Guest Dontknowtherulez Posted November 22, 2016 at 12:33 AM Report Share Posted November 22, 2016 at 12:33 AM A 5 member school board generally follows Robert's Rules (the bylaws are woefully inadequate and make no mention of resignations). One member had a recall election pending, and on the last day possible, he tendered his resignation to the Superintendent and the Election Officer. This was good enough for the Election Officer, who cancelled the election. But the school requires his resignation to be accepted by the school board. The semi-recalled board member convinced 2 other members to follow him out the door (turning resignation letters in to the Superintendent, but refusing to attend a meeting), leaving only 2 members who cannot make a quorum. If the member had been forcibly removed from his position, would it still need to be accepted by the board? Because his resignation was tendered to the Election Officer, does that change anything? Could his spot be appointed outside of session by the Board President due to his removal? Is there anything that can be done in this situation? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 22, 2016 at 01:10 AM Report Share Posted November 22, 2016 at 01:10 AM 40 minutes ago, Guest Dontknowtherulez said: If the member had been forcibly removed from his position, would it still need to be accepted by the board? No. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 22, 2016 at 01:12 AM Report Share Posted November 22, 2016 at 01:12 AM 41 minutes ago, Guest Dontknowtherulez said: Because his resignation was tendered to the Election Officer, does that change anything? Is the Election Officer involved with accepting a resignation? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 22, 2016 at 01:13 AM Report Share Posted November 22, 2016 at 01:13 AM 43 minutes ago, Guest Dontknowtherulez said: Could his spot be appointed outside of session by the Board President due to his removal? Only if your rules allow that. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 22, 2016 at 01:17 AM Report Share Posted November 22, 2016 at 01:17 AM 44 minutes ago, Guest Dontknowtherulez said: Is there anything that can be done in this situation? Replace the board members with ones who will attend the meetings. Quote Link to comment Share on other sites More sharing options...
Rev Ed Posted November 22, 2016 at 01:45 AM Report Share Posted November 22, 2016 at 01:45 AM 1 hour ago, Guest Dontknowtherulez said: If the member had been forcibly removed from his position, would it still need to be accepted by the board? If the Board has the power to remove a Board member then the Board would accept the forced removal as they approved it. If another group is responsible for removing a Board member, then the Board is not involved and it does not have to accept the removal per RONR - although they have to accept it in the sense that there is nothing they can do to stop it. Quote Because his resignation was tendered to the Election Officer, does that change anything? The Board can refuse the resignation in order to require a decision on the removal of a director. Although, as some may say "The only honourable thing to do is to resign" would perhaps be the best option - less messier. Quote Could his spot be appointed outside of session by the Board President due to his removal? Only if the President has the power to do so - and that power must be found in the By-laws. Quote Is there anything that can be done in this situation? Replace the Board members. However, if quorum does not exist, then you have an issue. And I will allow someone with more knowledge to let you deal with this issue. However, double check the By-laws to see exactly what quorum is - sometimes quorum is the majority of remaining members can vote on appointing new members. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 23, 2016 at 08:35 PM Report Share Posted November 23, 2016 at 08:35 PM What type of school and school board is this? Is it a public school board? A private school? How are are the members of the board elected? Who elects them and who would be voting in a recall election? The public, the parents of the children, or some other group of people? Who is this "election officer" and what are his duties? If this is a public school board, it is very likely subject to state open meetings laws and other procedures that would trump any contrary provisions in RONR. I'm assuming this is a private school, but you haven't said so explicitly. Even if it is a private school such as a "Charter School", it might be subject to special state laws and procedures. You said "the school" requires that a resignation be accepted by the board. That is indeed the rule in RONR, but what, if anything, do your bylaws say about resignations? Oops, never mind. I see you said that your bylaws are silent about resignations. In that case, what is "the school" relying on when "it" says the resignation must be accepted by the board? As I said above, that is the rule in RONR, but you speak as if this school has a "rule" of its own about resignations. What rule does it have other than the general rule in RONR? You need to study your bylaws (and possibly applicable state law) carefully for the exact wording of your quorum provisions and vacancy filling provisions. If your school is incorporated, state corporation law law might contain some applicable provisions re resignations, inability to obtain a quorum, etc. For example, state law my state that a resignation is effective upon receipt. Your situation is such that you might consider consulting with both an attorney and a professional parliamentarian. Quote Link to comment Share on other sites More sharing options...
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