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What motion do i really need?


Guest FARMERSDAUGHTER

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Guest FARMERSDAUGHTER

As i try to prepare for an upcoming meeting , i am confused about the motion needed to remove an officer. Is it a "I rise to a question of privilege affecting the membership"? Than after being recognized by chairman, " I move to have the current secretary removed from office" ? Do i need to state the reason in my motion or should that wait for the second and start of discussion. As i read pg 228 /7 do i need to have this motion in writing to be safe?

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But Chris - I think what Guest_Farmer'sDaughter is really asking here is whether she needs to rise to a Question of Privilege (which p. 653 l. 35 - p. 654 l.1 says this is) first, or can she just make the motion to remove the Secretary (during New Business, I assume) by itself. FAQ 20 doesn't really address that point.

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Guest_Farmer'sDaughter, you should take a read of Section 19, particular the first two paragraphs.

Next, turn to page 653 in your 11th Edition of RONR. Then, just to be safe and sure, you should check your bylaws to see if there is anything in there on the removal of officers. Note line 23: "Except as the bylaws may provide otherwise....." So, if your bylaws cover the procedure or removal of officer, you'll need to follow them.

Next, check for the bylaws section on term of office. Then continue reading page 653 and over to page 654 to see what your bylaws say. Is it "for X years or until their successors are elected", or possibly "for X years and until their successors are elected", or even simply "for X years?" If it's not the first one (the "or" option), and your bylaws don't cover removal from office, you'll need to go through disciplinary procedures and a trial.

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I understand that FAQ #20 is not going to directly answer her question but how she phrases the motion depends on what (if anything) the bylaws say regarding removing officers. If the bylaws specify a removal procedure they should give her a clue on how the motion would need to be worded. If a Chapter XX trial is necessary the (probably) proper way would be to move to establish an investigating committee who would prefer the charges if warranted. If the election can be "Rescinded" then the wording would be to move to remove the Secretary from office. Probably any of these would happen during New Business unless the conduct of the Secretary made it more appropriate elsewhere in the Order of Business.

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Guest farmersdaughter

By-laws only has section of what to do if someone steps down.

Does not have anything on impreachments.

Does address two yr terms.

11th edition of RONR does seem to have alot more for smaller bodys then usual.

Thanks , I am not sure now what I was looking at that guided me to Question of Privilege in the first place.

Sorry really new at attempting to guide members in the right direction when taking the floor at membership meetings.

In the past the meetings have been out of control and no one know what happened or who said or motioned what.

So needless to say the board always claimed when their backs were against the wall that the membership approved it.

i believe pg 650 may have me on the right track !

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Does address two yr terms.

What do you mean by this? Do the bylaws say officers serve "two years or until their successors are elected?" Or is it just "two years?"

Thanks , I am not sure now what I was looking at that guided me to Question of Privilege in the first place.

I would have guessed page 651 right at the bottom leading over to page 652.

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Guest farmersdaughter

Sorry officers are elected for a two yr term.

Yep that is were it was at....dam your good!!!!!

Thanks a whole lot... until my next question arise..

i am the youngest of the membership and for some reason

everyone is counting on me to make things right... dont

know if i can carry this load, but willing to try...

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Guest FARMERSDAUGHTER

To ask for her resignation , that would start with a ,"Question of Privilege"? if i can get her to admit that she needs to step down , nothing else would need to take place , as long as the currrent board accepts her resignation right? BOY I FEEL THE WATER HEATING UP ON ME!!!

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You would not need to make a Point of Privilege normally in order to remove someone from office unless the By-laws specifically state so.

Well, I think what you mean to say is that it is generally not necessary to Rise to a Question of Privilege for this purpose.

To ask for her resignation , that would start with a ,"Question of Privilege"?

I wouldn't worry about "questions of privilege" for now. While a motion relating to the conduct of an officer is a question of privilege of the assembly, this distinction is not particularly important in this instance. You are likely looking at the section on the privileged motion to Raise a Question of Privilege, which is used to bring some urgent question before the assembly while other business is pending. In the case of discipline of officers, you would generally make the motion when no question is pending. In such a case, the question of privilege is introduced the same as any other main motion and the device of raising a question of privilege does not enter into it. (RONR, 11th ed., pg. 224, lines 8-25; pg. 227, lines 19-20)

As for asking the officer to resign, it would be best to do this privately, and she can then submit her resignation orally at the meeting or submit it in writing to the Secretary. The primary reason for asking her to resign before making a formal motion to remove her would be to allow her to save face. (RONR, 11th ed., pg. 656, lines 7-12) If you make this request publicly, you've taken away the main reason for her to resign gracefully. If at all possible, it would generally be preferable to do this in advance of the meeting to allow her time to think about it rather than forcing her to make a decision on the spot.

if i can get her to admit that she needs to step down , nothing else would need to take place , as long as the currrent board accepts her resignation right?

Yes, provided the board is the body authorized to fill vacancies.

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