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Re: Expulsions/Resignations?


Guest Beth

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Our bylaws read: "Removal/expulsion for misconduct or neglect of duty: Any member of the Executive Board may be expelled from office for misconduct or neglect of duty by a two-thirds majority vote of the Executive Board."

Question: Why should the vote only allow for the Executive Board? What happens if there are multiple parties/officers who the general membership feels are either neglectful or guilty of misconduct?

Can you please provide alternate way that this should read to allow for the general membership to call for a resignation or expulsion?

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Our bylaws read: "Removal/expulsion for misconduct or neglect of duty: Any member of the Executive Board may be expelled from office for misconduct or neglect of duty by a two-thirds majority vote of the Executive Board."

Question: Why should the vote only allow for the Executive Board? What happens if there are multiple parties/officers who the general membership feels are either neglectful or guilty of misconduct?

If the general members don't like what the bylaws say, they're (presumably) free to amend (change) them. They're not carved in stone.

Can you please provide alternate way that this should read to allow for the general membership to call for a resignation or expulsion?

Sure. Make a motion amend the bylaws by striking "Executive Board" and inserting "general membership", as follows:

"Any member of the Executive Board may be expelled from office for misconduct or neglect of duty by a two-thirds majority vote of the Executive Board general membership."

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Sure. Make a motion [to] amend the bylaws by striking "Executive Board" and inserting "general membership", as follows:

"Any member of the Executive Board may be expelled from office for misconduct or neglect of duty by a two-thirds majority vote of the Executive Board general membership."

Well, Edgar, it's not quite that simple, is it now?

Guest_Beth - The bylaws can only be amended by following the procedure set forth in the bylaws for amending. If no such article/section exists, see RONR (11th Ed.) p. 580 ll. 25 - p. 581 l. 7 for details on how they can be amended.

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Edited to add "Guest_Beth - "

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The bylaws as written give the board a power to remove someone from the board for cause (misconduct or neglect of duty) by a 2/3 vote. This is a power that the board would not have in the absence of such a bylaw .

IMO giving the board the power to remove members of the board does not take away from the general membership its power to remove them.

​Also the amendments being suggested would not only take away the board's power to act it would limit the power of the general membership if the bylaws say that members of the board serve OR until their successors are elected.

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