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Power granted by specific bylaw


Guest Alan Jennings

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The bylaws are not silent on the removal of officers or board members. The provisions are shown below.

The question is whether, under Robert, the board has any duty or obligation to provide an officer or a board member any kind of due process other than the right to vote and speak against a resolution judging the officer or board member incompetent or grossly neglectful, thereby removing the member from office.

Article IV - Officers

SECTION 7: REMOVAL FROM OFFICE

Any Officer judged by the Executive Board to be incompetent or grossly neglectful of his/her duties may be removed by a two-third (2/3) vote of the Executive Board

Article VI - Board

SECTION 3: REMOVAL FROM OFFICE Any Board member judged by the Executive Board to be incompetent or grossly neglectful of his/her duties may be removed by a two-third (2/3) vote of the Executive Board. Any Board member with three (3) unexcused absences from Executive Board meetings shall automatically be removed from the Board

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I agree with Chris and David.

But further, if I understand this correctly, the bylaws' provisions *do* provide due process, in that the procedure the bylaws prescribe is, by definition, due process as it exists in the context of this organization. But I think the accused's rights go a little beyond voting and speaking: as the removal is a main motion, it is subject to all the machinations to which main motions are subject. (I'm not sure if removal from office is an original or incidental main motion: that is, whether Objection to Consideration could be used. But if Objection to Consideration might conceivably pass, it wouldn't be needed.)

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