Can The Membership Overturn A Board Decision?

[Guest Guest_Hicks]

The board of directors passed a motion to fire one of our employees.  Can the membership at the Annual General Meeting pass a motion to rescind the board's decision and reinstate the employee?

 

How should the motion read and would it need a 2/3 majority vote or a reglar majority?

 

 

[Josh Martin]

The board of directors passed a motion to fire one of our employees.  Can the membership at the Annual General Meeting pass a motion to rescind the board's decision and reinstate the employee?

 

A motion can't be rescinded when the action has already been completed, so no, this motion cannot be rescinded. You can't undo the fact that this employee was fired.

 

Unless the society's rules grant the board exclusive authority in this area, however, it is in order for the membership to adopt a motion hiring the employee.

 

How should the motion read and would it need a 2/3 majority vote or a reglar majority?

 

In this particular case, I think a majority would be sufficient. As noted, Rescind is not applicable here. The motion to hire the employee is a new motion.

 

For future reference, however, a motion to Rescind requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

 

Since your question is regarding employees, it may also be prudent to look into whether there are any legal issues involved.

[Tim Wynn]

The board of directors passed a motion to fire one of our employees.  Can the membership at the Annual General Meeting pass a motion to rescind the board's decision and reinstate the employee?

 

How should the motion read and would it need a 2/3 majority vote or a reglar majority?

If the employee was originally hired by the assembly of the general membership, the board might not have had the authority to fire this individual.  In that case, he wasn't fired.

 

On the other hand, if we accept that this person was fired, and if the assembly chooses to rehire him, as suggested by Mr. Martin, the board cannot take any action that alters or conflicts with that decision, such as . . .  firing this person again (unless, of course, the bylaws give the board such authority in this matter).  See RONR (11th ed.), p. 483, ll. 9-13.