On 19 March 2013 23:43, Tony Souter <to...@iinet.net.au> wrote:
> Dear members
>
> Given the legal requirements of incorporation in Victoria, it's important to
> check that the unusual reshuffle of committee office-bearers last weekend
> was conducted in accordance with WMAU's by-laws. These by-laws were
> forwarded to the WMF as part of the process of gaining the Foundation's
> agreement to renew the trademark agreement.
>
> The attempt to reshuffle the roles of three office bearers who were elected
> to specific positions by the membership a few months ago appears to have
> relied on the provisions for casual vacancies, just months after an election
> that filled those specific offices:
>
> "21. Office holders
>
> ...
>
> (4) In the event of a casual vacancy, as specified in rule 24, in any office
> referred to in sub-rule (1), the committee may appoint one of its members to
> the vacant office and the member appointed may continue in office up to and
> including the conclusion of the annual general meeting next following the
> date of the appointment."
>
>
> Could I ask whether the president, treasurer, and secretary each satisfied
> one of the four conditions required by section 24 for the offices to become
> vacant in the first place before the committee sought to appoint different
> members as president, treasurer, and secretary, and if so, which condition
> applied to each of John, Craig, and Graham?

I haven't looked into it, but as well as the 4 reasons below, which
/one/ office bearer must satisfy, there needs to be some "cascading"
rule where an office made vacant /by/ another casual vacancy being
filled can be filled by another office bearer.

And even if this scenario isn't directly catered for, you can have an
actual cycle in the changed positions by "instantaneously" cascaded
one of the two office bearers into the third actually vacated position
and then into the position they wanted to swap into as the other
member vacates their position to shift to the just vacated position.

I.e.

1. Charles stands down as Secretary (by giving written notice to
himself!), allowing the following to occur:
2. John becomes Secretary leaving President vacant;
3. Craig becomes President leaving Treasurer vacant;
4. John becomes Treasurer leaving Secretary vacant; and, finally,
5  Graham becomes Secretary leaving Vice President vacant.

> "24. Vacancies
>
> The office of an officer of the Association, or of an ordinary member of the
> committee, becomes vacant if the officer or member--
> (a) ceases to be a member of the Association; or(b) becomes an insolvent
> under administration within the meaning of the Corporations Law; or(c)
> resigns from office by notice in writing given to the Secretary.(d) fails to
> attend three consecutive scheduled committee meetings without leave."
>
> Regards
>
> Tony
>
>
>
> ___________________
> Tony Souter
> *Fixed-line phone: +612 42633401
> *Mobile: 0450 717627 (+61450 717627), but usually not switched on
> *Skype: tonysouter
> *Street address: 1/29 Tarrant Ave, Kiama Downs 2533, Australia

-- 
Regards,
Mark Hurd, B.Sc.(Ma.)(Hons.)

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