executive back up position?

[Swissmrs]

Our nominating committee has submitted their list of nominees for our executive. There are 2 positions for which they've indicated a person to act as 'backup' (secretary and editor). Our bylaws don't say that positions can be shared. Each position is only indicated as a singular position (eg. president, vice-president, secretary...etc).

If they wanted a position to be held by more than person, do the bylaws not need to indicate this? I am assuming so.

Since our election is this week, there is no way to change our bylaws now. As a result, can a non-elected member assume the role of an elected member (or in this case act as a back up from time to time)?

Our bylaws don't address the situation of what happens when a role is vacated, but in that situation, I think Roberts Rules applies in that the executive can appoint someone until such time as an election can be held.

If you need more info, let me know and I'll provide what I can.

Thank you in advance for your expertise!

[Josh Martin]

If they wanted a position to be held by more than person, do the bylaws not need to indicate this? I am assuming so.

You assume correctly.

As a result, can a non-elected member assume the role of an elected member (or in this case act as a back up from time to time)?

An individual may not simply "assume the role" of an elected officer defined in the Bylaws, unless the Bylaws provide for this. It may be possible for the individual to assist with or take over certain duties of the position as needed, but it will require careful interpretation of the organization's Bylaws to determine when this is allowable. Such interpretation is up to the organization and is beyond the scope of this forum. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.

Our bylaws don't address the situation of what happens when a role is vacated, but in that situation, I think Roberts Rules applies in that the executive can appoint someone until such time as an election can be held.

If a position actually becomes vacant, the default in RONR is that the vacancy is filled by the same body that elected the position to begin with. RONR does not grant any authority to the Executive Board or Executive Committee (I assume you mean one of these when you say "executive") to appoint someone to fill a vacancy elected by the general membership, even on a temporary basis. Your Bylaws may state otherwise.

Since you say that one of these positions is the Secretary RONR does provide that if the position of Secretary is vacant (or the secretary is absent), the assembly may elect a Secretary Pro Tempore at each new meeting (or for a longer period if notice is provided). The Secretary Pro Tempore only performs the duties of the Secretary in connection with meetings, such as taking minutes.

[hmtcastle]

Our nominating committee has submitted their list of nominees for our executive.

Your executive board? Your executive committee?

If they wanted a position to be held by more than person, do the bylaws not need to indicate this?

Yes.

As a result, can a non-elected member assume the role of an elected member (or in this case act as a back up from time to time)?

No.

I think Roberts Rules applies in that the executive can appoint someone until such time as an election can be held.

Robert's Rules says no such thing.

[Tim Wynn]

Our nominating committee has submitted their list of nominees for our executive. There are 2 positions for which they've indicated a person to act as 'backup' (secretary and editor). Our bylaws don't say that positions can be shared. Each position is only indicated as a singular position (eg. president, vice-president, secretary...etc).

If they wanted a position to be held by more than person, do the bylaws not need to indicate this? I am assuming so.

Your assumption is correct. The nominating committee can't create or alter a position with its nomination. That's kind of funny. The job of the nominating committee is just to nominate.

Since our election is this week, there is no way to change our bylaws now. As a result, can a non-elected member assume the role of an elected member (or in this case act as a back up from time to time)?

If your presiding officer or secretary is absent at a meeting, you can elect a temporary one, but what you're describing seems to be in the nature of electing someone in advance to serve from time to time in the absence of an officer. You can't do that.

Our bylaws don't address the situation of what happens when a role is vacated, but in that situation, I think Roberts Rules applies in that the executive can appoint someone until such time as an election can be held.

That's not the rule in RONR. The body that elects the position would fill the vacancy, notice being required in the case of a filling a vacancy in an office.