Sharman Lawrence Posted August 29, 2012 at 08:59 AM Report Share Posted August 29, 2012 at 08:59 AM In the case where there is a overt and direct conflict of interest ( a suit generated by the President), what is the legal process for removing or requesting the resignation of this individual? Furthermore, suppose the individual refuses to resign? Current bylaws do not address this issue. Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 29, 2012 at 09:39 AM Report Share Posted August 29, 2012 at 09:39 AM In the case where there is a overt and direct conflict of interest ( a suit generated by the President), what is the legal process for removing or requesting the resignation of this individual? Furthermore, suppose the individual refuses to resign? Current bylaws do not address this issue.You may want to begin by looking at FAQ #20. Link to comment Share on other sites More sharing options...
Rev Ed Posted August 29, 2012 at 03:28 PM Report Share Posted August 29, 2012 at 03:28 PM Also, it might be premature to remove the President if he/she has a legal claim. I would ask the President to step aside when the Board deals with the lawsuit or that might lead to a reason for removing the President. Link to comment Share on other sites More sharing options...
Sharman Lawrence Posted August 29, 2012 at 05:31 PM Author Report Share Posted August 29, 2012 at 05:31 PM Also, it might be premature to remove the President if he/she has a legal claim. I would ask the President to step aside when the Board deals with the lawsuit or that might lead to a reason for removing the President.Thank you Link to comment Share on other sites More sharing options...
Rev Ed Posted August 29, 2012 at 06:12 PM Report Share Posted August 29, 2012 at 06:12 PM Well there is a saying the press will use about lawsuits prior to a decision being made - "Nothing has been proven in court". As such this lawsuit might be totally legit, and the President is acting as an individual and not as President. As long as the President can keep the two issues separate (which means not having anything to do with the Board/organization's position in the lawsuit) there shouldn't be an issue.While I do understand that it appears that it might be better for the President to step down until the issue is resolved, as long as he/she is not hindering the Board's ability to defend itself (and the organization) or is otherwise using his/her position as an advantage in the lawsuit, removing the President may only make the issue worse. Link to comment Share on other sites More sharing options...
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