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Term of office as President


CrystalDiamond
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6 minutes ago, CrystalDiamond said:

We want a member of the executive board out!  Our ByLaws states that members can't call a Special Call Meeting.  But says, the removal of officer for cause will be done by by the vote of the general membership at a special call meeting.

 

Do the bylaws say how that special meeting gets called?

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20 minutes ago, CrystalDiamond said:

We want a member of the executive board out!  Our ByLaws states that members can't call a Special Call Meeting.  But says, the removal of officer for cause will be done by by the vote of the general membership at a special call meeting.

What may be the recourse to get them out?

2

This is likely more complicated than might appear at first glance. I suggest you read your bylaws very carefully, looking for all provisions that might be applicable.  You might find your answer there.  Second, what do your bylaws say about terms of office?  It might be easier to remove an officer from office without cause as set out on page 653, but that depends on the exact wording of your bylaws regarding terms of office.

RONR has an entire chapter of 26 pages (Chapter XX) on discipline, including removal from office.  However, since your own bylaws contain a provision on removal for cause, your own bylaw provision may supersede the provisions in RONR.

You might look at FAQ # 20 for some information on removal  from office:  http://www.robertsrules.com/faq.html#20

Edited to add:  Referring to a question above by Joshua Katz, are you sure that your president is the only person who can call a special meeting?   Do you have a board?  If so, can the board call a special meeting?

What is the EXACT wording about a member petitioning the president to call a special meeting?

 

Edited by Richard Brown
Added last two paragraphs
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1 hour ago, CrystalDiamond said:

Yes, they specify "when called by the president (who we want to get rid of), and "when a member petitions the the president to call a meeting and special meetings require a seven day notice to the general membership.

Well, hopefully it includes more details about this petitioning process.  Whatever it says about those details, one path forward would be to consider that process.  It's possible for your bylaws to tie your hands, but you'll have to look at them carefully to see if that's the case.

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Guest Who's Coming to Dinner

The hedging could go on forever until we read the organization's entire bylaws. Taking what CrystalDiamond says at face value, the President must call a special meeting when petitioned to do so by a member. At that meeting, a motion may be introduced to remove an officer for cause. Whether the bylaws provision for removal obviates the rest of Chapter XX is a matter for the members to decide.

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24 minutes ago, Guest Who's Coming to Dinner said:

The hedging could go on forever until we read the organization's entire bylaws. Taking what CrystalDiamond says at face value, the President must call a special meeting when petitioned to do so by a member. At that meeting, a motion may be introduced to remove an officer for cause. Whether the bylaws provision for removal obviates the rest of Chapter XX is a matter for the members to decide.

Without reading the exact language of the relevant provision in the bylaws, I'm not ready to assume conclusively that the president must call a special meeting upon being petitioned to do so by one member.   That does appear to be what CrystalDiamond said the bylaws say,  but I want to see the exact wording.  If that is the case, then any member can essentially demand a special meeting for the purpose of removing the president.  But, what if the president refuses to call said special meeting?  It still appears to take a special meeting to remove him, unless the members can avail themselves of the process described on page 653 of RONR.  The final two options seem to be amending the bylaws to make it easier to remove the president or just do nothing and let him serve out his term.  He can, of course, be the subject of motions of censure and of being removed from presiding at meetings per pages 651-653 in the meantime.

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