Removing President from the office

[Jayadev]

Our not for profit organization  consists 16 Board of directors. Each year we elect 6 Officers and the exact wording to elect officers is ." Each officer shall hold office for a term of ONE (1) calendar year, or until a successor shall have been duly elected."  as per our bylaws the simple majority is enough to elect the officers. We elected all the officers with one resolution in the beginning of the year. Now we want to remove only president. We have majority votes to remove.  Is it enough once we pass the resolution to change to rescind  the previously passed resolution ? 

Thanks in advance

Jay

[Gary Novosielski]

To remove the president from office, since your bylaws contain the wording "or until", takes a majority vote with previous notice, a 2/3 vote without previous notice, or a vote of a majority of the entire membership, any of which will suffice.

See http://www.robertsrules.com/faq.html#20 for details.

[Jayadev]

Thanks Gary. I want to make sure then we do not need the following procedure. Please also confirm as soon as we pass the  resolution the present president will be ceased to continue as president. 

 Some of the lines from http://www.robertsrules.com/faq.html#20 

" then the group must use formal disciplinary proceedings, which involve the appointment of an investigating committee, preferral of charges, and the conduct of a formal trial. The procedure is complex and should be undertaken only after a careful review of Chapter XX of RONR."

[Joshua Katz]

Look at the faq you quoted in more detail. The phrase you quoted begins with "then." The "if" clause before it concerns a situation where the term of office does not contain the "until successors..." language yours does, making that section inapplicable. The next paragraph concerns your situation, and contains the same rule Mr. Novosielski provided.

[Jayadev]

Thanks. Now I got the complete picture as our clause says" or until " the "formal disciplinary proceedings" does not apply. 

Thanks to everyone

Jay

[jstackpo]

And just to be crystal clear (if not pedantic...) the motion to rescind or amend something previously adopted is not involved here; you are proposing a new motion to "remove from office" - p. 574. (The notice and vote requirements are the same, however.)

[Jayadev]

Thanks again

Jay

[Jayadev]

My friend raised a doubt. If total membership of board which is 16 present, and no notice was served how many votes we need? Is it 9 which is simple majority of total membership or 11 which is two thirds of present.

Thanks

[Josh Martin]

24 minutes ago, jay said:

My friend raised a doubt. If total membership of board which is 16 present, and no notice was served how many votes we need? Is it 9 which is simple majority of total membership or 11 which is two thirds of present.

If no notice is provided, then either of the following is sufficient:

A.) A majority of the entire membership of the board (in other words, nine votes for a board of sixteen).

B.) A 2/3 vote of the members present and voting. In the example above, where all sixteen members are present, suppose four members abstain. In that event, eight votes in the affirmative would be sufficient for adoption, since there are twelve members present and voting, and eight is two-thirds of twelve.

Edited April 22, 2019 at 06:19 PM by Josh Martin

[Jayadev]

Thanks Josh Martin.