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Disciplined Board Member


Guest Brian W

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A past club president was disciplined for supposed ethical impropriaties concerning election ballots. The past board disciplined him with a temporary suspension, removal from office, and declared him ineligible to hold any future office. Rumors are surfacing that he will be nominated for election to the board of directors. Does the current board have the authority to overturn the past boards decision? Can the general assembly?

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A past club president was disciplined for supposed ethical impropriaties concerning election ballots. The past board disciplined him with a temporary suspension, removal from office, and declared him ineligible to hold any future office. Rumors are surfacing that he will be nominated for election to the board of directors. Does the current board have the authority to overturn the past boards decision? Can the general assembly?

The Board of Directors does not have the authority to discipline its own members unless it is specifically authorized to do so by the Bylaws, so it is quite possible the disciplinary actions are null and void to begin with. If your board does have the authority to discipline its members, then the board would have the authority to rescind the suspension. The removal from office is moot at this point. The motion to declare an individual ineligible for future office may be null and void, but if it is valid, the board could certainly rescind it. As to whether the general membership could rescind the actions, see Official Interpretation 2006-13.

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