Guest barb Posted March 7, 2019 at 02:07 PM Report Share Posted March 7, 2019 at 02:07 PM How do we remove a bod that has numerous assault arrests? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 7, 2019 at 02:20 PM Report Share Posted March 7, 2019 at 02:20 PM 12 minutes ago, Guest barb said: How do we remove a bod that has numerous assault arrests? See FAQ #20. Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 7, 2019 at 02:50 PM Report Share Posted March 7, 2019 at 02:50 PM You must have some fun meetings if the whole Board gets arrested (several times) for assault! Are you a union for UFC fighters? Quote Link to comment Share on other sites More sharing options...
bprice446@gmail.com Posted March 7, 2019 at 02:53 PM Report Share Posted March 7, 2019 at 02:53 PM 28 minutes ago, Josh Martin said: See FAQ #20. Thank you. That FAQ refers to remove an "officer" not the board member. The board member has 4 assault arrest and an employee had to get a restraining order against board member. This bod does nothing but inhibit discussion and stirs the pot with a minority of member in the association. Quote Link to comment Share on other sites More sharing options...
bprice446@gmail.com Posted March 7, 2019 at 02:55 PM Report Share Posted March 7, 2019 at 02:55 PM 4 minutes ago, Chris Harrison said: You must have some fun meetings if the whole Board gets arrested (several times) for assault! Are you a union for UFC fighters? Not whole bod....ha ha....just one member. I originally posted "a" board member! Quote Link to comment Share on other sites More sharing options...
Benjamin Geiger Posted March 7, 2019 at 02:59 PM Report Share Posted March 7, 2019 at 02:59 PM To expel them from membership, assuming nothing specific is said in the bylaws, you'd need to go through the disciplinary process. See chapter XX. (It's complex but it needs to be to protect everyone's rights.) Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted March 7, 2019 at 02:59 PM Report Share Posted March 7, 2019 at 02:59 PM 3 minutes ago, bprice446@gmail.com said: That FAQ refers to remove an "officer" not the board member. Same rules apply for removing a board member. Have you checked your bylaws? They may have a provision for removing directors. Is your organization under the authority of any legislation? It may also have such a provision? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 7, 2019 at 03:01 PM Report Share Posted March 7, 2019 at 03:01 PM 7 minutes ago, bprice446@gmail.com said: Thank you. That FAQ refers to remove an "officer" not the board member. The board member has 4 assault arrest and an employee had to get a restraining order against board member. This bod does nothing but inhibit discussion and stirs the pot with a minority of member in the association. So far as RONR is concerned, board members are officers, and the same rules for discipline apply. Quote Link to comment Share on other sites More sharing options...
bprice446@gmail.com Posted March 7, 2019 at 03:04 PM Report Share Posted March 7, 2019 at 03:04 PM Yes our by laws have the procedure to remove a board member. Member meeting, board member gets to defend himself and then membership vote. It is such a cumbersome/lengthy procedure we were hoping that given the fact that he continues to get arrested for assault and now an order from protection against him by one of our employees would give the remaining bod's authority to remove him. He has been asked to resign, we also had lawyer write a very strong letter to him.....but no change in his behavior. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 7, 2019 at 03:05 PM Report Share Posted March 7, 2019 at 03:05 PM Just now, bprice446@gmail.com said: Yes our by laws have the procedure to remove a board member. Member meeting, board member gets to defend himself and then membership vote. It is such a cumbersome/lengthy procedure we were hoping that given the fact that he continues to get arrested for assault and now an order from protection against him by one of our employees would give the remaining bod's authority to remove him. He has been asked to resign, we also had lawyer write a very strong letter to him.....but no change in his behavior. If your bylaws require the procedure you describe, and has no exceptions, then that is the procedure which must be followed. Quote Link to comment Share on other sites More sharing options...
bprice446@gmail.com Posted March 7, 2019 at 03:09 PM Report Share Posted March 7, 2019 at 03:09 PM 4 minutes ago, Josh Martin said: So far as RONR is concerned, board members are officers, and the same rules for discipline apply. Our bylaws permit the bod to remove an officer but not a board member. We were hoping that RR had something about conduct not becoming a bod....i.e. assault arrests. Quote Link to comment Share on other sites More sharing options...
bprice446@gmail.com Posted March 7, 2019 at 03:12 PM Report Share Posted March 7, 2019 at 03:12 PM 1 minute ago, bprice446@gmail.com said: Our bylaws permit the bod to remove an officer but not a board member. We were hoping that RR had something about conduct not becoming a bod....i.e. assault arrests. I guess we will have to follow the lengthy by-law procedure. Afraid we won't get the required number of members to attend. Ahhhh....I'm sad. Again that you for your help/insight. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted March 7, 2019 at 03:18 PM Report Share Posted March 7, 2019 at 03:18 PM 24 minutes ago, bprice446@gmail.com said: That FAQ refers to remove an "officer" not the board member. In RONR terminology, directors are officers. Quote Link to comment Share on other sites More sharing options...
bprice446@gmail.com Posted March 7, 2019 at 03:21 PM Report Share Posted March 7, 2019 at 03:21 PM Thank you all. I will inform my other board member that we need to start the "eviction" ha ha procedure. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 7, 2019 at 05:26 PM Report Share Posted March 7, 2019 at 05:26 PM (edited) 2 hours ago, bprice446@gmail.com said: Our bylaws permit the bod to remove an officer but not a board member. We were hoping that RR had something about conduct not becoming a bod....i.e. assault arrests. Since your bylaws provide rules concerning the removal of both officers and board members, what RONR says on the subject is immaterial. Your bylaws take precedence. Even if RONR were controlling, this would be likely be of little comfort to the board, since RONR would also require a vote by the membership, and (depending on the specific wording of the term of office, and what is exactly is required in your bylaws) may actually require even lengthier procedures than what your bylaws require. 2 hours ago, Joshua Katz said: In RONR terminology, directors are officers. Apparently, however, that is not the case in the organization’s bylaws, at least for the purposes of the rules in question, since the bylaws provide that officers may be removed by the board but that board members may be removed only by the membership. Edited March 7, 2019 at 05:32 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
J. J. Posted March 7, 2019 at 05:36 PM Report Share Posted March 7, 2019 at 05:36 PM 2 hours ago, Joshua Katz said: In RONR terminology, directors are officers. Who the officers are should be determined by the bylaws. I agree with Mr. Martin that the procedure in the bylaws for removing board members is controlling. Also, many organizations provide that the board shall elect officers. There is often a distinction between officers and directors. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 9, 2019 at 03:48 AM Report Share Posted March 9, 2019 at 03:48 AM On 3/7/2019 at 10:09 AM, bprice446@gmail.com said: Our bylaws permit the bod to remove an officer but not a board member. We were hoping that RR had something about conduct not becoming a bod....i.e. assault arrests. As has been pointed out, board members are considered officers. Do your bylaws say they aren't? RONR does have rules about conduct that would be injurious to the good name of the organization. But the rules in RONR are superseded by the rules in your bylaws. While you're checking your bylaws, make sure you know the procedures for a removal of an officer from their office, and the possibly different rules for expelling a member completely. There might be different requirements. If your bylaws were silent on either of those, you could use the rules in RONR Chapter XX, but I don't think you will find them to be any less cumbersome. Quote Link to comment Share on other sites More sharing options...
Newbie Posted March 9, 2019 at 04:03 PM Report Share Posted March 9, 2019 at 04:03 PM On 3/7/2019 at 10:12 AM, bprice446@gmail.com said: I guess we will have to follow the lengthy by-law procedure. Afraid we won't get the required number of members to attend. Ahhhh....I'm sad. Again that you for your help/insight. Do your bylaws include anything about board members being subject to background checks? Perhaps that's another avenue to pursue if they do. But it may not change the overall process you may need to go through. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted March 10, 2019 at 03:23 PM Report Share Posted March 10, 2019 at 03:23 PM On 3/8/2019 at 10:48 PM, Gary Novosielski said: As has been pointed out, board members are considered officers. Do your bylaws say they aren't? But when some board members serve in particular offices, such as president or secretary, etc., and the board is given the power to remove "officers" or "from office", I think it's pretty safe to assume that it means removal of persons from the particular offices, not all board members from the board. Quote Link to comment Share on other sites More sharing options...
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