Anthony

The Chair chooses committee chairs and he chose his brother-in-law to be Membership Committee Chair. So his brother-in-law is not going to give us an "affirmative recommendation for removal". Doesn't the sentence "nonbinding recommendation of action to the Board" and "following an affirmative recommendation for removal" contradict each other? In a separate incident, the Chair made a motion to remove a board member and at that same meeting had the Membership Chair read a statement that was previously prepared recommending removing that Board member. The Chair then called for a vote and the Board voted against removing this member. It doesn't stop there. One week after the Executive Board voted to keep this member the Chair sent out a email stating that he removed this person per our bylaws that state: the Executive Committee consisting of Chair, Vice Chair and Secretary shall have the authority to act on behalf of the Board in matters which preclude the Board from direct involvement due to matters of confidentiality or expediency but shall be accountable to the Board for its actions. Claiming in the name of expediency but refuses to identify the need for expediency and refuses to hold a general meeting. The bylaws do not define expediency. Any suggestions?

So we wish to remove this Chair from the Board as well. It appears our bylaws are vague on how to remove a chair. Presumably, we should follow the same procedure as removing a member as listed below. Roberts Rules seem to state the same thing only RR requires "a majority vote when notice is given''. "Careful thought should be given to whether, given the circumstances of the particular organization, it is preferable (1) to permit removal of officers only for cause, through disciplinary proceedings that may involve a formal trial, or (2) instead to permit their removal at the pleasure of the membership by a two-thirds vote, a majority vote when previous notice has been given, or a vote of a majority of the entire membership—any one of which will suffice (see 62:16). Section 7 Removal of a Membership Regular members may be removed from the Board for cause. However before this vote may be taken, the following action shall occur: 1). A motion to remove a regular member for cause shall be made by an elected Officer (this would lead me to believe section 7 is referring to Board members and therefore does not apply to the Chair). 2). following support for that motion, the matter of removal shall be transmitted to the Membership Committee for further review: 3) The Membership Committee shall evaluate whether the regular members action or actions amount to cause for removal and issue their official, nonbinding recommendation of action to the Board: and 4). following an affirmative recommendation for removal, the Board may vote to remove said regular member by a two-thirds roll call vote at any scheduled meeting of the Board) whereby a quorum is present. We plan to send out a request for a special meeting via email which is allowed by our bylaws: Article IV, Section 2: "Special Meetings may be called at the written request of more than half of the Board. In the event a special meeting is called, notice shall be given out 5 days prior to the scheduled meeting and the purpose or purposes of that meeting shall be clearly stated". Ideally, we receive the necessary votes and we clearly state the reasons to remove the Chair. Who holds the meeting if the Chair is unwilling to participate? Once we make the motion to remove the Chair and it is seconded, it then goes to the Membership Committee for further review. The problem with that is the membership Chair is related to the Chair. Can we state a conflict of interest and have someone else temporarily Chair that committee? Regardless of the findings of the Membership Committee we can proceed to a vote of which two-thirds is required to remove the Chair. Would the membership committee report their findings to the Board at another meeting? I know, we have a mess.

I thought I would start a new thread. I'm confused on your answer to Rob G. We want to remove our chair. Our bylaws state: each elected officer by the Board shall assume the duties of their office at the conclusion of the December meeting, and shall serve for a term of two years at which point his or her successor will assume the duties of said office. Does that mean we can remove him with a 2/3 vote or a majority vote if given notice? Our bylaws do not address how to remove the Chair, Vice Chair, Secretary or Treasurer. So would it default to the same way you would remove a regular board member? Section 2 Determination of Officers The newly elected Board shall organize for the coming year by electing the Chair, Vice Chair, Treasurer and Secretary from members of the Board. Each Officer elected by the Board shall assume the duties of their office at the conclusion of this December meeting, and shall serve for a term of two years at which point his or her successor will assume the duties of said office. Section 7 Removal of a Membership Regular members may be removed from the Board for cause. However before this vote may be taken, the following action shall occur: 1). A motion to remove a regular member for cause shall be made by an elected Officer (this would lead me to believe section 7 is referring to Board members and therefore does not apply to the Chair). 2). following support for that motion, the matter of removal shall be transmitted to the Membership Committee for further review: 3) The Membership Committee shall evaluate whether the regular members action or actions amount to cause for removal and issue their official, nonbinding recommendation of action to the Board: and 4). following an affirmative recommendation for removal, the Board may vote to remove said regular member by a two-thirds roll call vote at any scheduled meeting of the Board) whereby a quorum is present. We are calling for a special meeting to discuss removing the Chair. By giving that 14 day notice, does that mean we only need a majority vote versus 2/3? Thank you! Defining membership per bylaws. Section 1 Membership The Board shall consist of Regular Members, Nominee Members and Honorary Members. Section 2 Regular Members Regular members of the Board shall be those persons elected as members of the Board by duly elected precinct delegates at the first convention following the November election. a.) Eligibility: Any person seeking election as a regular member shall complete an application to the board prior to his/her name being place into consideration b). Rights and Privileges: Regular members shall have the right to vote on all matters that come before the Board, except as otherwise provided in these bylaws. c). Vacancy: Should a vacancy occur in the position of a regular member of the Board, the remaining members entitled to vote thereon may fill that vacancy by a simple majority vote at any subsequent regular meeting of the Board so long as a quorum is present and advance notice of such intent is provided by the Chair of the Board. Section 3: Nominee Members Nominee members of the Board shall be those persons most recently nominated by the Party and state legislative office at the preceding primary election. Nominee Members shall have the right to vote on all matters that come before the Board and shall be sent notice of meetings in the same manner as the Board. Elected officials who reside in the County shall automatically be "Honorary Members" of the Board. Additionally, the Board may, from time to time, vote to confer Honorary Member status upon a private citizen whose distinction in service to the Party, community, or country merited such status. The Board may revoke honorary memberships by a majority vote at any regular meeting where a quorum is present. The Board may also confer a special "Emeritus Member: distinction for honorary members with particular longevity of service. Rights and Privileges: Honorary Member shall have all the privileges of regular members, except the right to vote, and shall be exempt from payment of dues. Emeritus Members shall have the same Rights and Privileges as Honorary Members. I apologize, the previous response was meant to be a rough draft however I evidently sent it? We would like to remove the Chair from the Board also.

I thought I would start a new thread. 'm confused on your answer to Rob G. We want to remove our chair. Our bylaws state: each elected officer by the Board shall assume the duties of their office at the conclusion of the December meeting, and shall serve for a term of two years at which point his or her successor will assume the duties of said office. Does that mean we can remove him with a 2/3 vote or a majority vote if given notice? Our bylaws do not address how to remove the Chair, Vice Chair, Secretary or Treasurer. So would it default to the same way you would remove a regular board member? Section 2 Determination of Officers The newly elected Board shall organize for the coming year by electing the Chair, Vice Chair, Treasurer and Secretary from members of the Board. Each Officer elected by the Board shall assume the duties of their office at the conclusion of this December meeting, and shall serve for a term of two years at which point his or her successor will assume the duties of said office. Section 7 Removal of a Membership Regular members may be removed from the Board for cause. However before this vote may be taken, the following action shall occur: 1). A motion to remove a regular member for cause shall be made by an elected Officer (this would lead me to believe section 7 is referring to Board members and therefore does not apply to the Chair). 2). following support for that motion, the matter of removal shall be transmitted to the Membership Committee for further review: 3) The Membership Committee shall evaluate whether the regular members action or actions amount to cause for removal and issue their official, nonbinding recommendation of action to the Board: and 4). following an affirmative recommendation for removal, the Board may vote to remove said regular member by a two-thirds roll call vote at any scheduled meeting of the Board) whereby a quorum is present. We are calling for a special meeting to discuss removing the Chair. By giving that 14 day notice, does that mean we only need a majority vote versus 2/3? Thank you!

As far as voting for the removal of the Chair can it be a paper ballot? Is that something I ask for when making the motion for removal?

I'm confused on your answer to Rob G. We want to remove our chair. Our bylaws state: each elected officer by the Board shall assume the duties of their office at the conclusion of the December meeting, and shall serve for a term of two years at which point his or her successor will assume the duties of said office. Does that mean we can remove him with a 2/3 vote or a majority vote if given notice? Our bylaws do not address how to remove the Chair, Vice Chair, Secretary or Treasurer. So would it default to the same way you would remove a regular board member? Section 2 Determination of Officers The newly elected Board shall organize for the coming year by electing the Chair, Vice Chair, Treasurer and Secretary from members of the Board. Each Officer elected by the Board shall assume the duties of their office at the conclusion of this December meeting, and shall serve for a term of two years at which point his or her successor will assume the duties of said office. Section 7 Removal of a Membership Regular members may be removed from the Board for cause. However before this vote may be taken, the following action shall occur: 1). A motion to remove a regular member for cause shall be made by an elected Officer (this would lead me to believe section 7 is referring to Board members and therefore does not apply to the Chair). 2). following support for that motion, the matter of removal shall be transmitted to the Membership Committee for further review: 3) The Membership Committee shall evaluate whether the regular members action or actions amount to cause for removal and issue their official, nonbinding recommendation of action to the Board: and 4). following an affirmative recommendation for removal, the Board may vote to remove said regular member by a two-thirds roll call vote at any scheduled meeting of the Board) whereby a quorum is present. We are calling for a special meeting to discuss removing the Chair. By giving that 14 day notice, does that mean we only need a majority vote versus 2/3? Thank you!

Thanks for your advise. Your statement makes sense: When a resignation has been rescineded, it cannot then be accepted, because one cannot accept what is no longer on offer. So the claim to have accepted it now is simply incorrect. However our Chair continues to site RR and states the 3 are no longer voting members per RR sited below: None of the accepted resignations have been previously properly withdrawn. The official interpretations of Robert’s Rules of Order states a resignation “may be withdrawn in the same manner as any motion may be withdrawn”. RR 33:12 and RR 33:13 describe the process for a member to withdraw a motion. None of the accepted resignations have been previously property withdrawn in accordance with RR 33;12 He also claims he removed the 3 in the name expediency but then refuses to have a meeting for 3 months. Our bylaws state a meeting can be called by the Chair as he deems necessary. Under Meetings in our bylaws it states: Special Meetings may be called by the Chair, the Vice Chair acting in the absence of the Chair, or by the Secretary at the written request of more than one half of the Board. I interpret that to mean the Secretary must call a meeting if we get one half of the board to agree? (I have attached our 7 page bylaws for you to reference). I can not interpret how the bylaws address voting via email. They read that a meeting can be remote for extenuating circumstances but does not speak to an email vote. However the Chair must think it does as he sent out this email when asking to remove the 3 members. Acceptance of Resignation of XXX * Indicates required question Email * Justification: The following action is being taken under XXX Bylaws: Article IV, Section 6 : Action without a meeting. Robert's Rules authorizes the executive committee to accept resignations in view of bylaws Article III, Section 4. The chair moves that the executive committee take action on the request to be excused from duty. I accept xxx resignation from the office of XXX Executive Board, effective immediately. * This is just a small sample of how this Chair has gone rouge. He also has fired 8 committee chairs and leaders because they question his decisions. We are a small group so that is a big percentage of our board (22 not counting elected officials). I would like to send out an email requesting a vote for a special meeting at which time we would make a motion to have the Chair removed. Your thoughts? Thanks again for your help.