Voting Board Member Off ... Does Member in Question remain in room during vote?

[Guest GUEST_LAJ]

QUESTION #1: If, according to 6.03 below, a motion is made to remove a board member at a regularly scheduled board meeting, does the board member in question remain in the meeting room and participate in the vote or should they be removed?

 

QUESTION #2: If 2 or more board members are being "removed," should there be a single motion, naming all affected board members or individual motions for each board member being removed?

 

Our By-Laws state the following regarding removal of board members:

 

"ARTICLE 5. BOARD OF DIRECTORS

5.06 Removal of Directors. At a meeting of the Voting Members called expressly for the purpose, any Director or the

entire Board may be removed, with or without cause, by a vote of the majority of a quorum of all the Voting Members."

 

"ARTICLE 6. OFFICERS AND COMMITTEES

6.03 Removal. Any officer or agent of United may be removed by a 2/3 vote of the members of the Board present at a

meeting of the Board at which a quorum is present, with or without cause, whenever in its judgment the best interests

of United will best be served by such removal.

 

Thanks for any help you can provide. 

 

 

[jstackpo]

1.   The member "under suspicion" IS a full fledged member of your board and/or association until he has been removed.  Thus he has every right to be present, debate, vote, whatever, on the motion to "remove" him/her.

 

2.   That is entirely up to you.  There are probably good reasons to do it either way.

 

Now a question for you:  What does "majority of a quorum of all the voting members" mean?  RONR doesn't use those terms to specify a threshold of a number of votes necessary to accomplish something.

[Guest leahjo5462@gmail.com]

1.   The member "under suspicion" IS a full fledged member of your board and/or association until he has been removed.  Thus he has every right to be present, debate, vote, whatever, on the motion to "remove" him/her.

 

2.   That is entirely up to you.  There are probably good reasons to do it either way.

 

Now a question for you:  What does "majority of a quorum of all the voting members" mean?  RONR doesn't use those terms to specify a threshold of a number of votes necessary to accomplish something.

Below is what our bylaws say about that for any special or annual general meetings called/convened.

"One tenth (1/10) of the Voting Members, represented in person or by proxy, shall constitute a quorum at a meeting of the Members. Voting Members present at a duly organized and convened meeting where a quorum has been present may continue to do business as a quorum until adjournment, notwithstanding the withdrawal of enough Voting Members to leave less than a quorum. The affirmative vote of a majority of Voting Members present at a meeting, at which a quorum is present"

 

So we would need to have 1/10 of the voting members in attendance to constitute a quorum and of those in attendance, we would need a 50 percent + 1 vote to pass anything brought up. 

 

I hope that answers your question. 

 

Thank you for your answers to my questions. I appreciate your assistance. 

 

LAJ

[Gary c Tesser]

QUESTION #1: If, according to 6.03 below, a motion is made to remove a board member at a regularly scheduled board meeting, does the board member in question remain in the meeting room and participate in the vote or should they be removed? ...

 

 

1.   The member "under suspicion" IS a full fledged member of your board and/or association until he has been removed.  Thus he has every right to be present, debate, vote, whatever, on the motion to "remove" him/her....

 

John, what about p. 647, lines 21 - 27?  Or is the difference that a bylaw provision (6.03) is involved?

 

...  Now a question for you:  What does "majority of a quorum of all the voting members" mean?  RONR doesn't use those terms to specify a threshold of a number of votes necessary to accomplish something.

 

Lotsa luck with this, college graduate.

[jstackpo]

John, what about p. 647, lines 21 - 27?  Or is the difference that a bylaw provision (6.03) is involved?

 

Well, they seem to have replaced Chapter 20 with their discipline system so it is up to them to "keep" the parts they want.  Doesn't look to me as though they kept very many.

 

 

 

Below is what our bylaws say about that for any special or annual general meetings called/convened.

"One tenth (1/10) of the Voting Members, represented in person or by proxy, shall constitute a quorum at a meeting of the Members. Voting Members present at a duly organized and convened meeting where a quorum has been present may continue to do business as a quorum until adjournment, notwithstanding the withdrawal of enough Voting Members to leave less than a quorum. The affirmative vote of a majority of Voting Members present at a meeting, at which a quorum is present"

 

So we would need to have 1/10 of the voting members in attendance to constitute a quorum and of those in attendance, we would need a 50 percent + 1 vote to pass anything brought up. 

 

A detail:  a "majority is NOT "50%+1" but is just "more than half".  With an odd number of members present this could make a difference.

[Dan Honemann]

A detail:  a "majority is NOT "50%+1" but is just "more than half".  With an odd number of members present this could make a difference.

 

Your question to the OP remains unanswered, however, since the bylaw provisions quoted in post #3 seem to be from a different Article or Section of the bylaws (and the last sentence appears to be incomplete).

[Gary c Tesser]

Yeah, let's keep bloody talkin' about their bylaws, shall we.  Like I didn't notice the 50% + 1.

 

If this is on my RP test, I'm going to appeal.