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Chairman Removing an Approved Appointment Without Vote


bylawsgeek

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Case: An appointed member of a committee, per bylaws, is appointed by the Chair.  The Chair obtains board approval, which is not required per bylaws.  The chair becomes dissatisfied personally with the appointment and unilaterally dismisses the committee member.  There is no bylaw that addresses the removal of this specific type of committee member.  Additionally, the Parent organization's bylaws state that this type of committee members "serves at the pleasure of the membership".  The membership is happy with this individual.  

 

Q1: Can the Chair remove this person unilaterally given that they obtained Board approval though it was not required, or must the removal be approved by the Board since the Board approved it in the first place, though it was not required?

Q2: Can the Chair remove the person unilaterally though there is no bylaws regarding the removal of this type of committee member or must the removal follow the standard removal procedure in RONR? 

 

Your assistance is appreciated!

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This would be an easy referral to p. 177 which notes that the power to appoint includes the power to remove and replace (the fact that the Board was invited to approve the original appointment is of no consequence since the bylaws, you say, gives the full appointment power to the president)...

 

except...

 

for the phrase you quoted from your parent organization's bylaws : "serves at the pleasure of the membership".  

 

You will have to look at those parent bylaws and see if that phrase applies to the committees of the parent organization only, or whether it applies to the "child" organization's committees as well.  Obviously we can't answer that question here.

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