Fwd: Re: Method of Filling Vacancy in the Specific Office of President

Hello all,

Please see Bob Plank's email to Judy Keisling and Jeanne's comments. I also had a brief conversation with Jill and she will be withdrawing her earlier motion. Paul Gossett had already sent me an email stating he would withdraw his second once the motion was withdrawn.

Michelle

-------- Original Message --------

Subject:	Re: Method of Filling Vacancy in the Specific Office of President
Date:	Sun, 24 Jan 2010 21:55:23 -0800
From:	Jeanne Plank <PlankMail@aol.com>
To:	Judy Keisling <keisling@swbell.net>, Jill & Joe Bonino <jpbonino@earthlink.net>, Michelle Snyder <AISSecretary@irises.org>, John Jones <jijones@usjoneses.com>, AISJudges@irises.org
CC:	Bob Plank <Bobplankmail@aol.com>

Hello:

I am in complete accord with what Bob has written below.

Along the lines of "where do we go from here:"

I want to point out that the AIS Bylaws (page 9, section 2 of the current edition)state that the Board shall elect a President-elect at the Annual Spring Meeting in those years when the incumbent is completing the last year of his/her term. (Roy was completing the last year of his term.) The President-elect takes office following "official elections" at the traditional fall meeting.

The Board has the means to keep things "on track" buy taking normal action at the Spring Meeting in Madison. Judy Keisling is the AIS President by virtue of the death of the sitting president. The Board really doesn't need to take any further action until November, when it could proceed as normal. If the Board feels insecure without a 2nd VP position, in the Spring the Board could choose either to remedy the vacancy left in the 2nd VP seat, or to wait until November to proceed with all elections along the normal pathways.

I favor the latter (for continuity's sake) unless someone can make a cogent argument that AIS would be in jeopardy.

I am of the opinion that Roy's name should be removed as contact on the web page and Judy's name be put in its place as President.

I suggest a black banded box be placed on the home page announcing Roy's death and ending by giving Judy's name as the new AIS President.

That's my opinion.

Jeanne

On Jan 24, 2010, at 8:23 PM, bobplankmail@aol.com wrote:

Judy,

The following analysis is furnished in response to your request.

Per Robert's Rules of Order, 10th Edition, Officers, at page 557, lines 17 and subsequent:

"If the bylaws are silent as to the method of filling a vacancy in the specific case of the presidency, the vice-president or first vice-president automatically becomes the president for the remainder of the term, and the vacancy arises in the vice-presidency or lowest ranking vice-presidency; if another method of filling a vacancy in the presidency is desired, it must be prescribed and specified [in the bylaws] as applying to the office of the president in particular."

In reading the AIS bylaws, I find that the bylaws are silent as to the method of filling a vacancy in the specific case of the presidency. Article VII, Officers, Section 4, merely states as follows: "The First Vice President shall perform the duties of the President in case of the President's absence." Article VII, Officers, Section 5, merely states as follows: "The Second Vice President shall perform the duties of the President in case of the President's absence."

I therefore conclude, per Robert's, that First Vice President Judy Keisling has automatically become President, and that no further action is necessary in regard to the presidency.

I also conclude that Jill Bonino has automatically become First Vice President, and that no further action is necessary in regard to the the first vice presidency. I also conclude, per Robert's, that an unfilled vacancy has automatically been created in the office of the second vice president.

I find that the bylaws are silent as to the method of filling a vacancy in the specific case of the second vice president, or that of any other officer. Accordingly, Robert's, 10th Edition, Officers, at page 557, lines 17-19 and subsequent, apply, as follows: "Unless the bylaws clearly provide otherwise, notice of filling a vacancy must always be given to the members of the body that will elect the person to fill it." The bylaws in Article VII, Officers, Section I, provide that the "AIS Board of Directors at its annual fall meeting shall elect the officers to serve one year or until their successors are named and qualified. . . ." It follows that the Board has the responsibility to fill the vacancy in the office of second vice president.

Bob Plank