President resigns

[Guest Rob talbot]

We have a situation where the President has resigned and became a regular member. The President (former). Secretary, Vice President, and Sgt of Arms have gotten together and decieded that the Secretary is now the President and another member is now the Secretary with no vote from the members. They hace decieded that this will be in place until the end of the fiscal year in October when they will hold elections. Can they do all of this with no imput from the membership?

[Weldon Merritt]

Can they do all of this with no imput from the membership?

Probably not. To start with, it is not at all clear that the officers collectively constitute a board. If the bylaws do not define a board, then you have none, and the officers are just a group of members who happen to be serving in office. Second, even if the officers do constitute a board, the board has only the authority given in the bylaws. That may or may not include the authority to fill vacancies in office, depending upon what the bylaws say. Third, even if the officers are a board, and even if the board has the authority to fill vacancies, that does not include a vacancy in the office of president unless the bylaws specifically say that it does, instead, the vice president becomes the president automatically. And finally, even if the officer constitute a board, the board has the authority to fill vacancies, and that authority specifically includes the office of president, the “President (former),” once his resignation was effective, was no longer on the board and should have had nothing to do with the process.

[Guest Rob talbot]

Probably not. To start with, it is not at all clear that the officers collectively constitute a board. If the bylaws do not define a board, then you have none, and the officers are just a group of members who happen to be serving in office. Second, even if the officers do constitute a board, the board has only the authority given in the bylaws. That may or may not include the authority to fill vacancies in office, depending upon what the bylaws say. Third, even if the officers are a board, and even if the board has the authority to fill vacancies, that does not include a vacancy in the office of president unless the bylaws specifically say that it does, instead, the vice president becomes the president automatically. And finally, even if the officer constitute a board, the board has the authority to fill vacancies, and that authority specifically includes the office of president, the “President (former),” once his resignation was effective, was no longer on the board and should have had nothing to do with the process.

[Guest Rob talbot]

Thanks -- What happins if the Vice President declines the position of President?

[Weldon Merritt]

Thanks -- What happins if the Vice President declines the position of President?

He can't. The assumption of the position is automatic and instant. If he did not want to serve as president, he should nat have accepted the position of vice president. If he now does not want to serve, his only option is to resign from the presidency.