Lori Lukinuk Posted May 2, 2011 at 04:20 PM Report Share Posted May 2, 2011 at 04:20 PM I've advised a board to wait until I hear an answer back on this question before they proceed. Can a board use the motion to rescind to replace a chair that they no longer like? The chair is elected each December and the board would now like to rescind that vote and elect a new chair. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 2, 2011 at 05:39 PM Report Share Posted May 2, 2011 at 05:39 PM Can a board use the motion to rescind to replace a chair that they no longer like? The chair is elected each December and the board would now like to rescind that vote and elect a new chair.If the Bylaws are silent on this topic, the board may rescind an election only for misconduct or neglect of duty in office. Furthermore, the election could only be rescinded if the position was originally elected by the board and if the Bylaws include the "or until their successors are elected" clause in the term of office or include other language suggesting that the election may be rescinded. If that language is not included, a formal trial is required to remove an officer. See FAQ #20 and Ch. XX of RONR for more information.If the Bylaws include a customized procedure for removing the chair, the organization must follow those rules. Link to comment Share on other sites More sharing options...
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