Guest Karen Posted February 5, 2011 at 04:57 PM Report Share Posted February 5, 2011 at 04:57 PM I'm a Board Trustee member for a local public agency. Our Trustee by-laws state (The board shall act only by motion to the minutes or resolution). All resolutions shall be signed by all Trustees and indicated yes or no beside each signature. Recently our board voted on a signed statement, (not at a regular meeting) to place an employee on paid leave and do a investigation into the financial disposition of our organization. This was not done at a regular meeting or requested special or executive meeting. The statement was not signed by all the Trustees. Three out of our five Trustees signed, one was never given the opportunity, another Trustee gave a verbal agreement over the phone. Obviously, this wasn't done at a meeting. Is it legal? (2). The investigation was done by an outside person and one Trustee, but there was never a committee formed or approved by motion at a meeting which I understand has to be done to be legal. When I questioned the chair person on the signed statement he said it "wasn't a resolution and the investigation was done by a committee formed by himself." Was the investigation and committee legal? Thank you for your time!!!! Link to comment Share on other sites More sharing options...
Rob Elsman Posted February 5, 2011 at 04:59 PM Report Share Posted February 5, 2011 at 04:59 PM I'm a Board Trustee member for a local public agency. Our Trustee by-laws state (The board shall act only by motion to the minutes or resolution). All resolutions shall be signed by all Trustees and indicated yes or no beside each signature. Recently our board voted on a signed statement, (not at a regular meeting) to place an employee on paid leave and do a investigation into the financial disposition of our organization. This was not done at a regular meeting or requested special or executive meeting. The statement was not signed by all the Trustees. Three out of our five Trustees signed, one was never given the opportunity, another Trustee gave a verbal agreement over the phone. Obviously, this wasn't done at a meeting. Is it legal? (2). The investigation was done by an outside person and one Trustee, but there was never a committee formed or approved by motion at a meeting which I understand has to be done to be legal. When I questioned the chair person on the signed statement he said it "wasn't a resolution and the investigation was done by a committee formed by himself." Was the investigation and committee legal? Thank you for your time!!!!Ask a lawyer. Link to comment Share on other sites More sharing options...
hmtcastle Posted February 5, 2011 at 05:31 PM Report Share Posted February 5, 2011 at 05:31 PM Obviously, this wasn't done at a meeting. Is it legal? . . . Was the investigation and committee legal? Firstly, use of the word "legal" on this forum sends some people running for the hills (or suggesting you consult an attorney). So we'll assume you're asking if it's "in order"; that is, does it conform to your bylaws.Unfortunately, your bylaws can only be properly interpreted in their entirety, something that's beyond the scope of this forum. But, as far as RONR is concerned, all forms of absentee voting (e.g. by phone) are prohibited unless specifically authorized in your bylaws. Link to comment Share on other sites More sharing options...
Guest karen Posted February 5, 2011 at 05:58 PM Report Share Posted February 5, 2011 at 05:58 PM Firstly, use of the word "legal" on this forum sends some people running for the hills (or suggesting you consult an attorney). So we'll assume you're asking if it's "in order"; that is, does it conform to your bylaws.Unfortunately, your bylaws can only be properly interpreted in their entirety, something that's beyond the scope of this forum. But, as far as RONR is concerned, all forms of absentee voting (e.g. by phone) are prohibited unless specifically authorized in your bylaws.Thanks very much for your response. Link to comment Share on other sites More sharing options...
Guest karen Posted February 5, 2011 at 06:01 PM Report Share Posted February 5, 2011 at 06:01 PM Firstly, use of the word "legal" on this forum sends some people running for the hills (or suggesting you consult an attorney). So we'll assume you're asking if it's "in order"; that is, does it conform to your bylaws.Unfortunately, your bylaws can only be properly interpreted in their entirety, something that's beyond the scope of this forum. But, as far as RONR is concerned, all forms of absentee voting (e.g. by phone) are prohibited unless specifically authorized in your bylaws.Thanks very much for your response. Link to comment Share on other sites More sharing options...
Guest KLL Posted February 5, 2011 at 08:19 PM Report Share Posted February 5, 2011 at 08:19 PM How do we go about to correctly disolve an organization when we have very low participation. 2 yrs ago we listed a President, Vice-P, Sec/Trea, and 3 trustees. Over the past year only the Sec/Treas, President, Vice-P and 1 Trustee attended meetings and helped make decisions. A motion was made to separate the Sec.& tresurer jobs, so that elimiated all trustees. Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 5, 2011 at 08:23 PM Report Share Posted February 5, 2011 at 08:23 PM How do we go about to correctly disolve an organization when we have very low participation. 2 yrs ago we listed a President, Vice-P, Sec/Trea, and 3 trustees. Over the past year only the Sec/Treas, President, Vice-P and 1 Trustee attended meetings and helped make decisions. A motion was made to separate the Sec.& tresurer jobs, so that elimiated all trustees.KLL, please post your question as a new thread rather than tacking onto an unrelated one. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.