meeting by phone calls

[Guest guest]

Can an executive board hold a vote meeting by phone ,-( not a conference call) to remove an other executive board member? The executive board member in question was not included in the  discussion or call is this legal?

[Richard Brown]

Not unless it's authorized in the bylaws.  In addition, in most cases, any member or officer accused of wrongdoing is entitled to notice and an opportunity to defend himself at a hearing.  The procedures for removing an officer can be rather complex.  It is all covered in Chapter XX ofRONR.

 

See also Frequently Asked Question No. 20:  http://www.robertsrules.com/faq.html#20

[Gary Novosielski]

Can an executive board hold a vote meeting by phone ,-( not a conference call) to remove an other executive board member? The executive board member in question was not included in the  discussion or call is this legal?

 

Almost certainly not.

[Guest Guest]

Thank you, by-laws simply state the executive board by majority vote may request the resignation, or may terminate the membership of any member, For any act which is deemed by the executive board to be inconsistent with, or harmful to, the accomplishments of the purposes and objectives of the Organization, or which it deems would interfere with the accomplishments of said purposes and objectives. Termination would be confirmed by written certified letter.

I don't believe a disagreement at a meeting fall into any of these categories.

One of the executive board members got up, left the meeting and stated she is finished and verbally resigned at the meeting , yet that person was able to vote at this telephone meeting. Please give me some feed back as to how this should be handled.

[jstackpo]

And if your bylaws really just say "request the resignation" you, the Board, obviously cannot "terminate" him/her at all.

[Edgar Guest]

And if your bylaws really just say "request the resignation" you, the Board, obviously cannot "terminate" him/her at all.

 

What about the "or may terminate the membership of any member" part?

 

It may refer only to membership in the society, not the board, but it's also likely that one must be a member of the society in order to serve on the board.

[Josh Martin]

Thank you, by-laws simply state the executive board by majority vote may request the resignation, or may terminate the membership of any member, For any act which is deemed by the executive board to be inconsistent with, or harmful to, the accomplishments of the purposes and objectives of the Organization, or which it deems would interfere with the accomplishments of said purposes and objectives. Termination would be confirmed by written certified letter.

I don't believe a disagreement at a meeting fall into any of these categories.

One of the executive board members got up, left the meeting and stated she is finished and verbally resigned at the meeting , yet that person was able to vote at this telephone meeting. Please give me some feed back as to how this should be handled.

 

Even assuming the board has the authority to remove a member from the board (which is not entirely clear), the action was still invalid for two reasons. The board cannot hold telephone meetings unless authorized by the bylaws, and the board may not hold a meeting without notifying all of its members.