[Linux-aus] Presidential Succession

Don Knowles donakk at gmail.com
Sat May 8 10:06:57 EST 2010


RE:
"I also wonder why a person would agree to be vice-president but refuse to
act for the president when the president is unable.  As others have said,
that is what is normally done."

It is normal for the Vice President to act in place of the President in the
event of the absence of the President on vacation, sick leave, away on
business etc.
A Vice President is not obliged by that convention to act for an extended
period, although he/she can, if that is what is agreed by (in this case)
council.

It is within the council's authority to _not_ fill the vacancy if they so
decide, but equally, if the council agrees that it is appropriate to appoint
a new President,
they have authority to do so. *Authority to act is vested in council
pursuant to cl. 14 (4).* Authority to *not* act is implicit.

I'd like to apologise for having a "second bite at the cherry" of this
discussion, I won't comment further, even if a seemingly valid point is
raised.

Don Knowles
Rockhampton, Australia

On Fri, May 7, 2010 at 11:37 PM, David Newall <davidn at davidnewall.com>wrote:

> Don Knowles wrote:
>
>> A written legal opinion would arrive about 6 months after the A.G.M.
>>
>
> The only reason why it would take six months to provide a legal opinion is
> if it were a tricky issue in law.  In such a case it could not be said that
> the council has clear power to appoint the president.  However this surely
> is a common question and an opinion is likely to take no more than a week.
>  I have received opinions on much more complicated issues in less.
>
> The committee could take any action they want and hope that nobody objects
> should that action be invalid.
>
> I must say that I don't see the importance of filling a casual vacancy in
> the office of president.
>
> I also wonder why a person would agree to be vice-president but refuse to
> act for the president when the president is unable.  As others have said,
> that is what is normally done.
>
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