Removal from Office but not Board

[Guest Rodger]

It is set out in our bylaws that the membership elects the Board, but the Board elects the Officers. That being the case, if the Board wishes to remove a Board member from an Officer position, but not remove from the Board, can that be done by a vote of the Board?

[Dan Honemann]

Yes. Since the board elected him to this office, the board can remove him from it.

[jstackpo]

Only if the bylaws give that removal power to the Board. See p. 574 & 653.

 

Edit to follow up from Dan  --  he is right of course, but the ease of removal, or the difficulty involved, will depend on what you find in the bylaws relative to those referenced pages.  A mere "vote to remove" may not be sufficient

[Guest Rodger]

I took a look at pages 574 & 653, and am still not sure, I could reason different ways.  That's why I'm not an expert and and asking here.

 

In one section of our bylaws where it states the terms for ALL Board members (directors & officers), it reads: "....shall be elected for three year terms and shall serve until their successors are elected or a vacancy is created."  (this wording varies from the example in RRONR)

 

Another section of our bylaws pertaining to conducting elections reads: The term for election to an Officer position is one year.  Officers may be re-elected to the same position without limit, however the Officer positions are subject to change at each annual organizational special Board meeting.

 

Just a reminder, I'm only asking about removing from the Officer position, not from the Board.

[Josh Martin]

I took a look at pages 574 & 653, and am still not sure, I could reason different ways.  That's why I'm not an expert and and asking here.

 

In one section of our bylaws where it states the terms for ALL Board members (directors & officers), it reads: "....shall be elected for three year terms and shall serve until their successors are elected or a vacancy is created."  (this wording varies from the example in RRONR)

 

Another section of our bylaws pertaining to conducting elections reads: The term for election to an Officer position is one year.  Officers may be re-elected to the same position without limit, however the Officer positions are subject to change at each annual organizational special Board meeting.

 

Just a reminder, I'm only asking about removing from the Officer position, not from the Board.

 

Based on these facts, and assuming there is nothing else in your bylaws on this subject, it would seem that the board may remove an officer from office (but not from the board), but formal disciplinary procedures will be required to do so. See FAQ #20. It seems that the first paragraph is applicable to this situation.