Guest Kevin Posted October 15, 2010 at 03:50 PM Report Share Posted October 15, 2010 at 03:50 PM Are president resigned and the vice-president took over leaving the vice- president open can the board put in a acting vice-president. Link to comment Share on other sites More sharing options...
Trina Posted October 15, 2010 at 04:01 PM Report Share Posted October 15, 2010 at 04:01 PM Yes, if the bylaws give the board the power to fill vacancies. Except that the board wouldn't be appointing an 'acting' VP -- it would be appointing a person to be vice president. If the board is not empowered to fill vacancies, the body that elected the VP should elect a new one. Link to comment Share on other sites More sharing options...
Guest kevin Posted October 15, 2010 at 04:14 PM Report Share Posted October 15, 2010 at 04:14 PM The bylaws dont say anything about filling vacancies.With one less member on the board it was hard to have a quoram so we filled the vacancy til the next election.Should we have not done this and what should we do now Link to comment Share on other sites More sharing options...
hmtcastle Posted October 15, 2010 at 04:26 PM Report Share Posted October 15, 2010 at 04:26 PM The bylaws dont say anything about filling vacancies.With one less member on the board it was hard to have a quoram so we filled the vacancy til the next election.Should we have not done this and what should we do nowYou didn't fill the vacancy if you didn't have the authority to do so. So you have a vacancy until you complete an election.And you may not have had a quorum when you thought you did. Link to comment Share on other sites More sharing options...
Trina Posted October 15, 2010 at 04:33 PM Report Share Posted October 15, 2010 at 04:33 PM The bylaws dont say anything about filling vacancies.With one less member on the board it was hard to have a quoram so we filled the vacancy til the next election.Should we have not done this and what should we do nowIs your quorum requirement defined as a fixed number of members? If it's defined as a ratio or percentage (or if it is left to the default majority of members, as defined in RONR), then that ratio is applied to the number of actual members, not the number of potential members. If someone dies/resigns, your quorum requirement falls accordingly.In any case, 'filling' a vacancy when you aren't allowed to do so means you still have the vacancy. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 16, 2010 at 03:27 AM Report Share Posted October 16, 2010 at 03:27 AM The bylaws dont say anything about filling vacancies.With one less member on the board it was hard to have a quoram so we filled the vacancy til the next election.Should we have not done this and what should we do nowWell, since the bylaws didn't give you the power to do this, although you think you filled the vacancy, you actually did not. You're also putting anything you vote on in jeopardy, because you really won't have a quorum when you think you do, and even if you do, any votes that are carried where the bogus VP's vote made a difference are null and void.Things are bad enough, and if someone gets a lawyer involved they'll get worse.What you should do now is hold an election for VP, and hope the general membership doesn't discipline you for what you've done so far. Link to comment Share on other sites More sharing options...
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