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Removing executive whistleblowers


Kim K.

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If this is the actual by-law, is there anyway to remove people from their executive positions without their knowledge of the procedure happening? 

Article IV-Officers and Elections

A.    The following elected officers shall serve a term of one-year, beginning July 1 through June 30.  They may be re-elected for a maximum of one consecutive additional term.  Elected officers must be a legal guardian of a student for the fiscal year in which they serve and may not be said school district's Central Office employees or administrators of said High School.

 

1.    President(s)

2.    Vice-President(s)

3.    Secretary

4.    Treasurer (may not be an employee of the district)

5.  Assistant Treasurer (may not be an employee of the district)

 

D.    Any elected officer may be removed from office by a recommendation of the Executive Board and simple majority vote by the voting members.

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So the meeting can be called without their knowledge?  I am not sure this could be accomplished with a vote by the voting members because we are speaking about parents, and a meeting of at least 45 out of the possible 600 that could attend.  But that definitely gives me food for thought.  Thank you very much for sharing your expertise! 

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7 minutes ago, Kim K. said:

So the meeting can be called without their knowledge?

No. For regular meetings (as opposed to special meetings), however, members only need to be informed of the time, place, and location of the meeting, not the business to be conducted. So an officer could theoretically be removed without their knowledge, if they fail to attend the board meeting and the subsequent membership meeting and no one tells them about the board's recommendation.

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20 hours ago, Kim K. said:

So the meeting can be called without their knowledge?  I am not sure this could be accomplished with a vote by the voting members because we are speaking about parents, and a meeting of at least 45 out of the possible 600 that could attend.  But that definitely gives me food for thought.  Thank you very much for sharing your expertise! 

Kim, I agree complete with the previous answers but want to make sure you understand the difference between regular meetings and special meetings, especially regarding notice.

Depending on your bylaws, rules and customs, notice may or may not  be required for REGULAR meetings of both the executive board and the general membership.  However, if notice of meetings is given, ALL members of the group that is to meet are entitled to receive the notice.  But, even if notice is given of a regular meeting of either the executive board or the general membership, only notice  of the time and place of the meeting need be given.  The business to be taken up does not have to be noticed unless you have a rule requiring it.  So, it is conceivable that if the officer in question happens to be absent from the executive board meeting at which the recommendation is made and also absent from the general membership meeting at which the actual vote to remove takes place, he (or she) could be removed without his knowledge.

However, if either of these actions is to take place at a special  meeting rather than a regular meeting, then ALL members of the body that is to meet, including this officer, must be given notice not only of the meeting but also of the business to be taken up.  Only the business listed in the call of the meeting can be taken up at a special meeting.  It would have to specifically state that it is to consider the removal from  office of the officer.

You have a customized rule in your bylaws regarding removal from office, so the somewhat more complex procedures in Chapter XX of RONR regarding  discipline and removal  from office would not apply.  Your own rules take precedence.

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Regardless, a regular meeting must be known to the Board member - either through specific notice (i.e. a letter or e-mail being sent out to all members of the Board) or through a By-law stating when regular meetings will be held (i.e. "The Board shall meet monthly on the third Tuesday of the month at 7 p.m. in Board Room.")  So you cannot hold a regular meeting without the board member knowing about it.  Of course, that does not necessarily mean that specific items must be disclosed in the notice - or sent out at all.

For special meetings, all board members must be informed and can only be called if the By-laws specifically allow for it.  And only issues specified in the call for the meeting can be discussed and/or vote upon.

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5 hours ago, Alexis Hunt said:

Personally I would recommend against surreptition in removing on officer, unless there are extremely compelling reasons otherwise.

Yes, I don't think anyone is recommending that the society attempt to remove an officer without their knowledge, even if this may be technically possible.

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