Annual elections are not required
ARTICLE III: BOARD OF DIRECTORS
Section 5: Vacancies
There’s major stuff in obscure places related to this bylaw. The bylaws do not conflict and actually set up a reasonable way of doing things. If this bylaw and others stay as written, here’s how it’s going to work.
There is no requirement for annual elections. If there is an annual election, it is not necessary to vote for all positions on the board.
An elected officer holds that position until another vote is taken or they resign or are removed.
If there is no election and the current officer resigns, there are 2 methods to fill the vacancy. The Board of Directors can vote to fill the vacancy or someone can be appointed.
Unfortunately, the “appointment method” is never explained. Who makes the appointment isn’t specified. Is it the President? Is it the General Membership if they are present? If it’s the President, who appoints Officers if both the Pres and VP resign?
The biggie: If no one runs for an office, the current person stays in that office at their option. If the current office-holder chooses to resign, it’s the Board of Directors, not the General Membership, that votes to fill the vacancy.
All the stuff that sets this up is explained, but you only think it was boring reading this far.
If this is the intention or is an acceptable interpretation, don’t change anything. If you disagree with the interpretation or disagree with the result, click on that little word “COMMENT” down at the bottom and let us know how you feel.
Currant bylaw:
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Vacancies in the Executive Committee may be filled by a majority vote of the Board of Directors. Each Officer, filling a vacancy, shall hold office until his/her successor is elected at an annual or special meeting of the General Membership. A vacancy or vacancies in the Executive Committee shall be deemed to exist in the case of death, resignation, or removal of any Officer. A temporary vacancy due to military duty or work related obligations or illness may be filled by a majority vote of the Board of Directors to exist until the Officer returns to his/her duties or until the annual meeting of the General Membership. If the Board of Directors accepts the resignation from an Officer(s) tendered to take affect at a future time, the Board of Directors shall have the power to elect a successor to take office when the resignation becomes effective. Vacancies must be filled within sixty (60) days. Until the vacancy is filled, the President shall abstain from voting if necessary to ensure that there are no tie votes. No reduction in the number of Officers shall have the effect of removing any Officer prior to the expiration of his term of office.
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There’s a little surprise for this bylaw coming up from a later bylaw in Article IV, Section 3. Here’s the part:
-----------------------------------
The Officers of the Association except appointed subordinate officers or temporary appointments to fill vacancies should be elected annually by a vote of the General Membership and shall hold office until they resign, are removed or otherwise disqualified to serve.
-----------------------------------
Here’s a more readable version. Not recommending a change, just making it easier to read:
The elected Officers or temporary appointments of the Association should be elected annually by a vote of the General Membership and shall hold office until they resign, are removed or otherwise disqualified to serve.
“…should be elected annually…” Elections are recommended, but not mandatory. Voting for some, but not all Officers is within the bylaw.
Officers aren’t elected for one year. They’re elected until they voluntarily or involuntarily resign.
“…or temporary appointments…” Officers can be appointed. Doesn’t say by who, just that they can be.
If no one runs in an election and the current office-holder resigns, then the method for filling a vacancy goes into effect.
-------------------------------------------------------------
“Vacancies in the Executive Committee may be filled by a majority vote of the Board of Directors”.
-------------------------------------------------------------
Section 5: Vacancies
There’s major stuff in obscure places related to this bylaw. The bylaws do not conflict and actually set up a reasonable way of doing things. If this bylaw and others stay as written, here’s how it’s going to work.
There is no requirement for annual elections. If there is an annual election, it is not necessary to vote for all positions on the board.
An elected officer holds that position until another vote is taken or they resign or are removed.
If there is no election and the current officer resigns, there are 2 methods to fill the vacancy. The Board of Directors can vote to fill the vacancy or someone can be appointed.
Unfortunately, the “appointment method” is never explained. Who makes the appointment isn’t specified. Is it the President? Is it the General Membership if they are present? If it’s the President, who appoints Officers if both the Pres and VP resign?
The biggie: If no one runs for an office, the current person stays in that office at their option. If the current office-holder chooses to resign, it’s the Board of Directors, not the General Membership, that votes to fill the vacancy.
All the stuff that sets this up is explained, but you only think it was boring reading this far.
If this is the intention or is an acceptable interpretation, don’t change anything. If you disagree with the interpretation or disagree with the result, click on that little word “COMMENT” down at the bottom and let us know how you feel.
Currant bylaw:
------------------------------------------------------------
Vacancies in the Executive Committee may be filled by a majority vote of the Board of Directors. Each Officer, filling a vacancy, shall hold office until his/her successor is elected at an annual or special meeting of the General Membership. A vacancy or vacancies in the Executive Committee shall be deemed to exist in the case of death, resignation, or removal of any Officer. A temporary vacancy due to military duty or work related obligations or illness may be filled by a majority vote of the Board of Directors to exist until the Officer returns to his/her duties or until the annual meeting of the General Membership. If the Board of Directors accepts the resignation from an Officer(s) tendered to take affect at a future time, the Board of Directors shall have the power to elect a successor to take office when the resignation becomes effective. Vacancies must be filled within sixty (60) days. Until the vacancy is filled, the President shall abstain from voting if necessary to ensure that there are no tie votes. No reduction in the number of Officers shall have the effect of removing any Officer prior to the expiration of his term of office.
---------------------------------------------------------------------
There’s a little surprise for this bylaw coming up from a later bylaw in Article IV, Section 3. Here’s the part:
-----------------------------------
The Officers of the Association except appointed subordinate officers or temporary appointments to fill vacancies should be elected annually by a vote of the General Membership and shall hold office until they resign, are removed or otherwise disqualified to serve.
-----------------------------------
Here’s a more readable version. Not recommending a change, just making it easier to read:
The elected Officers or temporary appointments of the Association should be elected annually by a vote of the General Membership and shall hold office until they resign, are removed or otherwise disqualified to serve.
“…should be elected annually…” Elections are recommended, but not mandatory. Voting for some, but not all Officers is within the bylaw.
Officers aren’t elected for one year. They’re elected until they voluntarily or involuntarily resign.
“…or temporary appointments…” Officers can be appointed. Doesn’t say by who, just that they can be.
If no one runs in an election and the current office-holder resigns, then the method for filling a vacancy goes into effect.
-------------------------------------------------------------
“Vacancies in the Executive Committee may be filled by a majority vote of the Board of Directors”.
-------------------------------------------------------------
posted by Merlin at 11:09 PM
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