Removal of a committee member

[Daniel]

Good Morning Gentlemen,

A committee was formed two years ago to review the competencies of individuals in the septic industry. Complaints are properly filed and the committee reviews the complaint, supporting information from a site investigation and then makes a recommendation as to whether the individual is guilty of incompetency or not guilty. The recommendation is then forwarded to the Technical Administrator that has the power to issue the certificate of competency or take the certificate away based upon sufficient supporting information and recommendation. The committee has made all committee members sign a confidentiality agreement to prevent information being shared outside the committee. There is a committee member that has breached confidentiality on more than one occasion. What is the proper process for removal of the individual from the committee? (There are no specific bylaws set for this committee)

Appreciate your insight and knowledge!

Thanks

[Richard Brown]

How did this person become a member of the committee? Under the rules in RONR, the person or group who appoints committee members also has the power to remove them.

With more information we can probably give you a somewhat better or more precise answer.

[Daniel]

Thanks Richard, The committee was appointed by the Technical Administrator.

[Richard Brown]

4 minutes ago, Daniel said:

Thanks Richard, The committee was appointed by the Technical Administrator.

Perhaps this provision from page 177 of RONR will be helpful:

VACANCIES IN A COMMITTEE. The power to appoint a committee includes the power to fill any vacancy that may arise in it. The resignation of a member of a committee should be addressed to the appointing power, and it is the responsibility of that power to fill the resulting vacancy (see also pp. 467–68). Unless the bylaws or other governing rules provide otherwise (see pp. 497, 653), the appointing authority has the power to remove or replace members of the committee: If a single person, such as the president, has the power of appointment, he has the power to remove or replace a member so appointed; but if the assembly has the power of selection, removal or replacement can take place only under rules applicable to the motions to Rescind or Amend Something Previously Adopted (see p. 497). Committee members are presumed to serve until their successors are appointed.

Read your bylaws and other governing documents carefully to make sure they don't contain a different provision, as your governing documents would control.

[Daniel]

Thank you Sir. That is a great help. Always appreciated.