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Two Questions


DrPVSuglia

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1. Is there some sort of "emergency" ruling regarding the removal of a Board member based on criminal behavior, specifically harrassment or threatening other Board Members in which the police had to be summoned? It may be a very long time before we have another meeting with a quorum where we can have him voted out in accordance with our bylaws.

2. Is it truly verboten for a husband and wife to be members of the Executive Committee, and would the IRS frown on this when we submit our form 1023?

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1. Is there some sort of "emergency" ruling regarding the removal of a Board member based on criminal behavior, specifically harrassment or threatening other Board Members in which the police had to be summoned? It may be a very long time before we have another meeting with a quorum where we can have him voted out in accordance with our bylaws.

In all probability, no (pp. 642-3).

2. Is it truly verboten for a husband and wife to be members of the Executive Committee, and would the IRS frown on this when we submit our form 1023?

Nothing in RONR would prohibit it; as an attorney about the tax question.

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1. Is there some sort of "emergency" ruling regarding the removal of a Board member based on criminal behavior, specifically harrassment or threatening other Board Members in which the police had to be summoned? It may be a very long time before we have another meeting with a quorum where we can have him voted out in accordance with our bylaws.

No. The rules for removal of a board member are the same, no matter who had to be summoned.

2. Is it truly verboten for a husband and wife to be members of the Executive Committee,

No, it's truly not.

and would the IRS frown on this when we submit our form 1023?

That sounds like a question for the IRS.

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RONR it its final pages addresses either misconduct at meetings or misconduct based on hearsay of events outside of a meeting. It DOES NOT address direct harrassment and threats made toward board members outside of a meeting by an offending board member in which police action was needed, obviously not a hearsay situation. Because NEITHER of the situations that RONR describes applies to our situation, I feel that the appropriate action would be for our remaining board to simply remove the offender by vote and to amend the bylaws to ward off such offenses from happening in the future, such as performing criminal background checks on prospective board members. If we had done a criminal background check, we would have known that the offender was likely to create such a situation.

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:):)

RONR it its final pages addresses either misconduct at meetings or misconduct based on hearsay of events outside of a meeting. It DOES NOT address direct harrassment and threats made toward board members outside of a meeting by an offending board member in which police action was needed, obviously not a hearsay situation. Because NEITHER of the situations that RONR describes applies to our situation, I feel that the appropriate action would be for our remaining board to simply remove the offender by vote and to amend the bylaws to ward off such offenses from happening in the future, such as performing criminal background checks on prospective board members. If we had done a criminal background check, we would have known that the offender was likely to create such a situation.

RONR, in Chapter XX, addresses the proper method of dealing with offenses occurring in a meeting and the proper method of dealing with offenses occurring elsewhere than in a meeting. The latter obviously covers "direct harrassment (sic) and threats made toward board members outside of a meeting by an offending board member" (regardless of whether or not police action was needed).

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RONR it its final pages addresses either misconduct at meetings or misconduct based on hearsay of events outside of a meeting. It DOES NOT address direct harrassment and threats made toward board members outside of a meeting by an offending board member in which police action was needed, obviously not a hearsay situation. Because NEITHER of the situations that RONR describes applies to our situation, I feel that the appropriate action would be for our remaining board to simply remove the offender by vote and to amend the bylaws to ward off such offenses from happening in the future, such as performing criminal background checks on prospective board members. If we had done a criminal background check, we would have known that the offender was likely to create such a situation.

Emphasis added.

I thing it does when covering offenses outside of a meeting.

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Key board is bad. It should be "ask" an attorney.

If that were the case, you would have typed, "ey board." :)

I did, but this time I caught it.

J.J., From now on, your task assignment is to post answers without using the letter "k", so that this doesn't happen anymore. :)

Hardly any questions involve Take from the Table anyway, right? ...

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