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Removal & re-election?

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If a board director (lead position) is voted into that position and by virtue of his/her position as director then sits on a higher entity's board can the higher entity's board remove him/her from the elected board director position? If so, can the membership vote her back into as director?

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If a board director (lead position) is voted into that position and by virtue of his/her position as director then sits on a higher entity's board can the higher entity's board remove him/her from the elected board director position?

 

A Board of Directors can only remove one of its members if the By-laws (or higher authority like a statute) allow for the Board to do so.  Otherwise, the answer is no.

 

 

If so, can the membership vote her back into as director?

 

Yes, but only if the Board has the authority to remove the member in the first place.

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Just trying to make sure that I understand clearly so I will try to be more specific. This lead director position is over a specific geographic area (district) and the position is elected by the membership of that area. By virtue of this lead position they are a member of a state board. The state board has not elected this person, but they have removed them. The person removed and other members of the district board have not been told why the removal occured with the state board claiming confidentiality. It is the responsibility of the district board to elect a new lead director and as a district board they also would have the authority to remove this lead director however they were not the board that took that original action. So can the district board reelect the person the higher board removed without explanation?

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Just trying to make sure that I understand clearly so I will try to be more specific. This lead director position is over a specific geographic area (district) and the position is elected by the membership of that area. By virtue of this lead position they are a member of a state board. The state board has not elected this person, but they have removed them. The person removed and other members of the district board have not been told why the removal occured with the state board claiming confidentiality. It is the responsibility of the district board to elect a new lead director and as a district board they also would have the authority to remove this lead director however they were not the board that took that original action. So can the district board reelect the person the higher board removed without explanation?

 

No rule in RONR would prevent it.

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Just trying to make sure that I understand clearly so I will try to be more specific. This lead director position is over a specific geographic area (district) and the position is elected by the membership of that area. By virtue of this lead position they are a member of a state board. The state board has not elected this person, but they have removed them. The person removed and other members of the district board have not been told why the removal occured with the state board claiming confidentiality. It is the responsibility of the district board to elect a new lead director and as a district board they also would have the authority to remove this lead director however they were not the board that took that original action. So can the district board reelect the person the higher board removed without explanation?

 

The only way to remove an ex-officio member is to remove him from the postion he derives his ex-officio status from and, unless your bylaws provide otherwise, the only body that can do that is the body that elected the position in the first place.

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