Removal of President

[Guest RcSec]

Member of a nonprofit booster organization of a school band.  Incoming President, as well as 3 other members, have been accused of consuming alcohol while chaperoning on an out of state trip.  This happened in April, prior to the election.  President at that time was notified but took no action.  Election was held and after two times of voting, because of a tie vote the first time, Incoming President was elected.  Current officers called a special executive session and basically held a trial, stating to the Incoming President that she was being accused, along with 3 others, of consuming alcohol while chaperoning.  She denied the accusations.  Nothing further was done at that meeting because it was never expected of her to deny it.  There were several witnesses to the incident.  Anyway, it has been proven, beyond a doubt, that alcohol was consumed.  Group of concerned parents went to incoming officers (with the exception of the Incoming President), and wanted a special meeting called to remove the Incoming President.  General membership ends 6/30.  Only 'members' currently are the elected officers.  New officers met and decided to notify Incoming President, along with 3 others, that there would be a special meeting in seven days, held in executive session because of the confidentiality of the matter.  Incoming President says she already answered this once, and refuses to have the meeting because she was not 'informed' as President.  New officers take office 7/1.  All current elected officers are in agreement that we need to keep this confidential, and she, at the very least, needs stripped of her Presidency and can hold in name only (no vote, no check writing authority, etc.).  However, it was also decided to completely remove her if she does not appear at the meeting.

Our bylaws allow for a special meeting to be called by 5 members not elected as officers.  This was followed.  Our bylaws call for a 2/3 vote of the membership to remove an officer.  However, because we have not had our first official general meeting, we actually have no members (become members by paying $3 yearly dues).  And, because of the nature, we don't want to bring it to the general membership. 

How do we proceed with removal?  The books/accounts/etc. have not been turned over to her.  Our past president currently holds all of that.  Need to mention, the Incoming President was the past Treasurer, so she holds the accounts, checkbook, etc.  That has also not been turned over to the new treasurer.

She will not resign.  Help!!!!

[Kim Goldsworthy]

>> Our bylaws allow for a special meeting
to be called by 5 members not elected as
officers.  This was followed.<<

Okay.

>>Our bylaws call for a 2/3 vote of the
membership to remove an officer. <<

Okay.

I don’t see a problem, yet.
Your 5 officers, I assume, are ALL MEMBERS OF THE ORGANIZATION.
Right?
So, you have at least 5 general members, who happen to wear two hats (i.e., they are also officers).
Being an officer does not deprive one of membership within the organization.

So, when “the general membership” meets, the meeting will be comprised of 5 people, all officers.
Nothing wrong with that.

You need a 2/3 vote of that set of 5, assuming all 5 vote.
(Abstentions will affect the vote threshold.)
If this comes to be, then you need (5 x .66 = ) 4 affirmative votes to remove the officer
(3.33 is a fraction; since people don’t come in fractional sizes, the integer which meets or exceeds 3.33 is 4.)

-Kim Goldsworthy
 

[Timothy]

If you have no members, I don't see that you have a way to remove officers. The officers you have are no more members than anyone else. Once you have members, then you can follow whatever your bylaws say about the members removing officers. While you may have a desire to keep the general membership from knowing about what happened, your bylaws will determine whether that is possible or not. 

[Gary Novosielski]

If your bylaws say that only the membership can remove an officer, and you don't want to take it to the membership, that's just too bad.  Maybe the membership should be thinking about getting rid of officers who don't want to obey the bylaws. 

 

To my mind, that's a far more serious offense than having a beer.

[Guest rcSec]

Gary:  The point isn't that we don't want to take it to the membership.  We were trying to avoid embarrassment and keep it confidential.  Plus, we are in a situation where we have no membership currently.  We fully want to obey the bylaws...hence my post here.  And it was more than just having that drink...they were in charge and responsible for children while consuming the alcohol.

Timothy and Kim:  Thanks for your input.  At this point, if we decide to pursue it, our only option is taking it to the membership, regardless of the embarrassment.