Guest Barbara Loehnert Posted September 11, 2012 at 05:47 PM Report Share Posted September 11, 2012 at 05:47 PM I am a member of a 501c3 volunteer group that runs a thriftshop for charity-33 Board members total/9 Executive Board members. We have a board member that was about to be voted out at an Executive Board meeting (2/3) vote for "Just Cause"/Non-Performance of assigned Board position duties and at the very last miniute just before the Executive Board was to meet the particular Board member sent notivication that she requested a Medical Leave of Absence for approximately 9 months until Jan.2013.The majority of the Board do not believe that she is ill and just wants to come in and shop and play and not fulfill her responsibilities. In the meantime the Board member has been coming into work at least one day a month and the majority of the Board does not feel this is right as she had asked for a Medical Leave of Absence. Our By-Laws do not address this very well. This member is not well thought of and is the type of vendictive person that will only do what she wants to do in her time and in her way--not cooperative at all. Other than the 2/3 vote of the Executive Board, if I understand the rules-we may also address the entire board and take a majority vote. If this is correct or you could shed some other light on this for me I would appreciate your help. Thank you. Under our By-Laws: (Section 4.Resignation, Expulsion and Leave of Absence)Non-performance of assigned Board position dutues or no compliance of stated policies.A Board member may be removed for just cause by two-thirds vote of the Executive Board.One year is the maximum length of Medical Leave of Absence. (She asked for 9months) Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 11, 2012 at 06:12 PM Report Share Posted September 11, 2012 at 06:12 PM Your question concerns the organization's customized rules and not RONR. Whether the Board (assuming it is the correct body in the first place) can decline to grant this Board member a medical leave of absence and if so what vote is required is for you all to determine. Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 11, 2012 at 06:20 PM Report Share Posted September 11, 2012 at 06:20 PM Whether the Board (assuming it is the correct body in the first place) can decline to grant this Board member a medical leave of absence and if so what vote is required is for you all to determine.Not to mention whether granting a leave of absence precludes a member from being removed from office.9fcWHa Link to comment Share on other sites More sharing options...
Guest Barbara Loehnert Posted September 11, 2012 at 11:29 PM Report Share Posted September 11, 2012 at 11:29 PM The medical leave was granted in writing and good until Jan.1, 2013--however, the party insists on coming in to the shop and is not very ill, together with all the other nonsense she has pulled. According to our by-lawsThe Executive Board may by 2/3 vote remove her for "Just Cause" but our President feels that the entire 33 member Board of Directors should have input and be able to vote on this issue of removal. First question: May the entire board vote and take a majority yes or no? May that vote be a secret ballot? As I pointed out originally I quoted how our by-laws read in this area. Please help me a little more on this. Thank you.Barbara Loehnert Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 11, 2012 at 11:38 PM Report Share Posted September 11, 2012 at 11:38 PM According to our by-lawsThe Executive Board may by 2/3 vote remove her for "Just Cause" but our President feels that the entire 33 member Board of Directors should have input and be able to vote on this issue of removal.What your president "feels" is immaterial. Link to comment Share on other sites More sharing options...
Guest Barbara Loehnert Posted September 11, 2012 at 11:45 PM Report Share Posted September 11, 2012 at 11:45 PM Mr. Edgar, Isn't there a clause in RONR that states an entire board may vote on issues because you still have not given me a viable answer. I need some help here. Thank you very much. Barbara Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 11, 2012 at 11:55 PM Report Share Posted September 11, 2012 at 11:55 PM Isn't there a clause in RONR that states an entire board may vote on issues . . .Your board has only the authority that your bylaws give it. The same goes for your executive board. If your executive board (what RONR would call the "executive committee") has the authority to remove a board member then that's your rule. I see no reason why the board would be involved. There is no default authority that RONR gives to boards.But if that's not a "viable" enough answer, just stay tuned and others will surely be by with more input. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted September 12, 2012 at 04:42 AM Report Share Posted September 12, 2012 at 04:42 AM Couple thoughts.1. "If I understand the rules-we may also address the entire board and take a majority vote." (Post #1)Ms Loehnert, where do you get this from? Unless it's a bylaws-level, or superior, rule, then the bylaws control, and apparently your "Board member may be removed for just cause by two-thirds vote of the Executive Board." And no other way -- the main board is out of it (Edgar, post 8).I say "apparently" because interpreting bylaws requires reading them in their entirety, which I nor anyone else here on the Internet has done; but I hope you have, Ms Loehnert -- which makes you the expert on them as far as discussion here is concerned, not us.2. Our By-Laws do not address this very well.Granted ... but do the bylaws anywhere say, or imply, that someone who has been granted a leave of absence [Post #5] is thereby immune from being removed from the board? Guest Edgar made this point in post #3. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted September 12, 2012 at 04:43 AM Report Share Posted September 12, 2012 at 04:43 AM Great Steaming Cobnuts, I have botched format a little. Link to comment Share on other sites More sharing options...
Guest Barbara Loehnert Posted September 12, 2012 at 06:19 PM Report Share Posted September 12, 2012 at 06:19 PM Mr. Tesser,Nowhere in our by-laws are the Leave of Absence and removal from the board connected in any way. In our by-laws there is also a section on Executive Board that states "The Executive Board shall meet at the call of the President. Business may also be conducted by phone or e-mail." Would it be correct to take a 2/3rds vote by phone or e-mail to remove a Board Member? I think I need good advice. Thank you all that have tried to clarify these things for me. Also, I have a question for Mr.Edgar--what is 9fcWHa mean? Is this something I should be aware of.Thank you. Barbara Loehnert Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 12, 2012 at 06:33 PM Report Share Posted September 12, 2012 at 06:33 PM In our by-laws there is also a section on Executive Board that states "The Executive Board shall meet at the call of the President. Business may also be conducted by phone or e-mail." Would it be correct to take a 2/3rds vote by phone or e-mail to remove a Board Member?If the bylaws allow the Executive Board to conduct business via e-mail or phone then the EB can conduct business via e-mail or phone. However, check the bylaws to make sure that there is nothing there that would limit the EB's ability to remove a Board member by phone or e-mail.Also, I have a question for Mr.Edgar--what is 9fcWHa mean? Is this something I should be aware of.It is a code to find some bonus features for this forum (darned if I can find anywhere to plug in the code though! ). Just kidding. There is a code that guests have to type in before they can post to prevent bots from posting SPAM here. Although he has been a regular poster for years now he refuses to become a member and for whatever reason is (I think) putting the code at the end of his posts. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 12, 2012 at 06:44 PM Report Share Posted September 12, 2012 at 06:44 PM I am a member of a 501c3 volunteer group that runs a thriftshop for charity-33 Board members total/9 Executive Board members. We have a board member that was about to be voted out at an Executive Board meeting (2/3) vote for "Just Cause"/Non-Performance of assigned Board position duties and at the very last miniute just before the Executive Board was to meet the particular Board member sent notivication that she requested a Medical Leave of Absence for approximately 9 months until Jan.2013.The majority of the Board do not believe that she is ill and just wants to come in and shop and play and not fulfill her responsibilities. In the meantime the Board member has been coming into work at least one day a month and the majority of the Board does not feel this is right as she had asked for a Medical Leave of Absence. Our By-Laws do not address this very well. This member is not well thought of and is the type of vendictive person that will only do what she wants to do in her time and in her way--not cooperative at all. Other than the 2/3 vote of the Executive Board, if I understand the rules-we may also address the entire board and take a majority vote. If this is correct or you could shed some other light on this for me I would appreciate your help. Thank you. Under our By-Laws: (Section 4.Resignation, Expulsion and Leave of Absence)Non-performance of assigned Board position dutues or no compliance of stated policies.A Board member may be removed for just cause by two-thirds vote of the Executive Board.One year is the maximum length of Medical Leave of Absence. (She asked for 9months)Are you asking if RONR allows for a board to remove an officer from office by majority vote, despite what the bylaws say? It doesn't. Link to comment Share on other sites More sharing options...
sMargaret Posted September 12, 2012 at 07:23 PM Report Share Posted September 12, 2012 at 07:23 PM Mr. Tesser,Nowhere in our by-laws are the Leave of Absence and removal from the board connected in any way.You may then wish to refer to your bylaws , under the leave of absence section, and see if being on a leave of absence precludes being removed for just cause.Do you believe you don't have the votes on the Executive Board to remove this member?Also, a bit confused - do you not have general members? Is everybody a board member? Link to comment Share on other sites More sharing options...
Guest Barbara Loehnert Posted September 12, 2012 at 07:48 PM Report Share Posted September 12, 2012 at 07:48 PM sMargaret,I do believe that of the 9 member Executive Board that we have 6 for sure and possibly 8 that would vote to remove this board member. Our entire board is 33 members, 9 of which are on the EB. See my post to Mr. Tesser regarding the leave of absence. Thank you. Barbara Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 12, 2012 at 07:58 PM Report Share Posted September 12, 2012 at 07:58 PM Although he has been a regular poster for years now he refuses to become a member and for whatever reason is (I think) putting the code at the end of his posts.Actually, he (I) has (have) been a member since Day One (not the first Day One but the second Day One). But as long as our guests are forced to guess at that hideous CAPTCHA code I think it only fair that I do so too. I'm sure if the powers-that-be had to decipher it each time they posted it would have been changed to something more reasonable a long time ago.As for posting the code at the end of a reply, that's done intermittently and only when there a near 100% chance that I got it right (usually when there are two or more numerals in the code). It serves no useful purpose other than to remind me to keep refreshing the code until one appears that stands a chance of being figured out. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 12, 2012 at 09:50 PM Report Share Posted September 12, 2012 at 09:50 PM But as long as our guests are forced to guess at that hideous CAPTCHA code I think it only fair that I do so too. Do you have a second reason? I'm having trouble buying this one. Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 12, 2012 at 10:11 PM Report Share Posted September 12, 2012 at 10:11 PM Do you have a second reason? I'm having trouble buying this one.Since you asked, and since I seem to be in a confessional mood at the moment, I have to admit that it's become something of an obsessive/compulsive disorder.Can ya buy that one?qnPaUA Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 12, 2012 at 10:16 PM Report Share Posted September 12, 2012 at 10:16 PM Since you asked, and since I seem to be in a confessional mood at the moment, I have to admit that it's become something of an obsessive/compulsive disorder.Can ya buy that one?qnPaUALock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel.Lock, stock, and barrel. Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 12, 2012 at 10:42 PM Report Share Posted September 12, 2012 at 10:42 PM Since you asked, and since I seem to be in a confessional mood at the moment, I have to admit that it's become something of an obsessive/compulsive disorder.Can ya buy that one?qnPaUAI have CDO. It's the same thing as obsessive compulsive disorder, except the letters are in alphabetical order, as they should be. Link to comment Share on other sites More sharing options...
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