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Filling executive positions when no-one nominates

The following questions has been received:
Is it necessary when appointing executive members to a group with a constitution to appoint all positions detailed in the constitution?

The simple answer is no.
Even if the constitution details that certain positions make up the executive group, if people cannot be found to fill certain positions, then they are simply declared “vacant due to lack of nominations”.

There are 2 wider questions which follow on. The first is when the position is filled and how. The second is that perhaps it is time to review the constitution.

Let’s deal with the first question. If a position is vacant after the Annual General Meeting (AGM) or a special meeting, then that position should be filled later when someone nominates. The consitution will generally be silent on this issue, but if it is not then that is where your answer lies.

If however, like most constitutions, it is silent then the executive who were elected could fill the vacant position or positions when a suitable and willing person appears by simply appointing them. If there is any doubt, then a Special General Meeting (SGM) could be called but this would normally not be necessary. In either case, the person filling the vacancy does so until the next election would otherwise have been held for that position.

The second question is about the constitution requring particular positions to be filled. It is unwise to list a whole range of positions in a constitution beyond the key positions such as president, vice-presdient, secrtary, treasurer etc. It is more sensible to just list the key positions and then allow the other positions to be elected on a needs basis. This allows a group to react to circumstances without bhaving to go through the lengthy and complex process of amending a constitution.

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