election and director vacancy

[Guest doright]

Organization I belong to has nine directors with three of them normally up for election each year for a three year term. A director died after the November meeting. That director was not up for re-election this year. Mail out ballots were already circulated to the members with the ballots to be counted at the December meeting.

By-law states "If a Director's position is vacated, the Board by a 2/3 majority vote, shall appoint an Interim Director at the next regular meeting to fill the position until the next annual election of Directors.

Another by-law states "Any director's position, which was vacated during the course of the year due to death, removal or resignation will be filled at the next general election. After the results are tallied, the candidate with the fourth highest vote count will hold office for the remainder of the previous director's term. Multiple vacancies will be filled in the same manner.

At the December meeting the COB read the interim diector section and an interim director was appointed by the board. The COB declared that person would serve until the next election which according to the COB would be in 2011.

Question was that proper? The ballots for the 2010 elections had not been counted at the time of the appointment. The ballots were counted later in the December meeting. At that point was the next general election just minutes away or was it really 2011?

[Larry Cisar]

Organization I belong to has nine directors with three of them normally up for election each year for a three year term. A director died after the November meeting. That director was not up for re-election this year. Mail out ballots were already circulated to the members with the ballots to be counted at the December meeting.

By-law states "If a Director's position is vacated, the Board by a 2/3 majority vote, shall appoint an Interim Director at the next regular meeting to fill the position until the next annual election of Directors.

Another by-law states "Any director's position, which was vacated during the course of the year due to death, removal or resignation will be filled at the next general election. After the results are tallied, the candidate with the fourth highest vote count will hold office for the remainder of the previous director's term. Multiple vacancies will be filled in the same manner.

At the December meeting the COB read the interim diector section and an interim director was appointed by the board. The COB declared that person would serve until the next election which according to the COB would be in 2011.

Question was that proper? The ballots for the 2010 elections had not been counted at the time of the appointment. The ballots were counted later in the December meeting. At that point was the next general election just minutes away or was it really 2011?

Your organization will have to interpret its bylaws.

[Gary Novosielski]

Organization I belong to has nine directors with three of them normally up for election each year for a three year term. A director died after the November meeting. That director was not up for re-election this year. Mail out ballots were already circulated to the members with the ballots to be counted at the December meeting.

By-law states "If a Director's position is vacated, the Board by a 2/3 majority vote, shall appoint an Interim Director at the next regular meeting to fill the position until the next annual election of Directors.

Another by-law states "Any director's position, which was vacated during the course of the year due to death, removal or resignation will be filled at the next general election. After the results are tallied, the candidate with the fourth highest vote count will hold office for the remainder of the previous director's term. Multiple vacancies will be filled in the same manner.

At the December meeting the COB read the interim diector section and an interim director was appointed by the board. The COB declared that person would serve until the next election which according to the COB would be in 2011.

Question was that proper? The ballots for the 2010 elections had not been counted at the time of the appointment. The ballots were counted later in the December meeting. At that point was the next general election just minutes away or was it really 2011?

The bylaws of your organization, in case of any ambiguity, must be interpreted by your assembly, by majority vote. Nobody gets to "declare" what they mean.