AnnaM Posted September 14, 2010 at 09:13 PM Report Share Posted September 14, 2010 at 09:13 PM At a rescent board meeting it was brought up that certain officer positions had been vacated before their term was finished. There was no policy in place for replacing the officers. Anyone who was interested in filling the office submitted a application and the officers then voted on it. That person would fill in until the postion came up for reelection and could then apply for the position again. The board now wants the postions filled by an election by the members and wants this to be made retro active as of Mar 31 2010. Now the officers that have been filling these postions have to reapply and will have their titles taken away from them. Since there was no policy in affect for the past, are the board members allowed to make the policy retroactive or as of todays date? Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 14, 2010 at 09:16 PM Report Share Posted September 14, 2010 at 09:16 PM The Board only has the authority the bylaws give it. Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 14, 2010 at 09:19 PM Report Share Posted September 14, 2010 at 09:19 PM At a rescent board meeting it was brought up that certain officer positions had been vacated before their term was finished. There was no policy in place for replacing the officers. Anyone who was interested in filling the office submitted a application and the officers then voted on it. That person would fill in until the postion came up for reelection and could then apply for the position again. The board now wants the postions filled by an election by the members and wants this to be made retro active as of Mar 31 2010. Now the officers that have been filling these postions have to reapply and will have their titles taken away from them. Since there was no policy in affect for the past, are the board members allowed to make the policy retroactive or as of todays date?Assuming the general membership assembly originally elected the officers, the elections held by the board to fill the vacancies were likely null and void, the principle being that powers not delegated by the general membership assembly are retained. However, an election to fill a vacancy does not change history. The newly elected officers will serve out the remaining portion of the term, but that's all. Link to comment Share on other sites More sharing options...
AnnaM Posted September 14, 2010 at 09:38 PM Author Report Share Posted September 14, 2010 at 09:38 PM Ok ,I am still confused. The board can't strip her of her position even if they bring in a policy now on how to fill empty postions. She was chosen by the officers after she submitted her application. This is how they have filled the postions in the past and she would have to be re elected at the end of her term by the gerneral members. There has never been any policys put into place by the board members. Can the board members now over ride the officers and take her postion away from her? Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 14, 2010 at 09:47 PM Report Share Posted September 14, 2010 at 09:47 PM Ok ,I am still confused. The board can't strip her of her position even if they bring in a policy now on how to fill empty postions. She was chosen by the officers after she submitted her application. This is how they have filled the postions in the past and she would have to be re elected at the end of her term by the gerneral members. There has never been any policys put into place by the board members. Can the board members now over ride the officers and take her postion away from her?I think you need to read the organization's bylaws. If the board has not specifically been delegated the power to fill vacancies in office, then the power to fill vacancies in office has been retained by the body that originally elected the officers--presumably, the general membership assembly, in this case. Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 14, 2010 at 09:49 PM Report Share Posted September 14, 2010 at 09:49 PM Ok ,I am still confused. The board can't strip her of her position even if they bring in a policy now on how to fill empty postions. She was chosen by the officers after she submitted her application. This is how they have filled the postions in the past and she would have to be re elected at the end of her term by the gerneral members. There has never been any policys put into place by the board members. Can the board members now over ride the officers and take her postion away from her?Do the bylaws grant the Board the authority to fill vacancies in the offices in question? Link to comment Share on other sites More sharing options...
hmtcastle Posted September 14, 2010 at 09:53 PM Report Share Posted September 14, 2010 at 09:53 PM She was chosen by the officers after she submitted her application. This is how they have filled the positions in the past and she would have to be re elected at the end of her term by the general members. There has never been any policy put into place by the board members. Can the board members now over ride the officers and take her position away from her?Well, you'll have to examine your bylaws to figure out who stands where in the parliamentary pecking order. Do "the officers" constitute a defined body that can make decisions or are they just acting as a bunch of officers? Are the officers a separate group from the board?Your particular parliamentary pecking order might be General Members - Board - Officers, or it might be General Members - Officers - Board. Link to comment Share on other sites More sharing options...
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