<p>Thank you so much Silvia, that was very well done and should remove any confusion.</p>
<p><blockquote type="cite">On 07/05/2010 8:19 AM, "Silvia Pfeiffer" <<a href="mailto:silvia@silvia-pfeiffer.de">silvia@silvia-pfeiffer.de</a>> wrote:<br><br>Let's get the definitions of the constitution right (and I have simply<br>
cut and pasted this from the constitution):<br>
<br>
* ordinary member - means a member of the council who is not an<br>
office-bearer of the association, as referred to in rule 14(2)<br>
<br>
* 14 (1) the council is to consist of:<br>
(a) the office-bearers of the association; and<br>
(b) 3 ordinary members, each of whom is to be elected at the annual<br>
general meeting of the association under rule 15.<br>
<br>
<br>
* 14 (2) The office-bearers of the association are to be:<br>
(a) the president;<br>
(b) the vice-president;<br>
(c) the treasurer; and<br>
(d) the secretary.<br>
<br>
* 14 (4) In the event of a casual vacancy occurring in the membership<br>
<p><font color="#500050">of the council, the council may appoint a member of the association to<br>fill the vacancy and the memb...</font></p>* 18 (1) For the purposes of these rules, a casual vacancy in the<br>
office of a member of the council occurs if the member:<br>
(d) resigns office by notice in writing given to the secretary;<br>
<br>
Note that "holding office" is not identical to "being an<br>
office-bearer" - all council members hold office, but only 4 special<br>
ones are "office-bearers", because they have special legal obligations<br>
according to the Act.<br>
<br>
<br>
Thus:<br>
<br>
1. James is president and has resigned appropriately consistent with<br>
rule 18 (1) and there is now a casual vacancy on the council.<br>
<br>
2. The role of president is that of an office bearer (rule 14 (2) )<br>
and through that a member of the council (rule 14 (1)).<br>
<br>
3. The council has shared with us its intention to appoint a member of<br>
the association to fill the vacancy, namely John Ferlito, which it did<br>
according to rule 14 (4).<br>
<br>
4. Since John Ferlito is also a treasurer and it does not make sense<br>
for him to work two roles, he will need to resign from the treasurer<br>
role (according to rule 18 (1)) to make room for another vacancy on<br>
the council.<br>
<br>
5. This new vacancy can again be filled by the council through a<br>
member of the association according to rule 14 (4), for which the<br>
council has shared its intention with us to appoint Josh Hesketh.<br>
<br>
6. Note that nowhere in the constitution does it say that the council<br>
has to consult the membership in executing these actions. I believe<br>
that the council has, however, done the right thing in announcing its<br>
intentions to us and being open about this.<br>
<br>
I support the council in these actions.<br>
<br>
<br>
Best Regards,<br>
<font color="#888888">Silvia.<br>
</font><p><font color="#500050"><br><br><br>On Fri, May 7, 2010 at 1:00 AM, David Newall <<a href="mailto:davidn@davidnewall.com">davidn@davidnewall.com</a>> wrote:<br>> James Polley wrote...</font></p></blockquote>
</p>