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Special Called Meeting


SylviaD
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At a special called Board meeting for the purpose of bringing charges against an officer, the charges were given to him and writing and read to him. He attempted to give the Chair a copy of charges he wants to bring against the Chair. The Chair ruled that this meeting was specifically called for one purpose and refused to accept his printed charges. The Board agreed. A special called general meeting of members only is called for 16 days after he was presented the charges (15 requirement). He claims he could not open the charges shown in the email (MailChimp) notification therefor he had not been served. There is no mention in the by laws of prior notification of the charges in writing or any other way. By Laws simply say that the charges are to be proven before the general membership. Has the Board met its duty on this issue and are we clear in denying him the change to present charges at the Special called membership meeting that is specified for one purpose and that is to hear the charges and remove him from office?

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It depends on what your bylaws say about how notice of a meeting must be sent.  By postal mail?  By e-mail? In writing? In person?   According to RONR, e-mail satisfies a requirement if the bylaws simply say "in-writing", but only if the member has agreed to receive notice in that way.  This applies to all members, not just the one being charged.  A special meeting is not "properly called" unless notice is given to all members, in accordance with the bylaws.  What do yours say?

The only business that may be transacted at a special meeting is that described in the call (notice) of the meeting.  If the meeting was called for the purpose of hearing charges against this one person, then the chair was correct in not considering other business.  The countercharges can be handled as a separate question, after going through whatever mechanism you have for such charges.

 

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