Bylaw question about removal of member

[Tom Morelock]

First question. is the first part referring to a Board meeting or membership meeting? 2nd do they conflict in any way? 3rd can a member use the first one to overturn the board's decision to remove a member? (said member was not given a chance to state his case at a membership meeting) That member is not me just in case your wandering. lol.

 

 

 

 

 

 

Any member shall have the right to challenge decisions made by the Board of Directors and shall be entitled to a hearing on the subject.  Said member shall file a complaint in writing to the President who shall present the challenge or complaint to the membership at the next scheduled meeting.  In the case of absolute urgency, a special meeting shall be called by the Board of Directors if approved by a majority vote of that board, to resolve the pending issue

 

 

A.       Removal of Members

1.  A member may be removed for cause.  Cause shall include but not be limited to the following:

a.       Intentionally disrupting the activities or meetings of the corporation.

b.      Failing to conform their conduct, activities, or statements to the objectives of the corporation as provided in these bylaws and/or standing rules.

c.       Any criminal act against the corporation or any of its members.

d.      Committing any unlawful act while performing any corporate business or participating in corporate activities. 

2.  Notice of removal.

        a.   The Board of Directors may by a majority vote elect to serve notice on a member of                      its intention to remove them from membership.  The Notice to Remove shall include                       a description of the alleged conduct and the member’s right to request a hearing.  If                                    the member requests a hearing it shall be in writing and within ten days of receipt                                       of the Notice to Remove.  Thereafter, a hearing shall be set within thirty days at                                  which time                 the Board of Directors shall consider the removal of said member.  The                                          member shall have the right to appear and present evidence to the Board of                                    Directors.

        b.    A member shall not be removed by the Board of Directors unless there is two thirds                    majority vote of the Board.  This two thirds majority vote of the Board of Directors is                     required regardless of whether a hearing is requested by the member.

[Edgar Guest]

First question. is the first part referring to a Board meeting or membership meeting? 2nd do they conflict in any way? 3rd can a member use the first one to overturn the board's decision to remove a member?

Your bylaws can't be properly interpreted without reading them in their entirety and that's beyond the scope of this forum.