Remove Executive Officer

[Guest Big E.M.T]

How do we remove an Executive officer That has failed to do there duties. The title is Captain with specific responsabilities in our By laws. They failed to perform ther duties on mutiple accounted for times and mentioned all yr in minutes has also lied about said jobs and caught never doing. Has the friendship of most of membership that are kids who are not around to see behind scenes. The position is a 2 yr position at max. This jan will begin 2nd yr. They got the majority vote based on percentage eliminating alot of votes for nominations and had a bunch on educational that were excused and aloud to cast absentee votes . so won a second term. Now other things recently came up in meeting and has organazation in a bind of liability. Said person is nopw on workmans comp we have an acting capt. we held an executive meeting discussed and came to agreements they need to be removed from position based on failure to perform duties of office. This person has also had to resign from Secretary, treasurer, president in the past. There is a trend here. We asking for resignation of position with never being able to run for any executive office or secretary again set here fourth.   We asked said person to come down trhey refused. They agreed to come down last night at 10pm we had executive board there, They then again called said not coming down didnt want to. how do we handle this?

[Hieu H. Huynh]

See FAQ #20.

[Guest Big E.M.T]

Have we done correct so far though in regards to haveing our executive meeting  and reviewing all incadents and proof of failure to do duties. On grounds May we ask or remove this said person from office as an executive commitee for the betterment of the squad.  This said person put the squad in a perdiquement of being on workmans comp and light duty. She being told to stand down and nopt run as we do not hae a light duty position she ran calls and jeopardized the squad by leaving us volnerable to law suit of her being on pain medication and doing EMT 911 calls.

[Hieu H. Huynh]

As noted in FAQ #20, it depends, based on your bylaws.

 

If there are legal aspects to this situation, I suggest consulting an attorney.

[Gary Novosielski]

You'll actually have to click here--> FAQ #20. and read that page for more information.  As HHH noted, (and as is explained in FAQ #20,  a lot depends on exactly what your bylaws say.

[Guest Guest]

I have read FAQ #20.    Its just that our bylaws dont specify anything in regards to removal of an officer on that of a said member.  We had a executive meeting and found her not in favor and want resignation of current position and not to run for executive position ever again. But we dont want to remove from squad. She runs calls but can not manage and has brought the moral to an all time low and has failed to perform her said duties as the bylaws state under her title.  How do we handle her failing to come to meeting so we may ask her to resign and if she fails to resign how do we handle it then. She is ignoring the fact thinking it will go away and we need to handle before the end of the yr.

 

[Josh Martin]

I have read FAQ #20. Its just that our bylaws dont specify anything in regards to removal of an officer on that of a said member. We had a executive meeting and found her not in favor and want resignation of current position and not to run for executive position ever again. But we dont want to remove from squad. She runs calls but can not manage and has brought the moral to an all time low and has failed to perform her said duties as the bylaws state under her title. How do we handle her failing to come to meeting so we may ask her to resign and if she fails to resign how do we handle it then. She is ignoring the fact thinking it will go away and we need to handle before the end of the yr.

As noted in FAQ #20, how to remove an officer if the bylaws are silent on removal depends on how the term of office is defined.

"If the bylaws just state a fixed term for the officer, such as “two years,” or if they say the officer serves for a specified term “and until [the officer's] successor is elected” (or words to that effect), then the group must use formal disciplinary proceedings, which involve the appointment of an investigating committee, preferral of charges, and the conduct of a formal trial. The procedure is complex and should be undertaken only after a careful review of Chapter XX of RONR.

On the other hand, if the bylaws state a term for the office but add “or until [the officer's] successor is elected,” or contain other wording explicitly indicating that the officer may be removed before the term expires, then the officer can be removed from office by a two-thirds vote, by a majority vote when previous notice has been given, or by a vote of the majority of the entire membership -- any one of which will suffice. A successor may thereafter be elected for the remainder of the term."

If this is not clear, then let us know what your bylaws say regarding the term of office and we will do our best to provide some more information. Also, please note which body elects the position in the first place.

I don't think you can prevent her from running for office ever again, unless your bylaws have certain rules for eligibility and it would be possible to make her no longer meet those requirement.