[Linux-aus] Presidential Succession

David Newall davidn at davidnewall.com
Thu May 6 18:53:45 EST 2010


James Polley wrote:
> Rather than random speculation, let's take a look at 
> http://linux.org.au/org/constitution.phtml

Good idea.  Section 14(1) prescribes members of the council to comprise 
office bearers plus three ordinary members.  Section 14(4) provides for 
the council to appoint a replacement for a casual vacancy in the 
membership of the council.  This does not seem to permit the council to 
appoint a replacement for a casual vacancy in office bearers.

Aside from being an office bearer, the purpose of the president is to 
preside at meetings of council and at general meetings; and in his 
absence the president-of-vice is to preside (sections 20(7)(a) and 28(1)).

Neither the constitution nor governing Act (Associations Incorporation 
Act 1984 (NSW)) require a casual vacancy in office-bearers be filled, 
other than for the public officer, thus the rules seem to require that 
the vice-president act as president until completion of the next AGM.  
The council (nee committee, c.f. the Act) should not fill the vacancy as 
it already has it's required three ordinary members.

Bottom line: do nothing; Vice-president presides.



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