JAR Posted August 16, 2017 at 12:15 PM Report Share Posted August 16, 2017 at 12:15 PM Bylaw says a board member shall be removed from office upon being absent from three consecutive monthly board meetings. Is there anyway for the president to over rule this? The board member in question is an outstanding board member which circumstances beyond his control at this time. He has been on the board for three years, he has his own business which is open 7 days a week, and just the past few months he has lost several employees that has forced him to have to work there during the meeting time. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted August 16, 2017 at 12:27 PM Report Share Posted August 16, 2017 at 12:27 PM "Rules contained in the bylaws (or constitution) cannot be suspended—no matter how large the vote in favor of doing so or how inconvenient the rule in question may be—unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a rule of order as described on page 17, lines 22–25. " RONR (11th ed.), p. 263 The bylaw you mention does not fit into the exception cited above, so the answer is no, it cannot be overruled by the President, the Board or the Society. The bylaws would need to be amended to provide for a suspension of this rule, or it can be removed in its entirety. Quote Link to comment Share on other sites More sharing options...
Tom Coronite Posted August 16, 2017 at 12:29 PM Report Share Posted August 16, 2017 at 12:29 PM Perhaps the removed officer could, after being removed, be brought onto the board again, depending on what your bylaws say and what the provision regarding "removal" means. You may be seeing why such a hard-and-fast removal clause is unwise, and maybe should be changed. Quote Link to comment Share on other sites More sharing options...
JAR Posted August 16, 2017 at 12:36 PM Author Report Share Posted August 16, 2017 at 12:36 PM What if it's not actually under bylaws in the book, it's under Constitutions Article III, Section 6? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted August 16, 2017 at 12:41 PM Report Share Posted August 16, 2017 at 12:41 PM 4 minutes ago, grasshopper said: What if it's not actually under bylaws in the book, it's under Constitutions Article III, Section 6? Did you read the cited material from RONR where it uses the word Constitution? Quote Link to comment Share on other sites More sharing options...
JAR Posted August 16, 2017 at 12:52 PM Author Report Share Posted August 16, 2017 at 12:52 PM Sorry, I missed that. Was hoping for some kind of loop hole. Thank you much for your help. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted August 16, 2017 at 02:34 PM Report Share Posted August 16, 2017 at 02:34 PM What does your constitution say about filling vacancies? It's possible you could just re-elect/reappoint this person to the board. Then amend your Constitution if you find that the rule is not working for you. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted August 19, 2017 at 03:50 AM Report Share Posted August 19, 2017 at 03:50 AM On 8/16/2017 at 8:15 AM, grasshopper said: Bylaw says a board member shall be removed from office upon being absent from three consecutive monthly board meetings. Is there anyway for the president to over rule this? The board member in question is an outstanding board member which circumstances beyond his control at this time. He has been on the board for three years, he has his own business which is open 7 days a week, and just the past few months he has lost several employees that has forced him to have to work there during the meeting time. It sounds like a badly written bylaw, but since that's apparently not a verbatim quote, it's hard to tell. Did nobody ever consider that there might be valid reasons for absence? DId nobody consider inserting a qualifier such as "unexcused" in the rule? In any case, until you amend it, you have to obey it. Quote Link to comment Share on other sites More sharing options...
J. J. Posted August 19, 2017 at 04:46 AM Report Share Posted August 19, 2017 at 04:46 AM On 8/16/2017 at 8:36 AM, grasshopper said: What if it's not actually under bylaws in the book, it's under Constitutions Article III, Section 6? 1. You can amend your constitution. 2. If the person is removed, can he be reappointed? Quote Link to comment Share on other sites More sharing options...
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