Guest Kristina Sherling Posted January 13, 2011 at 08:07 PM Report Share Posted January 13, 2011 at 08:07 PM I am unable to find the answer in RROO and it is not covered in our AKC club's C&BLs. Here is the scenario:Four names up for 2 board positions.Ballot count for the 2 recommended by nominating committee were 58 and 63 respectively. Third name received 28 votes and fourth name received 18 votes.Ballot counting on December 09, 2010 and a sudden resignation from a current board member (seat not open for filling at the time) on December 12, 2010.Question is this. If filling this unexpected vacated board position, would it come from the counted ballots and the third name with highest numbers be the new board member or is it the discretion of the club president to select their person to fill this new vacated seat?Please remember there is nothing in the club's C&BLs that address this anomaly.Thank you and I would appreciate an answer ASAP if possible, privately is fine. Seabreezeranch@aol.com Link to comment Share on other sites More sharing options...
hmtcastle Posted January 13, 2011 at 08:27 PM Report Share Posted January 13, 2011 at 08:27 PM Question is this. If filling this unexpected vacated board position, would it come from the counted ballots and the third name with highest numbers be the new board member or is it the discretion of the club president to select their person to fill this new vacated seat?If there is no mid-term vacancy-filling procedure in your bylaws (e.g. appointment by the president or by the board), then you'll have to hold an election.The third-place finisher in the last election could be appointed (if anyone can be appointed) or he could be elected, but he does not automatically get the job. Link to comment Share on other sites More sharing options...
Guest Kristina Sherling Posted January 13, 2011 at 08:34 PM Report Share Posted January 13, 2011 at 08:34 PM If there is no mid-term vacancy-filling procedure in your bylaws (e.g. appointment by the president or by the board), then you'll have to hold an election.The third-place finisher in the last election could be appointed (if anyone can be appointed) or he could be elected, but he does not automatically get the job.Thank you. I double checked the club's C&BLs and it does cover vacating board seat BUT the placement of new board members does not take place until Jan. 1, elections held Dec. 9, with board seat vacated Dec. 12. Here is the exact wording from the club's C&BLs:Section 3. Vacancies. Any vacancies occurring on the Board or among the officers during the year shall be filled until the next annual election by a majority vote of all the then members of the Board; except that a vacancy in the office of President shall be filled automatically by the Vice President and the resulting vacancy in the office of Vice President shall be filled by the Board.************************Because this was basically a *no-man's land* time frame, old guard not quite out and new guard not quite yet in, where does this fall? Still under having to hold another election for the vacated board seat?Thank you for your time and patience Link to comment Share on other sites More sharing options...
hmtcastle Posted January 13, 2011 at 08:39 PM Report Share Posted January 13, 2011 at 08:39 PM Because this was basically a *no-man's land* time frame, old guard not quite out and new guard not quite yet in, where does this fall? Still under having to hold another election for the vacated board seat?The fact that the resignation occurred shortly after an election is immaterial (especially since the person who resigned was not up for re-election). So there's no "no man's land".As far as RONR, the new board members took office the moment their election was complete (i.e. on December 9). Your rules might delay that (e.g. until the first of the year) but, again, that should have no effect on the resignation or how the vacancy is filled. So treat it as you would if he had resigned in June. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 13, 2011 at 08:49 PM Report Share Posted January 13, 2011 at 08:49 PM I am unable to find the answer in RROO and it is not covered in our AKC club's C&BLs. Here is the scenario:Four names up for 2 board positions.Ballot count for the 2 recommended by nominating committee were 58 and 63 respectively. Third name received 28 votes and fourth name received 18 votes.What we don't know is how many ballots were cast for this office. The vote tellers must count those and supply that number. I'm assuming not everyone voted for two names. The number of non-blank ballots with at least one "director" name on them constitute the number "present and voting" for the office of board member. In order to be elected, a candidate needs at least enough votes to reach a majority (more than half) of that number. We can assume that there must have been at least 63 ballots cast, but the number could be much higher. Let's say (for no particular reason) that the number of ballots cast for director 70. A majority of 70 is 36. So the top two candidates were both elected, and your election is complete. But your third place candidate did not receive a majority and was not elected. Not even if you were trying to fill three seats. You'd have to hold another election. Now that person could still be appointed if your bylaws allow appointments by the board or other method to fill vacancies, because that's a completely independent method. But if it comes down to holding an election, you need to actually vote again because you have no further candidates who were approved by a majority of the members. A new election shakes up the dice and gives everyone a fresh chance. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 13, 2011 at 09:05 PM Report Share Posted January 13, 2011 at 09:05 PM I don't see how any of this (filling a vacancy due to resignation from an office that wasn't up for election anyway) is tied to the election. It is coincidental that the resignation was tendered so closely following an election for open offices, but it's a separate issue altogether. It seems that the vacancy-filling procedures are what apply here, just as if the member resigned three weeks or months after the election.The bylaws (as quoted) seem clear: the (remaining) Board fills the vacancy (by majority vote), the Board member sitting until the next Annual election. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 13, 2011 at 09:29 PM Report Share Posted January 13, 2011 at 09:29 PM I don't see how any of this (filling a vacancy due to resignation from an office that wasn't up for election anyway) is tied to the election. It is coincidental that the resignation was tendered so closely following an election for open offices, but it's a separate issue altogether. It seems that the vacancy-filling procedures are what apply here, just as if the member resigned three weeks or months after the election.The bylaws (as quoted) seem clear: the (remaining) Board fills the vacancy (by majority vote), the Board member sitting until the next Annual election.Yes, if, as seems to be the case, this resigning member was not among those up for election, but is somewhere in the middle of a multi-year term, then the election has nothing to do with it, and the society should follow its vacancy-filling procedures, which require the replacement to stand for election no sooner than next year. Link to comment Share on other sites More sharing options...
Guest Kristina Sherling Posted January 13, 2011 at 09:41 PM Report Share Posted January 13, 2011 at 09:41 PM Thank you everyone for your responses. It appears that the board and officers are stating that the resignation was tendered during THAT board member's *mid term* thereby allowing the current board and officers to fill the vacancy and not required to hold an additional election.Thanks again, Link to comment Share on other sites More sharing options...
Rob Elsman Posted January 13, 2011 at 10:45 PM Report Share Posted January 13, 2011 at 10:45 PM I am unable to find the answer in RROO and it is not covered in our AKC club's C&BLs. Here is the scenario:Four names up for 2 board positions.Ballot count for the 2 recommended by nominating committee were 58 and 63 respectively. Third name received 28 votes and fourth name received 18 votes.Ballot counting on December 09, 2010 and a sudden resignation from a current board member (seat not open for filling at the time) on December 12, 2010.Question is this. If filling this unexpected vacated board position, would it come from the counted ballots and the third name with highest numbers be the new board member or is it the discretion of the club president to select their person to fill this new vacated seat?Please remember there is nothing in the club's C&BLs that address this anomaly.Thank you and I would appreciate an answer ASAP if possible, privately is fine. Seabreezeranch@aol.comUnless something else is prescribed in the bylaws, the regular nomination/election procedure is used to fill the vacancy in office, but previous notice of the election is required for validity, RONR (10th ed.), p. 557, ll. 16-26. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 13, 2011 at 11:10 PM Report Share Posted January 13, 2011 at 11:10 PM Unless something else is prescribed in the bylaws, the regular nomination/election procedure is used to fill the vacancy in office, but previous notice of the election is required for validity, RONR (10th ed.), p. 557, ll. 16-26.Apparently, something else is prescribed in the Bylaws.Section 3. Vacancies. Any vacancies occurring on the Board or among the officers during the year shall be filled until the next annual election by a majority vote of all the then members of the Board; except that a vacancy in the office of President shall be filled automatically by the Vice President and the resulting vacancy in the office of Vice President shall be filled by the Board. Link to comment Share on other sites More sharing options...
Rob Elsman Posted January 13, 2011 at 11:27 PM Report Share Posted January 13, 2011 at 11:27 PM Apparently, something else is prescribed in the Bylaws.Nevertheless, previous notice of the election is required for validity if the society has adopted RONR as its parliamentary authority. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 13, 2011 at 11:38 PM Report Share Posted January 13, 2011 at 11:38 PM Nevertheless, previous notice of the election is required for validity if the society has adopted RONR as its parliamentary authority.But in this case it appears no election is required. At least not until the next AGM. Link to comment Share on other sites More sharing options...
Rob Elsman Posted January 13, 2011 at 11:43 PM Report Share Posted January 13, 2011 at 11:43 PM But in this case it appears no election is required. At least not until the next AGM.I read the cited prescription differently. I think it means that the board fills the vacancy by election, and the term of office of the winner is until the next annual meeting. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 14, 2011 at 12:12 AM Report Share Posted January 14, 2011 at 12:12 AM Nevertheless, previous notice of the election is required for validity if the society has adopted RONR as its parliamentary authority.I read the cited prescription differently. I think it means that the board fills the vacancy by election, and the term of office of the winner is until the next annual meeting.I agree that previous notice is required for the board to fill the vacancy. Link to comment Share on other sites More sharing options...
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