Guest Two Thirds Confused Posted July 9, 2011 at 05:25 PM Report Share Posted July 9, 2011 at 05:25 PM At a special meeting of our Board of Directors we voted to remove a board member by the two thirds required in our by laws. Now there is serious talk of the possibility of rescinding that vote. Is a similar two-thirds of all the board members required to rescind the prior vote, or can this be done with a majority after previous notice is given? Is this even a possible case of a motion where reconsideration is prohibited or limited? Thanks in advance. Link to comment Share on other sites More sharing options...
Rob Elsman Posted July 9, 2011 at 05:35 PM Report Share Posted July 9, 2011 at 05:35 PM At a special meeting of our Board of Directors we voted to remove a board member by the two thirds required in our by laws. Now there is serious talk of the possibility of rescinding that vote. Is a similar two-thirds of all the board members required to rescind the prior vote, or can this be done with a majority after previous notice is given? Is this even a possible case of a motion where reconsideration is prohibited or limited? Thanks in advance.As far as the rules in RONR are concerned, the motion to expel the member from the board cannot be rescinded, RONR (10th ed.), p. 298, ll. 1-8. Link to comment Share on other sites More sharing options...
Weldon Merritt Posted July 9, 2011 at 05:47 PM Report Share Posted July 9, 2011 at 05:47 PM As far as the rules in RONR are concerned, the motion to expel the member from the board cannot be rescinded, RONR (10th ed.), p. 298, ll. 1-8.That is true only if "the person was present, or has been officially notified of the action." (lL. 3-4.) The OP does not say if the member was present or has been notified. Link to comment Share on other sites More sharing options...
Guest Two Thirds Confused Posted July 9, 2011 at 05:57 PM Report Share Posted July 9, 2011 at 05:57 PM The expelled member was not present at the meeting in which the motion passed. This is part of the reason why we now want to reconsider the motion, so that he can lay out his case. Link to comment Share on other sites More sharing options...
Rob Elsman Posted July 9, 2011 at 06:14 PM Report Share Posted July 9, 2011 at 06:14 PM The expelled member was not present at the meeting in which the motion passed. This is part of the reason why we now want to reconsider the motion, so that he can lay out his case.I've got a better idea. The action taken by the board was in such gross violation of the due process rights of the defendant that I think the society should expel the guilty members from the board for misconduct. Link to comment Share on other sites More sharing options...
Guest Two Thirds Confused Posted July 9, 2011 at 06:27 PM Report Share Posted July 9, 2011 at 06:27 PM Let me try to give a little more info. The reason for the meeting was not unknown to the member and he did have opportunity to respond before hand. Of course that was not during the meeting. The information presented - even if one-sided on the surface - was enough to arrive at the two thirds vote to remove him. So my question then goes back to my original post. Under RONR should the board be able to rescind the prior vote with a simple majority with previous notice? Link to comment Share on other sites More sharing options...
Rob Elsman Posted July 9, 2011 at 06:36 PM Report Share Posted July 9, 2011 at 06:36 PM Let me try to give a little more info. The reason for the meeting was not unknown to the member and he did have opportunity to respond before hand. Of course that was not during the meeting. The information presented - even if one-sided on the surface - was enough to arrive at the two thirds vote to remove him. So my question then goes back to my original post. Under RONR should the board be able to rescind the prior vote with a simple majority with previous notice?Do what you like. I'm more interested in seeing that the board members involved in this sorry business are expelled. Link to comment Share on other sites More sharing options...
Dan Honemann Posted July 9, 2011 at 07:15 PM Report Share Posted July 9, 2011 at 07:15 PM I've got a better idea. The action taken by the board was in such gross violation of the due process rights of the defendant that I think the society should expel the guilty members from the board for misconduct.I see no justification whatsoever for this response. Link to comment Share on other sites More sharing options...
Dan Honemann Posted July 9, 2011 at 07:16 PM Report Share Posted July 9, 2011 at 07:16 PM Do what you like. I'm more interested in seeing that the board members involved in this sorry business are expelled.Nor is there any justification whatsoever for this response. Link to comment Share on other sites More sharing options...
Guest Two Thirds Confused Posted July 9, 2011 at 07:28 PM Report Share Posted July 9, 2011 at 07:28 PM Do what you like. I'm more interested in seeing that the board members involved in this sorry business are expelled.Our by laws fully allow removal for cause or without cause. Maybe you would care to explain how due process applies here. I just don't see how you can assume that it is relevant, especially when you don't appear to have enough information to make such a judgment. I'm just seeking advice for a procedural way to revisit the issue I first brought up. Link to comment Share on other sites More sharing options...
Chris Harrison Posted July 9, 2011 at 08:03 PM Report Share Posted July 9, 2011 at 08:03 PM I'm just seeking advice for a procedural way to revisit the issue I first brought up.If the Board member has not been officially notified of his removal from the Board the vote of removal can be Rescinded. If he has been officially notified then it is too late to undo what was done. Your only option at that point is to put him back on the Board (using whatever vacancy filling provision the bylaws spell out) and then give him a chance to defend himself before deciding whether to remove him again. Link to comment Share on other sites More sharing options...
Rob Elsman Posted July 9, 2011 at 08:08 PM Report Share Posted July 9, 2011 at 08:08 PM If the Board member has not been officially notified of his removal from the Board the vote of removal can be Rescinded. If he has been officially notified then it is too late to undo what was done. Your only option at that point is to put him back on the Board (using whatever vacancy filling provision the bylaws spell out) and then give him a chance to defend himself before deciding whether to remove him again.You are assuming the member was called to this "special meeting" and allowed to attend. I have my doubts. Link to comment Share on other sites More sharing options...
Chris Harrison Posted July 9, 2011 at 09:03 PM Report Share Posted July 9, 2011 at 09:03 PM You are assuming the member was called to this "special meeting" and allowed to attend. I have my doubts.Ah, I see where you are going with the due process issue now. I agree that unless the bylaws expressly suspend some or all of the rights of membership when someone is facing disciplinary action that they would have a right to attend the meeting, speak in debate on it, and vote on the question and if the member is deprived of a right that has not been suspended the whole affair is null and void (RONR p. 244[e]). Of course, all of those rights (except as related to the trial-which I assume would include being able to attend and be heard) are suspended when a Chapter XX trial is held but since there are customized rules involved what Chapter XX might not apply and it will be up to the organization to determine what rights of the accused are retained and which are suspended. Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted July 10, 2011 at 05:21 AM Report Share Posted July 10, 2011 at 05:21 AM [snip]How come these aren't muddy waters? Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 10, 2011 at 11:10 AM Report Share Posted July 10, 2011 at 11:10 AM [snip]How come these aren't muddy waters?Ha ha ha haha haha. Oh, Nan..... Link to comment Share on other sites More sharing options...
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