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Resignation Replacement


Guest Lee Ann

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What is the correct procedure to replace an elected board member who resigns before their term begins?

Our nominations were held in September, elections held in October, term to begin in January.

Two candidates ran for this position. The winner accepted office at the time of the ballot counting (October).

She resigned (via letter) in November.

There is nothing in the by-laws that directs the manner in which a replacement should be made. This position is Secretary, a voting position.

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What is the correct procedure to replace an elected board member who resigns before their term begins?

Our nominations were held in September, elections held in October, term to begin in January.

Two candidates ran for this position. The winner accepted office at the time of the ballot counting (October).

She resigned (via letter) in November.

There is nothing in the by-laws that directs the manner in which a replacement should be made. This position is Secretary, a voting position.

Since the officer was present and accepted office, the election was completed. As of the date the term begins, there will be a vacancy in the position. Since your Bylaws are silent on the subject of filling vacancies, the position must be filled by the same body which elected the position in the first place. Until this may be completed, the board may elect a Secretary Pro Tempore for each session, or for a longer period if previous notice is provided. This does not confer voting rights on the individual, and the Secretary Pro Tempore only performs the duties of the Secretary in connection with meetings (such as taking the minutes).

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Do we need to fill the position in the same manner that the original position was filled?

Nomination then voting, in the same timeframe as the previous election? Or can a notice be sent to the same body of members stating that nominations and voting will be held at a specific time & location?

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the position must be filled by the same body which elected the position in the first place

Attention must also be paid to which position(s) she is resigning from. Is she resigning as secretary but remaining on the board? Resigning from both? Is the body that elected her as a board member the same body that elected her as secretary?

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Do we need to fill the position in the same manner that the original position was filled?

Nomination then voting, in the same timeframe as the previous election? Or can a notice be sent to the same body of members stating that nominations and voting will be held at a specific time & location?

You will have to check your Bylaws to be sure, but generally speaking, it is not necessary to go through a nominating committee and other steps like that again. It is generally sufficient to provide notice and then hold elections at a properly called meeting.

Attention must also be paid to which position(s) she is resigning from. Is she resigning as secretary but remaining on the board? Resigning from both? Is the body that elected her as a board member the same body that elected her as secretary?

Since the original post refers to the secretary as "a voting position," I believe that the Secretary serves as an ex-officio director of the board.

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Do we need to fill the position in the same manner that the original position was filled?

Nomination then voting, in the same time frame as the previous election?

Or can a notice be sent to the same body of members stating that nominations and voting will be held at a specific time & location?

Can a
notice
be sent to the
same
body of members,

stating that
nominations and voting will be held
,

at a
specific time & location
?

Yes. That should do it. -- Give notice; hold nominations from the floor; do the balloting; tabulate; announce result.

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