President's powers
One sentence in the following bylaw is unnecessary and (I believe unintentionally) significantly changes the role of the members and the President. To save time skip to the proposed change and read the part that is to be eliminated.
ARTICLE III BOARD OF DIRECTORS
Section 5 Vacancies
Current 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 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.
Eliminate: “Until the vacancy is filled, the President shall abstain from voting if necessary to ensure that there are no tie votes.”
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It’s in Robert’s Rules of Order that the President only votes to break ties. Whether there is an even or odd number of members on the Exec Comm isn’t a factor.
Recommended wording:
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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 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. [Begin Removal] Until the vacancy is filled, the President shall abstain from voting if necessary to ensure that there are no tie votes. [End Removal] 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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Comment: The President doesn’t vote at Exec Committee meetings or Board of Directors Meetings (per Roberts Rules of Order). If there is a tie vote, the President breaks the tie.
This creates the requirement for a strong President who is willing to make decisions when the membership cannot. This also creates a strong voice by members. A simple majority of 1 person who doesn’t agree with the President is enough to override a President.
The President isn’t allowed to cast his/her own vote to create a tie. The members, not the President, control the organization.
The President does not vote in elections. If the Election Committee reports a tie to the President, the President casts his/her vote with the Election Committee and the winner is announced.
ARTICLE III BOARD OF DIRECTORS
Section 5 Vacancies
Current 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 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.
Eliminate: “Until the vacancy is filled, the President shall abstain from voting if necessary to ensure that there are no tie votes.”
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It’s in Robert’s Rules of Order that the President only votes to break ties. Whether there is an even or odd number of members on the Exec Comm isn’t a factor.
Recommended wording:
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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 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. [Begin Removal] Until the vacancy is filled, the President shall abstain from voting if necessary to ensure that there are no tie votes. [End Removal] 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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Comment: The President doesn’t vote at Exec Committee meetings or Board of Directors Meetings (per Roberts Rules of Order). If there is a tie vote, the President breaks the tie.
This creates the requirement for a strong President who is willing to make decisions when the membership cannot. This also creates a strong voice by members. A simple majority of 1 person who doesn’t agree with the President is enough to override a President.
The President isn’t allowed to cast his/her own vote to create a tie. The members, not the President, control the organization.
The President does not vote in elections. If the Election Committee reports a tie to the President, the President casts his/her vote with the Election Committee and the winner is announced.
posted by Merlin at 8:27 PM
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