SchoolBoardSec Posted November 18, 2011 at 08:14 PM Report Share Posted November 18, 2011 at 08:14 PM Our 7 member school board is very contentious. There is a desire to remove the president from office. Our board policy manual is silent on the removal of an officer. State school code "appears" to also be silent on the issue. Our Board is ruled by Robert's when these others are silent. I have already looked at FAQ 20. In the end, the final question will be the number of votes necessary to "convict" at a trial. If it is 2/3, in our case 5 votes, that will not happen with this Board. A majority of 4 votes is a real possibility. A 2/3 requirement would dictate that other means be used. Is 2/3 the magic number ?Forgot to mention....wording of policy is..."elected for a 2 year term". Link to comment Share on other sites More sharing options...
Trina Posted November 18, 2011 at 08:38 PM Report Share Posted November 18, 2011 at 08:38 PM Is your school board an elected (by the public) body?Are you simply trying to remove the member from the presidency (still leaving him/her a member of the board), or are you trying to kick the person off the school board entirely? I sort of assume the former, but want to be sure of your question. Link to comment Share on other sites More sharing options...
SchoolBoardSec Posted November 19, 2011 at 02:19 PM Author Report Share Posted November 19, 2011 at 02:19 PM Yes we are elected by the public which is where the election laws ie. School Code comes in as well as Board Policy. Both documents are explicit on the removal of a member from the Board. However, we are looking to remove her from the President chair which in reflection was a mistake to give her. The reasons are numerous and serious. It takes 2/3 (5 in our case) to remove from the Board, or a majority (4) to ask the Regional Superintendent to remove a member and that is basically for willful neglect etc. Since these mentioned documents are silent on removal of an officer, Robert's is used. Sorry for the long answer and thanks for any thoughts. Link to comment Share on other sites More sharing options...
Trina Posted November 19, 2011 at 03:10 PM Report Share Posted November 19, 2011 at 03:10 PM Just in case you haven't yet read FAQ #20, take a look at that.If the definition of the president's term of office includes the phrase 'or until a successor is elected' then the election can be rescinded -- by two-thirds vote OR by majority vote with previous notice OR by majority vote of the entire membership. It sounds as though you could attain the latter two vote margins. However, from your original post, it sounds as though the term of office language may not include those convenient words.If you can't rescind the election to office, then you are looking at formal disciplinary proceedings for removal (RONR Ch. XX, if your own rules do not define a removal process).Another thing to consider is the possibility of removing the president from the chair on a meeting-by-meeting basis. This can be done by a motion to suspend the rules (RONR 11th ed. p. 652 ll 3-15). Suspend the rules requires a two-thirds vote, which you say you are unlikely to get (for outright removal, anyway). However, even if you can't get two-thirds vote to remove the president from office entirely, perhaps her behavior is sufficiently annoying that a two-thirds vote to get her out of the chair at a particular meeting is attainable... It's a thought, anyway, and much simpler to do than going into formal disciplinary proceedings.Another action which can be taken -- with the majority vote you describe -- is to overrule the chair. If she does something improper, someone should raise a point of order. If the chair rules against the point of order, a member can appeal from the ruling of the chair. The appeal must be seconded. After debate (not all appeals are debatable, but that's a fine point you can figure out later), the assembly votes. Majority vote is sufficient to carry the appeal (i.e. a majority voting against the chair's ruling will overturn that ruling).If you have not already done so, please get a copy or RONR In Brief (see: the right book), which will give you a good overview of the rules. Link to comment Share on other sites More sharing options...
SchoolBoardSec Posted November 20, 2011 at 01:29 PM Author Report Share Posted November 20, 2011 at 01:29 PM thanks for the excellent answer, kind of what I had in mind regarding process, just wanted to double check the 2/3 issue. I like the idea of the point of order.....although in the past this person has entirely ignored a point of order being made.....yep crazy I know. I do have one book of Robert's, unfortunately it has given me just enough knowledge to be very dangerous but looks like the time to pull out the old credit card and make some purchases. Thanks again for the help. Link to comment Share on other sites More sharing options...
Trina Posted November 20, 2011 at 04:48 PM Report Share Posted November 20, 2011 at 04:48 PM thanks for the excellent answer, kind of what I had in mind regarding process, just wanted to double check the 2/3 issue. I like the idea of the point of order.....although in the past this person has entirely ignored a point of order being made.....yep crazy I know. I do have one book of Robert's, unfortunately it has given me just enough knowledge to be very dangerous but looks like the time to pull out the old credit card and make some purchases. Thanks again for the help.That implies that the other members of the assembly let her get away with it. As you (and your allies) will discover on reading the rules, a point of order is not the private domain of the chair, to dispose of however he/she wishes. The assembly has the authority to make the final decision. The presiding officer in a deliberative assembly should serve largely to facilitate the work of the assembly; she is not there to 'run the show.' Link to comment Share on other sites More sharing options...
Gary c Tesser Posted November 21, 2011 at 08:02 PM Report Share Posted November 21, 2011 at 08:02 PM ... just wanted to double check the 2/3 issue. ... So speaking of which, where do get this, Secretary? And why 5? And, 2/3 of what? I do have one book of Robert's, unfortunately it has given me just enough knowledge to be very dangerous but looks like the time to pull out the old credit card and make some purchases. Thanks again for the help.RONR, RONR - IB, some Jimmy Choo; what else do you need? Link to comment Share on other sites More sharing options...
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