Guest sunshine** Posted January 14, 2012 at 09:02 PM Report Share Posted January 14, 2012 at 09:02 PM We are a not for profit club. President resigned hours before a scheduled hearing of charges against them.The VP has now taken complete control over club communication by moderating some of the board members and the secretary from posting messages, is also putting out on membership site executive session material, put out message to general membership that a special board meeting was cx'd when it wasn't, refuses to give anyone the password to our message site, and in general spreading untruths to the general membership in order to cause dissension and animosity among the membership. Our By-Laws have no provision for us to handle this type of situation. Before everything gets even more out of control,what can the Board do? Link to comment Share on other sites More sharing options...
jstackpo Posted January 14, 2012 at 09:36 PM Report Share Posted January 14, 2012 at 09:36 PM Be sure he doesn't have access to the checking account. Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 14, 2012 at 09:41 PM Report Share Posted January 14, 2012 at 09:41 PM Well, the first thing is that the President's resignation isn't final until the body which is authorized to accept it has done so (RONR pp. 289-291). So unless the bylaws specifically make the resignation final upon submission by him or her the President is still the President. Second, the VP only has the authority that the bylaws give him or her so unless the bylaws bestow the power to change passcodes and moderate/ban members from the message boards that power doesn't exist. Parliamentary procedure-wise the only things that can be done is the know that the President's resignation isn't final (unless the bylaws say otherwise) and the VP doesn't have the authority to do what he or she has been doing (unless the bylaws grant that authority) and take whatever steps to discipline the VP. That being said I realize that it isn't likely that the VP is going to stop doing what he or she is doing just because you say that he or she can't so you all will probably have to wrest control of the message board from the VP somehow or set up a new message board with someone else running the show (or several someone elses to prevent this from happening again). Meanwhile take what the VP says with a mountain (not just a grain) of salt. Link to comment Share on other sites More sharing options...
Guest Edgar Posted January 14, 2012 at 09:45 PM Report Share Posted January 14, 2012 at 09:45 PM President resigned hours before a scheduled hearing of charges against them.A resignation is a request to be excused from a duty and, although you can't force a person to work, one of the few reasons not to accept a resignation is so that the officer will still be subject to disciplinary procedures. It might just be a formality but, down the road, it may be significant that this president was removed from office rather than having merely resigned.So, as Mr. H. said, the president is still the president. Link to comment Share on other sites More sharing options...
Guest Sunshine Posted January 14, 2012 at 10:10 PM Report Share Posted January 14, 2012 at 10:10 PM Our By-laws do not cover this type of "take-over" action.Can the Board vote to suspend VP, since it seems like a coup is forming. Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 14, 2012 at 10:22 PM Report Share Posted January 14, 2012 at 10:22 PM Only the body which the bylaws authorize to impose disciplinary action can suspend the VP (and if they are silent on the issue only the General Membership has disciplinary authority). However, you have bigger problems if the VP has control over the message board because he or she could refuse to allow any messages to go through and the members wouldn't know what is going on. I would suggest that an officer that people trust start up a new message board and then the Secretary or whoever has the member's contact info let everyone know about the new message board and that it will the the official message board. That way information can be disseminated without the VP's improper control over it. Link to comment Share on other sites More sharing options...
Weldon Merritt Posted January 15, 2012 at 01:54 AM Report Share Posted January 15, 2012 at 01:54 AM I agree with what has been said so far, except to add that if the bylaws happen to say that a resignation is effective upon receiot (i.e., no formal acceptance required; unlikely but I have seen some that do), then the erstwhile VP actually is the President now. But more than likely that will not make any difference in the advice that has been given, as even the president does not have the power to do all of these things unless the bylaws say so. Link to comment Share on other sites More sharing options...
Rev Ed Posted January 15, 2012 at 06:41 PM Report Share Posted January 15, 2012 at 06:41 PM And I would suggest reading Chapter XX of RONR and/or the By-laws disciplinary procedure. Link to comment Share on other sites More sharing options...
g40 Posted January 15, 2012 at 08:16 PM Report Share Posted January 15, 2012 at 08:16 PM As best I understand your situation, this is (probably) no longer the Vice-President doping these things - it is the President (the Vice President became the President (if you do not have bylaws provisions to the contrary. Would you also object if the previous President had done these same things? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 17, 2012 at 04:56 AM Report Share Posted January 17, 2012 at 04:56 AM As best I understand your situation, this is (probably) no longer the Vice-President doping these things - it is the President (the Vice President became the President (if you do not have bylaws provisions to the contrary.Based on what? I don't see anything to suggest that the President's resignation has been accepted (and I see a reason that it might not be accepted). Link to comment Share on other sites More sharing options...
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