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Removal of board member


RWS2190

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Our By-Laws state that in order to remove a board member it takes a 3/4 vote of all remaining board members there are currently 13 members. The member that is being removed does not have a vote, the board President did not vote since there was no tie since it requires 3/4 vote of 11 members. My calculations is that 7 members is 3/4 of 11 am I correct in this.

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First, 3/4 of 11 is not 7, it is 8.25. (Think "at least" 3/4, which makes it 9)

Second, your bylaw requires a 3/4 vote of all remaining board members, regardless (apparently) of whether they vote or not. You have 13, and if you don't count the board member being removed, that makes 12. 3/4 of 12 is 9 again.

But they're your organization's bylaws, so it's up to the membership to interpret them. See pages 570-573 (RONR 10th Ed.) for some guidelines.

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My calculations is that 7 members is 3/4 of 11 am I correct in this.

Nope. Your math is a bit off.

Our By-Laws state that in order to remove a board member it takes a 3/4 vote of all remaining board members there are currently 13 members. The member that is being removed does not have a vote, the board President did not vote since there was no tie since it requires 3/4 vote of 11 members.

The accused may not have a vote but if the President is a Board member he would need to be figured into the math meaning it would be 3/4 out of 12 Board members (unless your bylaws say otherwise).

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The accused may not have a vote but if the President is a Board member he would need to be figured into the math meaning it would be 3/4 out of 12 Board members (unless your bylaws say otherwise).

Well, as Mr. Foulkes pointed out, 3/4 of 11 or 12 works out to 9 members.

The problem would be, for instance, if the Bylaws do not actually state that the accused does not get a vote - this would not be automatic, in my opinion, since the board seems to be using a customized procedure rather than the rules of RONR. If the accused gets a vote, then the math would be 3/4 of 13 members, which would work out to 10 members.

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