president/treasurer

[Guest VLE]

Our treasurer resigned and the president decide to take over the books, appoint her own audit committee and does not plan on turning over the books to the membership until the annual meeting in January. Question is does she have the power to do so, our by-laws state anyone may hold more than one position with execption of the president. Thank you for your help

[Gary Novosielski]

Our treasurer resigned and the president decide to take over the books, appoint her own audit committee and does not plan on turning over the books to the membership until the annual meeting in January. Question is does she have the power to do so, our by-laws state anyone may hold more than one position with execption of the president. Thank you for your help

Without explicit permission in the bylaws, the president has no such power. This is doubly true if you have an explicit prohibition against the president also being the treasurer.

But you knew that before you asked your question. So what is your actual question?

[Guest VLE]

Without explicit permission in the bylaws, the president has no such power. This is doubly true if you have an explicit prohibition against the president also being the treasurer.

But you knew that before you asked your question. So what is your actual question?

I Understand she can't hold both position per our By-law's my question was does she have the power to take the books and keep them until she done doing whatever it is she doing? As I understand it there is no offical treasurer at this point, just a audit committee which she put in place along with herself. And she is writing checks and depositing moneys, so therefore I would think she acting as treasurer?

[jstackpo]

After "she [is] done doing whatever it is she [is] doing" you may find her mail being forwarded to Cancun or perhaps Rio de Janeiro.

Next meeting (if it isn't too late), insist that a new treasurer be put into place by whatever mechanism the bylaws specify. And insist that there be an independent audit before the new treasurer takes the books -- for his/her protection.

[hmtcastle]

I Understand she can't hold both position per our By-law's my question was does she have the power to take the books and keep them until she done doing whatever it is she doing?

The default responsibility/authority of a president is to preside at meetings.

As Mr. Novosielski indicated, your president has only the administrative authority granted by your bylaws. Clearly someone needs to "take the books" in the absence of the treasurer but that person could as easily be the secretary as the president. If I were the president, I'd want as many signatures on those checks as I could get.

[Rev Ed]

And double check if two signatures are required on all cheques - which should be the default for most organizations. That would mean that the President would still have to get one other member to sign, and thus unless the President is willing to provide the Board with access to the Board, then no cheques will get signed as no other Board member should sign any cheques until the issue is resolved.

[Gary Novosielski]

I Understand she can't hold both position per our By-law's my question was does she have the power to take the books and keep them until she done doing whatever it is she doing? As I understand it there is no offical treasurer at this point, just a audit committee which she put in place along with herself. And she is writing checks and depositing moneys, so therefore I would think she acting as treasurer?

No, she has no such power, unless it's in your bylaws, which I would bet a tidy sum it is not. But only you can answer that as only you have a copy. Read the powers of the president and you will quickly have the answer to your question.

You will also be able to discover the method for filling a vacancy in the office of treasurer, and you can then raise a point of order at the next membership meeting insisting that this method be followed.

You can also look into the methods of imposing discipline upon your otherwise undisciplined president, located in Chapter XX of RONR.

[Guest VLE]

No, she has no such power, unless it's in your bylaws, which I would bet a tidy sum it is not. But only you can answer that as only you have a copy. Read the powers of the president and you will quickly have the answer to your question.

You will also be able to discover the method for filling a vacancy in the office of treasurer, and you can then raise a point of order at the next membership meeting insisting that this method be followed.

You can also look into the methods of imposing discipline upon your otherwise undisciplined president, located in Chapter XX of RONR.

I thank all of you for your help, I have tried to find in Roberts Rules where this is also against rules of order, I was told there is a statement which states something to the affect "The president nor the spouse of the president may not hold the office of the treasurer", If anyone knows where I could find something to this affect, I would appreciate the help. I am going to need everything I can get to stop what is happening in our Association. Our By-laws seem to be only a matter of convenience. Thank you again

[Gary Novosielski]

I thank all of you for your help, I have tried to find in Roberts Rules where this is also against rules of order, I was told there is a statement which states something to the affect "The president nor the spouse of the president may not hold the office of the treasurer", If anyone knows where I could find something to this affect, I would appreciate the help. I am going to need everything I can get to stop what is happening in our Association. Our By-laws seem to be only a matter of convenience. Thank you again

There is no such rule in RONR. The only prerequisite for being treasurer is gaining a majority in the treasurer election.