BethJ2 (California)
Posts: 62
Posts: 62
Posted:
We have a situation where a Board member may need to resign. Does anyone know if the departing Board member can vote on her replacement?
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Can a Board vote on her replacement?
Started by BethJ2 • 6 replies • 1278 views
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JeffR7 (California)
Posts: 251
Posts: 251
Posted:
The board may appoint another member to serve in her place until the next election.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Per Davis-Stirling.com the answer is yes.
Here is a link to that page:
http://www.davis-stirling.com/MainIndex/DirectorResignations/tabid/1364/Default.aspx#axzz1bU9p0Xxf
Here is a link to that page:
http://www.davis-stirling.com/MainIndex/DirectorResignations/tabid/1364/Default.aspx#axzz1bU9p0Xxf
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By BethJ2 on 10/21/2011 7:19 PM
We have a situation where a Board member may need to resign. Does anyone know if the departing Board member can vote on her replacement?
We have a situation where a Board member may need to resign. Does anyone know if the departing Board member can vote on her replacement?
Of course. Where does it say she can't?
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
If she resigns in writing with an effective date that's prior to the meeting where a replacement will be appointed, she will have no vote as she no longer will be a director.
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By CarolR11 on 10/22/2011 9:28 AM
If she resigns in writing with an effective date that's prior to the meeting where a replacement will be appointed, she will have no vote as she no longer will be a director.
If she resigns in writing with an effective date that's prior to the meeting where a replacement will be appointed, she will have no vote as she no longer will be a director.
True. Although the OP didn't say the person had already resigned.
However, this raises an interesting point. If the board can only vote to fill a vacancy, then there is no vacancy to fill until the board member's resignation is effective. There is probably nothing in the bylaws allowing the board to vote to fill a future vacancy. So, if no vacancy exists before the person's resignation is effective, the board cannot vote to fill the vacancy until after that time, and the person who resigned will no longer be a board member and cannot vote on her own replacement.
This may appear to some to be a technicality, but bylaws are meant to be followed as they are written.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Yours IS an interesting point, Bruce!
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