Removal of Board Member (Roberts Rules)

[Guest Jake]

I'm wondering if Roberts Rules of Order has specifics with regards to Removing Board Members from Office.  Here are my questions:

1.  Does the accused board member have a right to due process?  By this I mean, does he/she have the right to be presented with the evidence of the charges  prior to a hearing meeting?  If so, how much time is required/recommended for he/she to review the evidence prior to the hearing?  

2.  If the accused board member was elected to his/her seat by a majority vote of the membership, does the membership have the right to witness and attend the meeting/hearing even though they may not be allowed to voice an opinion?

 

 

[jstackpo]

See Chapter 20 in RONR.

[Hieu H. Huynh]

Also see FAQ #20.

[Guest Jake]

Jstackpo - Sorry I don't have a copy of RONR.  Can you paraphrase or provide summary of the referenced chapter?

[Joshua Katz]

1 hour ago, Guest Jake said:

Jstackpo - Sorry I don't have a copy of RONR.  Can you paraphrase or provide summary of the referenced chapter?

I don't think most of us would be willing to do that.  It's pretty complex, and trying to paraphrase runs the risk of giving you bad information.  Also, an organization should not attempt to use the procedure (if there's no overriding customized rule) without the book there for reference.  We can probably try your questions, but first, your second question suggests your organization has a customized rule which will interact with, or override, the RONR rule.  In particular, you write that the membership will not be allowed to voice an opinion.  Under the rules in RONR, though, disciplinary proceedings are held by the membership, and the membership can not only voice an opinion, but vote.  So do your organization have customized rules on this?

For that matter, backing up a little more, what do your bylaws say about the term of office of board members (give us the exact language, not a paraphrase, if you can).  There is certain language which, if present in the term of office, obviates the need for the full disciplinary procedure when removing an officer (and directors are, in RONR terminology, considered officers).

[Josh Martin]

9 hours ago, Guest Jake said:

I'm wondering if Roberts Rules of Order has specifics with regards to Removing Board Members from Office.  Here are my questions:

1.  Does the accused board member have a right to due process?  By this I mean, does he/she have the right to be presented with the evidence of the charges  prior to a hearing meeting?  If so, how much time is required/recommended for he/she to review the evidence prior to the hearing?  

2.  If the accused board member was elected to his/her seat by a majority vote of the membership, does the membership have the right to witness and attend the meeting/hearing even though they may not be allowed to voice an opinion?

Please answer whether your bylaws have any rules on disciplinary procedures and, if not, what the exact wording of the term of office is in your bylaws. This will determine whether formal disciplinary procedures are required.

1.) If formal disciplinary procedures are required, the member does have a right to due process and does have the right to a reasonable time to prepare his defense (RONR recommends 30 days). He does not, however, have a right to review the evidence against him.

If formal disciplinary procedures are not required, the member has no right to due process or a formal hearing. The motion to remove him is debated the same as any other motion. In this case, such a motion requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

If your bylaws have their own rules on discipline, follow those rules.

2.) If the membership elected the board member, then it is the membership which conducts the trial (or votes on the motion to remove him), unless your bylaws provide otherwise.

8 hours ago, Guest Jake said:

Jstackpo - Sorry I don't have a copy of RONR.  Can you paraphrase or provide summary of the referenced chapter?

I do not advise proceeding with formal disciplinary procedures based on a mere summary or paraphrase. If formal disciplinary procedures are required, you need to get a copy of RONR and read Section 63 in its entirety.

Edited May 2, 2018 at 10:58 AM by Josh Martin

[Guest Chairperson]

If a member of the Board is appointed by another Board, can the chairman of the board the member serves ask him/ her to resign due to unlawful statements made by the member.

[Nathan Zook]

This really is a different question, and should be posted to its own thread.

Having said that, freedom of speech applies, and the chairman, like anyone else, can ask anyone to do almost anything.  They have no power, however, to compel any action.

If a member's conduct during a meeting is sufficiently outrageous, chapter XX of RONR does provide for disciplinary procedures "on the spot", as it were.  Still, it requires a vote of the assembly to discipline a member.  If the member's actions are outside a meeting, then a formal and detailed process is required.  You will need to study the process in the current edition of RONR (the 12th) in either case.

[Joshua Katz]

I'm not sure I'm reading the question the same as Mr. Zook. It looked to me like the question was, if Board A appoints a member, M, to Board C, can the chair of Board A ask M to resign. I agree, of course, that he can ask anything. As for the rest, though, it depends on the means by which Board A appoints this member. Does the chair choose him? Is he elected by Board A? Does he have a term of office? And where are these rules found?

[Atul Kapur]

Let's ask Guest Chairperson to give us a more clear question in a new thread.

[Guest rstimmel]

can a member of a board or commission vote on there own idea or project

 

[J. J.]

2 hours ago, Guest rstimmel said:

can a member of a board or commission vote on there own idea or project

 

Please start a new thread.