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Removal of A Director


Guest Mileigh

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Our board had a meeting to remove a director in March.  The motion did not get the 2/3 vote and failed.

 

The acting secretary failed to record the minutes in an appropriate fashion.  The acting secretary and acting chair were pro termination.  They indicate we "forgot" to go out of camera to make the motion to remove him.  Therefore they want to re-do the vote.  There is dissention about whether we did come out of camera or not.  I feel that the pro termination side will continue to bring this up over and over again until they get their 2/3 vote.  They are arguing the vote was not recorded properly, therefore it did not happen.

 

Help!  I am on a small volunteer board without enough resources to know where to go next!

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The tactics or reasoning are a little shady, but voting again (it's called renewing the motion) on a defeated motion at a later meeting/session is perfectly proper - p. 336.   Whether you were in Executive Session ("in camera") at the time is not relevant, nor is it relevant that the minutes are incorrect - a majority vote can fix that next meeting.

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There is dissent about whether we did come out of camera or not. 

 

Well, whatever happened, the board didn't come out of camera because it never went into camera. It met in camera. (what RONR refers to as "executive session"). In camera is a Latin expression that means "in (a judge's) chambers". The proper term for emerging from an in-camera meeting might be ex-camera but I'm no Latin expert (and our resident Latin expert has been AWOL MIA for quite some time).

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Our board had a meeting to remove a director in March.  The motion did not get the 2/3 vote and failed.

 

The acting secretary failed to record the minutes in an appropriate fashion.  The acting secretary and acting chair were pro termination.  They indicate we "forgot" to go out of camera to make the motion to remove him.  Therefore they want to re-do the vote.  There is dissention about whether we did come out of camera or not.  I feel that the pro termination side will continue to bring this up over and over again until they get their 2/3 vote.  They are arguing the vote was not recorded properly, therefore it did not happen.

 

Help!  I am on a small volunteer board without enough resources to know where to go next!

 

Whether the board was or was not in executive session has no bearing on the vote.  The minutes should be corrected, if necessary, to show what actually happened, but if the vote failed, it failed.

 

There's no rule in RONR to prevent a failed motion from being renewed at each subsequent meeting.  Unless there's some "double jeopardy" provision in your rules, you may have to put up with that.  You can move to Object to Consideration, or move to Postpone Indefinitely, or just vote it down each time, and hope that the proponents become bored with the attempt.

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