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Removal of officer


Guest Janelle

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Our current bylaws are woefully poor.  Our current sitting president of our non profit has verbally attacked members of the board via email, has stated on two separate occasions in e mails that "I don't care what you think", fails to allow members to talk in our board meetings and rarely if ever follows Roberts Rules of Order when conducting general membership meetings. As a result, little gets accomplished.   Because our bylaws state:  "The term for all officers shall be one year".  Am I correct in  assuming we cannot, as a board remove her?  And am I also correct in assuming that we would have to form an investigating committee , charges preferred, and a formal trial must be held?  

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Whether your board has the authority to remove the president depends on the wording in your bylaws and the authority given to the board.
You are correct as to your understanding of the geeneral procedure in RONR for removal from office when the term of office is a fixed term of years. See FAQ # 20 on the main RONR website for more information: https://robertsrules.com/faq.html#20

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18 minutes ago, Guest Janelle said:

Because our bylaws state:  "The term for all officers shall be one year".  Am I correct in  assuming we cannot, as a board remove her?

If the society's membership elects the President, this is correct. In addition, the board would not be able to remove her even if the bylaws included the "or until their successors are elected" language. This language makes the process for removing officers easier, but the decision is still up to the society's membership. The only way for a board to remove officers elected by the society's membership is if the bylaws explicitly grant the board that authority.

18 minutes ago, Guest Janelle said:

And am I also correct in assuming that we would have to form an investigating committee , charges preferred, and a formal trial must be held?  

Yes, this is correct. Just to be clear, the "we" in this sentence is the same body which elected the President.

These responses assume the bylaws are silent on the subject of removal. If the bylaws have their own rules on removal, follow those rules.

Edited by Josh Martin
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