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Removal from office


Harlow

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I believe our President or EC will attempt to remove our 1st VP at the next meeting using the EC power to remove under our by-laws. How can I postpone this removal? request an investigation? There is no formal grievance at this point. This is just a power play to keep out the 1st VP out of the elections so he can keep power

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Not on the EC, but am on the BD,

You'll have to examine your bylaws carefully to see if the EC's authority to remove an officer is exclusive (which seems doubtful presuming the officer wasn't elected by the EC in the first place). Keep in mind that the EC is usually subservient to the BD, just as the BD is subservient to the general membership. So if the BD tells the EC not to do something, it's likely the EC can't do it (even if the bylaws say they could).

See also Official Interpretations 2006-12 and 2006-13.

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EC can only remove when a violation of the bylaws has occurred (which I am unaware of) or COE (again no evidence) or no longer qualify for membership (which is not the case). Actions are being proceeded on by anonymous accusations and the EC will not answer the BD stating the EC was in closed session.

Do you have advice on how I can proceed?

Request he step out of his chair,

Request an investigation; can the BD or main assembly suspend all actions until an investigation?

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These are basically questions that have to be answered by your bylaws.

Your "removal" rules are, apparently, not what RONR presents as the "default" for associations that have no rules of their own. See RONR Chapter XX. Your rules, whatever they may be, supersede RONR's rules so you are on your own...

Sorry.

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EC can only remove when a violation of the bylaws has occurred (which I am unaware of) or COE (again no evidence) or no longer qualify for membership (which is not the case). Actions are being proceeded on by anonymous accusations and the EC will not answer the BD stating the EC was in closed session.

...

The superior body (the board) can order the executive committee to read the minutes of the closed (EC) session to the board. See this recent thread for more comments:

Well then, if Guest Edgar is right (post 4), then can the BD authoritatively tell its subordinate EC to just keep its damn hands the hell offa the VP?

I think so, depending on the exact language in the bylaws, as Edgar (post 4) pointed out.
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