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Filling Vacancy With A Previously Served Officer


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Guest Donna

Our Booster Club held an election based on a slate from the Nominating Committee.

There were no candidates for the VP position -- this position is still vacant.

The previous VP completed their 2 year term, but is willing to serve again. 

Can this be done by appointment?

Thank you for your expertise. 

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Guest Puzzling
15 minutes ago, Guest Donna said:

Our Booster Club held an election based on a slate from the Nominating Committee.

There were no candidates for the VP position -- this position is still vacant.

The previous VP completed their 2 year term, but is willing to serve again. 

Can this be done by appointment?

Thank you for your expertise. 

What do your bylaws say about the election of officers/ boardmembers and how to fill vacancies.

I am not sure but think it is an non completed election and the  vacancy  can only be filled by a majority vote of the membership, if only the rules of RONR apply,but am not completely sure , also your bylaws may rule about this situation and they overrule RONR.

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2 hours ago, Guest Donna said:

Our Booster Club held an election based on a slate from the Nominating Committee.

There were no candidates for the VP position -- this position is still vacant.

The previous VP completed their 2 year term, but is willing to serve again. 

Can this be done by appointment?

Thank you for your expertise. 

What do you mean when you say the previous vice-president completed a term? There is a good chance that vice-president is still in office, since no successor was elected. 

"If, for any reason, the assembly does not complete an election at the time for which it was scheduled, it should do so as soon as possible and may do so at any time until the expiration of the term the election is to fill. In the meantime, if the term of office extends until a successor is elected (see 56:28–30) failure to complete an election leaves the incumbent, if any, in office. Otherwise, a vacancy in office arises (see 47:57–58 for procedures for filling vacancies). Once the election is completed, however, the person elected replaces anyone who filled the vacancy. Failure to hold or to complete an election at the scheduled time does not deprive the membership of its right to elect an officer of its choice." - RONR (12th ed.) 46:45

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2 hours ago, Guest Donna said:

Can this be done by appointment?

If the organization has an executive board that has full power and authority over the affairs of the organization between meetings of the assembly of the organization without specifically excluding the filling of vacancies, then the executive board can fill vacancies. Whether a vacancy exists, or whether the vice-president is still in office, will depend on the bylaw provision establishing the term of office. If the term extends until a successor is elected, you have the same vice-president you had before the incomplete election. If the term is fixed at a point in time that has already passed, you have a vacancy. And, of course, all of this assumes you have no rule in your organization that says otherwise. In any event, the assembly of the organization still has the right to elect the position.  

"In the case of a society whose bylaws confer upon its executive board full power and authority over the society’s affairs between meetings of the society’s assembly (as in the example in 56:43) without reserving to the society itself the exclusive right to fill vacancies, the executive board is empowered to accept resignations and fill vacancies between meetings of the society’s assembly." - RONR (12th ed.) 47:57

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On 6/11/2021 at 8:44 AM, Guest Donna said:

Our Booster Club held an election based on a slate from the Nominating Committee.

There were no candidates for the VP position -- this position is still vacant.

The previous VP completed their 2 year term, but is willing to serve again. 

Can this be done by appointment?

Thank you for your expertise. 

Were there not even any write-in votes for Vice President?  That's unusual.

In any case, this sounds like an incomplete election to me, so it should be completed by having the membership vote on the office of Vice President, which the present incumbent has now agreed to run for.

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