SaintCad Posted April 22, 2015 at 04:18 PM Report Share Posted April 22, 2015 at 04:18 PM Dealing with a body where the Chair wants to remove the secretary. I am trying to get the bylaws and here is what I know.The Chair appointed the secretary to fill the position (which is allowed by their bylaws) but as far as anyone knows, the bylaws does not cover the removal of officers and the Chair's position is that he appointed the secretary so he can remove him at will. What does RONR say? "any regularly elected officer of a permanent society can be removed from office by the society's assembly as follows:" Thing is he wasn't "regularly elected" so how would an appointed replacement for a regularly-elected position be removed? And to further complicate the issue, the Chair himself may end up on ethical charges (if needed, remember I don't have the exact wording of the bylaws yet re: pp 653-4) but it looks like the Chair is in charge of the trial. Did I miss a part in Chapter XX where the Chair is automatically replaced when he is on trial (for the purposes of administrating the trial itself) or does the assembly have to remove him temporarily or does the Chair chair their own trial? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 22, 2015 at 05:46 PM Report Share Posted April 22, 2015 at 05:46 PM Dealing with a body where the Chair wants to remove the secretary. I am trying to get the bylaws and here is what I know.The Chair appointed the secretary to fill the position (which is allowed by their bylaws) but as far as anyone knows, the bylaws does not cover the removal of officers and the Chair's position is that he appointed the secretary so he can remove him at will. What does RONR say? "any regularly elected officer of a permanent society can be removed from office by the society's assembly as follows:" Thing is he wasn't "regularly elected" so how would an appointed replacement for a regularly-elected position be removed? And to further complicate the issue, the Chair himself may end up on ethical charges (if needed, remember I don't have the exact wording of the bylaws yet re: pp 653-4) but it looks like the Chair is in charge of the trial. Did I miss a part in Chapter XX where the Chair is automatically replaced when he is on trial (for the purposes of administrating the trial itself) or does the assembly have to remove him temporarily or does the Chair chair their own trial?If I understand the facts correctly, the Secretary position is normally an elected position, but the bylaws authorize the President to appoint someone to fill a vacancy in that position. If that is the case, it seems to me that the rules for removing the Secretary are the same as for removing an elected officer, unless the bylaws provide otherwise. Exactly what that entails depends on the wording of the bylaws regarding the term of office.As for the issue of the President presiding, the President should not preside over his own trial or over a motion to remove him from office, but he is not automatically removed from the chair in such circumstances. If he refuses to relinquish the chair, the assembly may suspend the rules to remove the President from the chair by a 2/3 vote. Quote Link to comment Share on other sites More sharing options...
Guest Unknown Posted February 8, 2017 at 06:37 PM Report Share Posted February 8, 2017 at 06:37 PM So in effect the removal of an appointed officer is the same as an elected officer, unless otherwise stated in the company by-laws or rules? Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted February 8, 2017 at 08:33 PM Report Share Posted February 8, 2017 at 08:33 PM What do the bylaws say about the secretary's term of office? Was this person appointed to fill a vacancy that arose during the term? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 9, 2017 at 01:13 AM Report Share Posted February 9, 2017 at 01:13 AM 6 hours ago, Guest Unknown said: So in effect the removal of an appointed officer is the same as an elected officer, unless otherwise stated in the company by-laws or rules? I said that this is the case if the position is ordinarily an elected position, but an appointment is made to fill a vacancy. If it is an appointed position, period, then the person with the authority to appoint would generally also have the power to remove. Quote Link to comment Share on other sites More sharing options...
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