Guest Jake Posted October 20, 2010 at 02:16 PM Report Share Posted October 20, 2010 at 02:16 PM I am confused about whether or not our Kennel Club officers can be replaced mid term or not. The bylaws read in part: "The Board shall be comprised of the President, Vice President, Secretary, Treasurer, AKC Delegate, immediate past President, and three other Directors, all of whom shall be elected at Club's annual meeting as provided in Article IV and shall serve until their successors are elected. The term of office for the President and Treasurer shall be two years. The term of office for the Vice President, Secretary and Directors shall be one year. The Delegate to the American Kennel Club shall serve a three year term, and can serve the club indefinitely."The fact that the term "shall serve until their successors are elected", and then specific terms appear are confusing to me. Can the officers be replaced during their terms, or do they serve their specific terms as outlined in the bylaws? Link to comment Share on other sites More sharing options...
Guest Jake Posted October 20, 2010 at 02:19 PM Report Share Posted October 20, 2010 at 02:19 PM Also, if they can be replaced, what is the proper procedure? Link to comment Share on other sites More sharing options...
Tim Wynn Posted October 20, 2010 at 02:24 PM Report Share Posted October 20, 2010 at 02:24 PM Also, if they can be replaced, what is the proper procedure?See RONR(10th ed.), p. 642, l. 29 - p. 643. Link to comment Share on other sites More sharing options...
Guest Jake Posted October 20, 2010 at 02:28 PM Report Share Posted October 20, 2010 at 02:28 PM That is my question. I do not understand which case applies! Link to comment Share on other sites More sharing options...
Tim Wynn Posted October 20, 2010 at 02:57 PM Report Share Posted October 20, 2010 at 02:57 PM That is my question. I do not understand which case applies!You would need "misconduct or neglect of duty in office" for either to apply. If you have that, then you would look at your bylaw. In the general case, a bylaw that says " ...or until their successors are elected," allows for the election to be rescinded. We can't interpret your bylaws here, but the excerpt that you posted doesn't show any indication of qualifying for rescinding the election. In such a case, if cause exists, you would need to follow the disciplinary procedures in Chapter XX.A lighter, simpler version might be for the officer to be asked to resign, or to offer him instruction on what he is doing wrong or what he should be doing righter. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted October 20, 2010 at 11:44 PM Report Share Posted October 20, 2010 at 11:44 PM That is my question. I do not understand which case applies!You have the "and" case. (i.e., a trial will be necessary.)You don't have the "or" case. (i.e., you cannot rescind the election.) Link to comment Share on other sites More sharing options...
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