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Office Elimination via By-law Amendment & Filling Vacancy of Office


Guest Nicki

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Good evening. Our organization voted on by-law amendments in March, 2010 and or amendments eliminated 2 Offices, the office of First VP and the Office of 2nd VP. The offices of First & 2nd VP were replaced with the office of VP. Prior to the March 2010 amendments, our bylaws stated that if there is a vacancy in the office of President, the First VP automatically becomes President and the Exec. Committee appoints all other vacant offices. Our President will be resigning in July 2010, and since the amendments to the bylaws in March eliminated the offices of First & 2nd VP and replaced both offices with the office of VP, what is the proper procedure to fill the chapter office vacancy of the President and what is the proper procedure to fill the newly created office of VP? Our officers serve a 2 year term and we do not vote on officers until May 2011.

I am of the opinion that even though the by law amendments eliminated the offices of First & 2nd VP; I believe that those individuals who are currently holding those offices should continue to serve out their term until May 2011, which means that the current First VP would automatically move up to President once our President resigns, and the Executive Committee shall appoint the current 2nd VP to the newly created office of VP. Thoughts? Suggestions?

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what is the proper procedure to fill the chapter office vacancy of the President

If your bylaws don't provide for a different procedure, the vice president automatically becomes president for the unexpired term. See RONR(10th ed.), p. 442, l. 2-6.

and what is the proper procedure to fill the newly created office of VP?

Unless the bylaws clearly provide otherwise, an election can be held to fill the office, at a meeting where the necessary notice has been given.

I am of the opinion that even though the by law amendments eliminated the offices of First & 2nd VP; I believe that those individuals who are currently holding those offices should continue to serve out their term until May 2011,

No one is currently holding those offices. According to your post they were eliminated. So, they don't exist anymore.

which means that the current First VP would automatically move up to President once our President resigns, and the Executive Committee shall appoint the current 2nd VP to the newly created office of VP.

That might be the way it used to work, but that's of no importance now. You have to go with the rules as they stand now.

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