Guest CTC-PA Posted June 22, 2011 at 08:28 PM Report Share Posted June 22, 2011 at 08:28 PM A board member recieved the following email regarding their position in a non profit organization. This is the only information contain in the email. There was a special meeting in which this board member was in attendance (only because it was originally a regular meeting). The board member left prior to the discussion of this suspension due to another commitment. The circumstances of the suspension were not provided to the board member either in the meeting or any other correspondance. Also this was not done in the presence of the entire executive board per the bylaws. Does the board member have to abide by this request? Good Evening, This e-mail is to inform you _______ that you have been suspended indefinitely from the executive board, committees, and or any affiliation with the _____________effective immediately as of June 21, 2011 at 7:50pm. By vote of the majority of the board of the ________________________. All items that belong to the ___________must be surrendered. It is necessary that these items be returned within 48 hours of this request other wise criminal charges can and shall be filed. Thank you in advance for your cooperation in this matter. Link to comment Share on other sites More sharing options...
Robert B Fish Posted June 22, 2011 at 08:33 PM Report Share Posted June 22, 2011 at 08:33 PM Unless your bylaws provide for the Board to suspend a board member, the action is null and void as it exceeds the authority of the Board as defined in your bylaws.-Bob Link to comment Share on other sites More sharing options...
Guest CTC-PA Posted June 22, 2011 at 08:41 PM Report Share Posted June 22, 2011 at 08:41 PM This is the language in our bylawsArticle IV Section 7 states – Board members and coaches may be suspended at any time during their term when and if their actions are deemed detrimental to the Association in any capacity – This decision shall be made after an immediate special meeting is called and a vote is held in the presence of the “ENTIRE” EXECUTIVE BOARD.” Link to comment Share on other sites More sharing options...
Sean Hunt Posted June 22, 2011 at 10:51 PM Report Share Posted June 22, 2011 at 10:51 PM If he was not present, then I would hardly say that the action was taken in front of the entire board, although this is strictly a matter of bylaw interpretation. Link to comment Share on other sites More sharing options...
Guest CTC-PA Posted June 22, 2011 at 11:01 PM Report Share Posted June 22, 2011 at 11:01 PM The person was not present at the time the issue was presented to the board. Is there a rule, motion or special order in RROR that would allow the person to challenge this decision?Also, if the person continues to do their duties, is there anything the board could do to stop them? Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 22, 2011 at 11:13 PM Report Share Posted June 22, 2011 at 11:13 PM Is there a rule, motion or special order in RROR that would allow the person to challenge this decision?Well since this person seems to have been tossed out of everything related to the organization he might not be able to get his foot in the door to do anything (parliamentary procedure-wise) so he would need to get a friend to raise the Point of Order that the suspension was improper (with some good citations as to why). Also, he could contact a lawyer to see if he has any legal options.Also, if the person continues to do their duties, is there anything the board could do to stop them?I am sure they will try but it really depends on what these duties are. I suppose the Board and/or organization could let anyone who this person works with know that he has been suspended and is not authorized to act in the behalf of the Board/organization. Also, if he holds onto organization property they probably could call the cops on him. Link to comment Share on other sites More sharing options...
Josh Martin Posted June 23, 2011 at 01:26 AM Report Share Posted June 23, 2011 at 01:26 AM For all following this, there is another relevant thread which goes into more detail on the continuing breaches - for instance, it appears a quorum was not present at the meeting in question, and there may be special meeting issues as well.Does the board member have to abide by this request? Well, technically, no. If the board is already threatening criminal charges, however, it might be better for the board member to just comply with the request for now and sort things out later, rather than get into a legal battle with the board.Is there a rule, motion or special order in RROR that would allow the person to challenge this decision?A Point of Order is the appropriate tool, although somebody else might have to make it.Also, if the person continues to do their duties, is there anything the board could do to stop them?Well, they have already threatened legal action against the member. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 23, 2011 at 06:53 AM Report Share Posted June 23, 2011 at 06:53 AM Do we know that what the e-mail said is true? Did the board really vote on this at all? -- notwithstanding, as Mr Martin admirably links, that the meeting's actions, without a quorum, are garbage?Where does the stuff about 48 hours and criminal charges come from? Link to comment Share on other sites More sharing options...
Guest CTC-PA Posted June 23, 2011 at 04:28 PM Report Share Posted June 23, 2011 at 04:28 PM Do we know that what the e-mail said is true? Did the board really vote on this at all? -- notwithstanding, as Mr Martin admirably links, that the meeting's actions, without a quorum, are garbage?Where does the stuff about 48 hours and criminal charges come from?The 48 hour notice and criminal charges were in the email sent to the individual by the President. I copied and paste the information regarding the email in the 1st post Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 23, 2011 at 06:18 PM Report Share Posted June 23, 2011 at 06:18 PM The 48 hour notice and criminal charges were in the email sent to the individual by the President. I copied and paste the information regarding the email in the 1st postYes, I saw that, but I meant, where did this come from? Did those four children, sitting in their sandpile and pretending that they were at a legitimate, quorate meeting, decide that they can tell the police that something sacred was violated, so the cops will rise indignantly and say, "That unspeakable Recording Secretary Person, having the effrontery to send out meeting notices, when that is clearly the job, the duty, the privilege, the very calling, of the Corresponding Secretary! Don't just arrest her, take bites out of her body parts! So say four members of the Board, not at a legitimate meeting, which is clearly good enough for us, because we, the police, have badges and guns, and these citizens are four board members who were not at a legitimate board meeting, which is good enough for us! You're under arrest, You Invalidly Suspended Recording Secretary, on the charge of sending out meeting notices!"(I think I got the point, finally, about the effort to substitute a special meeting for a regular meeting: the bylaws say suspending someone has to occur at a special meeting. Duhh. Idiotic rule, but there you are.)Josh: "it might be better for the board member to just comply with the request for now." I disagree. Giving in to bullying encourages bullying. Link to comment Share on other sites More sharing options...
Josh Martin Posted June 24, 2011 at 01:52 AM Report Share Posted June 24, 2011 at 01:52 AM Josh: "it might be better for the board member to just comply with the request for now." I disagree. Giving in to bullying encourages bullying.Well, I suppose I'll leave that to the board member's own judgment, based on his assessment on how serious the board is about a legal challenge and the current state of his pocketbook. Link to comment Share on other sites More sharing options...
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