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Discipline Meeting


Guest Linda

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Our organization wants to remove a director and needs some clarification. We state in our bylaws that a director serves for a term of one year and we have nothing that states 'or until the officer's successoris elected'.We do however have the following statement in our bylaws: the expulsion of an officer may be enacted for sufficient cause, after investigation, by a 2/3 vote of the Board of Directors at a meeting called to consider the question, Our question is: do we need to go through a formal trial ?

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Our organization wants to remove a director and needs some clarification. We state in our bylaws that a director serves for a term of one year and we have nothing that states 'or until the officer's successoris elected'.We do however have the following statement in our bylaws: the expulsion of an officer may be enacted for sufficient cause, after investigation, by a 2/3 vote of the Board of Directors at a meeting called to consider the question, Our question is: do we need to go through a formal trial ?

Your bylaw says "after investigation." RONR won't stand in the way of what is dictated by the bylaws. Whether or not the bylaws require a trial is for your organization to decide.

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It is certainly true that its bylaws are for the organization to interpret. However, I'd point out that other than requiring a 2/3 vote for removal, as opposed to RONR's majority, everything cited here from the bylaws would mesh quite well with the RONR Chapter 20 investigation and trial procedures. Indeed, the reference to "cause" and "investigation" almost sounds as though the bylaw drafters had been looking at RONR. Moreover, the bylaws -- at least to the extent paraphrased in the question -- do not set out any detailed procedure (e.g., for "investigation") differing from the procedure in RONR. Assuming that RONR is the organization's adopted parliamentary authority, it seems a good case could be made out that the RONR Chapter 20 investigation and trial procedures ought to be followed, with the sole exception that removal from the Board would require a 2/3 vote.

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Assuming that RONR is the organization's adopted parliamentary authority, it seems a good case could be made out that the RONR Chapter 20 investigation and trial procedures ought to be followed, with the sole exception that removal from the Board would require a 2/3 vote.

It's usually about this time that the original poster pops back in with another excerpt from the bylaws that changes the game. :)

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