Welcome to the VFW WI Judge Advocate Information
| | |
 |
Recent News Entries Quartermaster - What's required for a monthly QM Report? Post By-Laws - A Guide to Drafting WISCONSIN VFW CHARTER & BY-LAWS SHOW US WHAT YOU KNOW! THE CHAIN OF COMMAND |
|
Our Sponsors |
|
The Appearance of Political, Product or Service Advertising on this Network is for Informational Purposes Only and Should not be Construed as an Endorsement.
|
|
Become a Friend of the Department of Wisconsin
Multimedia
| | |
Veterans Resources
Veterans Coalition
News
WHAT ABOUT ELECTIONS?
Posted at 7:49 AM on Thursday, May 15, 2008 by State Judge Advocate in ByLaws and Procedures
Our districts are in the process of completing their spring conferences or meetings. At one district meeting I attended recently, the election of trustees and vacancies issues came forward
Issue 1: Can a district three year trustee run again for that same position (three year term) or does he have to follow the normal progression to the next position as the district two year trustee and so fourth? If that’s the case, what is the progression of the other two trustees? Does the two year trustee move to the one year trustee position – and another two year trustee has to be elected? Plus does the original three year trustee have to resign the progression position of the two trustees before the election process.
Issue 2: During the election procedures – if the outgoing district commander decides to run for another term, does he run against the original senior vice commander? Do the senior & junior vice commander have the right to stay in their original positions and be re-elected to those positions, or must they move forward to the next progression?
Since there was some friendly disagreement between the State Judge Advocate and a very knowledgeable district member, I followed up with a call to National’s Assistant Director of Administrative Operations, David Prohaska.
Here’s what he said: A trustee is elected for a three year term unless they are unable to fulfill their term of office. If that person fails to fulfill their term, then an election takes place to fulfill the rest of the person’s obligation. If a two year trustee is unable to fulfill his commitment, a person is elected in his place (the three year does not move up). In the case cited, the three year’s trustee’s obligation is to progress to the two year trustee, he would not be eligible to run for the three year trustee. However, this is my interpretation and one might argue that he has the right to run for three year trustee therefore vacating the two year position, and an election for a two year trustee would be needed…. and they would be correct.
Elections periods (except trustees) are for one year (there is no progression like trustees stated in the By-Laws except to fill vacancies during the year), any member can run for any position as long as they don’t hold two elective offices, therefore, a senior or junior commander could run for the same position and not move up. Now, when there is a vacancy, and they elect not to move up, they must resign their position and run again if so desired.
And, on a related issue: If the district commander resigns or passes away and the senior or the junior vice commander or both refused to step up to the next progression what happens?
In the Manual of Procedures Article IV – Districts, Section 418 – Vacancies and Removal of Elective Officers, states in part: “..District may fill any vacancy in their offices at any regular or special meeting. In the event of a vacancy in the office of District commander, the Senior Vice Commander shall at once succeed to the title and duties of such office, and the Junior Vice Commander shall succeed to the title and duties of the senior Vice commander. Likewise in the event of a vacancy in the office of senior Vice Commander, the junior Vice commander shall at once succeed to the title and duties of said office. In either case, the district shall be convened for the election of a junior vice commander.
It is also my understanding that in the event of a vacancy in the office of commander, the senior moves up. If he cannot or refuses to move up, he must resign and the junior vice commander will assume the duties of the commander, and an election must be held for the office of junior vice commander and senior vice commander.
This also holds true for the vacancy in the office of the senior vice commander: The junior moves up. If he cannot, or refuses to, move up, he must resign and a new election must be held for the office of senior & junior vice commanders, not only the district, but also the post level.
I hope we haven’t confused you completely. Elections & Vacancies - just remember – vacancies you must move up or resign your office. Elections – you have the choice to move up or stay in your original office and be re-elected.
I hope this has addressed the issues and concerns of our district and post membership.
Previous Page | Home | Next Page
