[Linux-aus] Presidential Succession

[James Turnbull]

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David Newall wrote:
> 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.

I don't believe that's correct - it is my understanding that the
constitution is not prescriptive in this - the replacement is for the
Council as a whole including office bearers:

(4) In the event of a casual vacancy occurring in the membership of the
council, the council may appoint a member of the association to fill the
vacancy and the member so appointed is to hold office, subject to these
rules, until the conclusion of the annual general meeting next following
the date of the appointment.

The key word being "office" in my view.

> 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.

See my other email on this as to why John is stepping forward we'd like
to fill the additional role.

Happy to have further discussion on the situation but I think this is a
good outcome to have two keen people willing to take up on the roles.

Regards

James Turnbull

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