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Guest Curious

Removing a board member

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Guest Curious

When voting to remove a board member, does the member in question get to vote?

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The short answer is maybe. 

The middle length answer is check your rules.

The long answer is it depends on several factors including what the organization's rules say on the subject.  For example, if the Bylaws say nothing on discipline and the Board member is being tried under the provisions in RONR Chapter XX then he might have had his rights of membership suspended (which would include the right to vote) or maybe not depending on what the resolution preferring charges says.  On the other hand, if the Bylaws define a Board member's term of office in a certain way he may be removed from office without requiring a trial in which case he can vote on the motion.

 

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10 hours ago, Chris Harrison said:

For example, if the Bylaws say nothing on discipline and the Board member is being tried under the provisions in RONR Chapter XX then he might have had his rights of membership suspended (which would include the right to vote) or maybe not depending on what the resolution preferring charges says.

Even if the member’s right to vote was not suspended in the motion to prefer charges, a member charged under Ch. XX procedures would not be able to vote on his own removal, since the accused is required to leave the room during consideration of the question of guilt and the penalty.

10 hours ago, Chris Harrison said:

On the other hand, if the Bylaws define a Board member's term of office in a certain way he may be removed from office without requiring a trial in which case he can vote on the motion.

He should not do so, however, since this would be a question in which the member has a personal interest not in common with other members.

13 hours ago, Guest Curious said:

When voting to remove a board member, does the member in question get to vote?

What, if anything, do your bylaws say regarding removal of a board member? If they are silent, what is the exact wording of the term of office?

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Guest Curious

Removal of Officers: Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose.

 

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Given this citation, and combining Mssrs. Harrison's and Martin's replies, the member in question (assuming only one is named in the motion) cannot be prevented from voting on this motion but the member should not vote on it because the member has a personal interest not in common with other members.

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Guest Curious

It should be said here...I’m realizing that my title conflicts with other information here.

The bylaws make accommodation for removing an officer, not a member, by a majority vote.

Removal of board members is done as a recalll through a vote of the homeowner membership (this is an HOA)

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