Ex-officio members

[Guest Mary Ann Shipley]

In our bylaws it states in section 5.01 Purposes and Number: The affairs of the Association shall be governed by a Board of Directors consisting of seven (7) members of the Association.  In addition, the past presidents of the Association shall serve as ex-officio members of the Board of Directors.  These ex-officio members shall have no voting rights in matters concerning the Association.

 

Question:  Does an ex-officio member have the right to come to the monthly meetings if the standing board does not want them there? 

 

Question:  How can we get rid of a past president?

 

Section 5.04 Removal from office.  Any director of the Association may be removed from office by an affirmative vote of six (6) directors or by a two-thirds (2/3) vote of the general membership.

 

Question:  Can a past president be voted out?

[Richard Brown]

In our bylaws it states in section 5.01 Purposes and Number: The affairs of the Association shall be governed by a Board of Directors consisting of seven (7) members of the Association.  In addition, the past presidents of the Association shall serve as ex-officio members of the Board of Directors.  These ex-officio members shall have no voting rights in matters concerning the Association.

 

Question:  Does an ex-officio member have the right to come to the monthly meetings if the standing board does not want them there? 

Yes.  ex-officio members have all of the rights of "regular" members except to the extent restricted by the bylaws.  It appears your bylaws restrict only the right to vote.  Therefore, the ex officio members are entitled to receive notices of meetings just like the other members and to attend meetings just like other members.

 

 

Question:  How can we get rid of a past president?

 

Section 5.04 Removal from office.  Any director of the Association may be removed from office by an affirmative vote of six (6) directors or by a two-thirds (2/3) vote of the general membership.

 

Question:  Can a past president be voted out?

Your own bylaws answer that question: by an affirmative vote of six directors or by a two thirds vote of the general membership.  It appears to me that no cause is required.  A past president is automatically a member of the board, albeit one without voting rights, correct?  You can remove him from he board, but you can never change the fact that he is a "past president".   Richard Nixon was impeached and resigned, but he is (was) still a past President.  I don't think your bylaws make past presidents board members for life, if that is your concern.  However, others might disagree, so keep checking back.

 

FAQ # 2 might be of some help to you: http://www.robertsrules.com/faq.html#2

Also FAQ # 20:  http://www.robertsrules.com/faq.html#20

 

Edited to add:  You should obtain a copy of the 11th edition (the newest) of RONR and study chapter XX.  It's the chapter on discipline and consists of 26 pages.  Be sure you get the right book:  http://www.robertsrules.com/book.html

[Weldon Merritt]

 Richard Nixon was impeached and resigned, but he is (was) still a past President.

 

Actually, Richard Nixon was not impeached. He likely would have been, had he not resigned, but the House never voted a bill of impeachment. The only presidents who have been impeached were Andrew Johnson and Bill Clinton, both of whom were acquitted by the Senate.

[Hieu H. Huynh]

A possible suggestion could be to amend the bylaws to remove the provision for past presidents to be ex-officio members of the board without voting rights. In that case, a past president may be invited to the board meetings as a guest, while excluding other past presidents.

[Richard Brown]

Actually, Richard Nixon was not impeached. He likely would have been, had he not resigned, but the House never voted a bill of impeachment. The only presidents who have been impeached were Andrew Johnson and Bill Clinton, both of whom were acquitted by the Senate.

You are right.  I was thinking of Clinton being impeached, but not removed.  Nixon resigned without being impeached.  My bad.  And I should know better!

[Josh Martin]

Question: Does an ex-officio member have the right to come to the monthly meetings if the standing board does not want them there?

Yes.

Question: How can we get rid of a past president?

Section 5.04 Removal from office. Any director of the Association may be removed from office by an affirmative vote of six (6) directors or by a two-thirds (2/3) vote of the general membership.

Question: Can a past president be voted out?

I don't think you can get rid of a Past President. The only real way to remove someone from an ex-officio position is to remove them from the position they derive that status from. Past President, however, is more of a historical fact than a position. I think you're stuck with these people until you amend your bylaws to remove this unwise provision.

I don't think your bylaws make past presidents board members for life, if that is your concern.

It seems to me that is exactly what the bylaws do. If the bylaws provided, for instance, that the President was an ex-officio member of all committees, then the only way to remove the President from a committee would be to remove him from the position of President or to amend the bylaws, notwithstanding what the bylaws or RONR provide about removing members from committees generally. A motion to remove him from a particular committee would not be in order, as it would conflict with the bylaws.

It seems to me the situation is the same here. The difficulty here is that the members derive their ex-officio status from being Past Presidents, and there is really no way to remove someone from that position.

[Guest Mary Ann Shipley]

Thank you all for your responses. 

[Richard Brown]

I'm not at all convinced that the bylaws make the past presidents members ex officio "for life" and that nothing can be done about it short of amending the bylaws.  I'll come back later to elaborate.  (But I will say now that if amending the bylaws is what it takes, then go ahead and amend them....soon!!).  There is always more than one way to skin a cat.  Or get rid of a difficult member.

[Guest rwcaspen]

Is it all right if I join in on this topic?  I have questions of my own regarding ex officio members.  Given that our Board is empowered by the Bylaws to create offices and appoint Officers to take care of day-to-day operations, may the Board also confer on these officers a vote on the Board?  Or must ex officio status be explicitly conferred by the Bylaws?

[Edgar Guest]

Is it all right if I join in on this topic?  I have questions of my own regarding ex officio members.

 

It's best if you start a new topic.