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Removal of officers

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I have read your previous posts on removal of officers without a hearing and the key words were OR and Until, but what about, Said trustees so elected shall serve AS SUCH, until their successors are duly elected and qualified. Is that the same thing as OR?

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I have read your previous posts on removal of officers without a hearing and the key words were OR and Until, but what about, Said trustees so elected shall serve AS SUCH, until their successors are duly elected and qualified. Is that the same thing as OR?

That's even better... if it doesn't give a specified amount of time. :)

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Two shall be elected for a period of three years, two shall be elected for a period of two years, and one shall be elected for a period of one year. Said trustees so elected shall serve as such until their successors are duly elected and qualified;

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Two shall be elected for a period of three years, two shall be elected for a period of two years, and one shall be elected for a period of one year. Said trustees so elected shall serve as such until their successors are duly elected and qualified;

I don't believe this is equivalent to the 'or until successors are elected' language, which would allow relatively easy removal of the officers as per RONR pp. 653-654.

The 'or until' phrase is basically a technical term, which has a uniquely specified meaning under RONR (moreover, it is a meaning different from what the phrase would mean in common speech). Thus, if your bylaws don't use the specific technical term, it is not at all clear that the same meaning is intended.

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I don't believe this is equivalent to the 'or until successors are elected' language, which would allow relatively easy removal of the officers as per RONR pp. 653-654.

It's up to the society to interpret their bylaws, of course, but this sounds a bit more like "and until" than "or until" to me.

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I have read your previous posts on removal of officers without a hearing and the key words were OR and Until, but what about, Said trustees so elected shall serve AS SUCH, until their successors are duly elected and qualified. Is that the same thing as OR?

Two shall be elected for a period of three years, two shall be elected for a period of two years, and one shall be elected for a period of one year. Said trustees so elected shall serve as such until their successors are duly elected and qualified;

It is ultimately up to the society to interpret its own Bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. I'm inclined to agree with Mr. Foulkes and Trina based solely on the information provided, but there may be some other clause in the Bylaws which would shed light on this question. When interpreting Bylaws, it is always crucial to read them in their entirety.

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