Guest Unknown Posted September 9, 2020 at 06:41 PM Report Share Posted September 9, 2020 at 06:41 PM What is the procedure for removing an officer from a non-profit organization for behavior not conducive to the best interest of the organization? The behavior did not happen during a meeting but did happen at an organization-owned facility during a fundraiser. 1. Bylaws dictate a disciplinary actions of which member falls into the above category; however, member is also president of subsidiary. Process does not dictate what happens to the individuals position pending notice and hearing. Does the national organization have a right to remove the individual pending notice and hearing? Or does the individual maintain the position pending the outcome of the notice and hearing? 2. Bylaws dictate vacancy in office only related to unexcused absences (automatically declaring position vacant) or if absent due to resignation or death. Does not address removal due to pending allegations. 3. Bylaws dictate "until their successor has been elected and installed" in terms of officer position length. According to page 651-652 of RONR (11th Edition), the officer in question can be removed from office by adoption of a motion to do so. Would this come from the subsidiary membership during an official business meeting? Or can it come from the national organization? Is a hearing and trial still required? Thank you for your assistance. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted September 9, 2020 at 06:49 PM Report Share Posted September 9, 2020 at 06:49 PM What is the full sentence about the terms of office? You said "until their successor has been elected and installed" but the word before that, whether "and" or "or" is an important distinction in what procedures need to be followed. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 9, 2020 at 06:58 PM Report Share Posted September 9, 2020 at 06:58 PM (edited) 17 minutes ago, Guest Unknown said: What is the procedure for removing an officer from a non-profit organization for behavior not conducive to the best interest of the organization? Just to be clear I understand the facts, my understanding is that the bylaws contain rules for removing persons from membership but do not contain rules for removing persons from office, and it is desired to remove this person from both. If this understanding is incorrect, please clarify. If this is correct, then the procedure in the bylaws must be followed to remove the person from membership must be followed. What process is used to remove the person from office depends upon the exact wording of the bylaws regarding the term of office, and we are given an incomplete quote in this regard which is missing some key words. 16 minutes ago, Guest Unknown said: 1. Bylaws dictate a disciplinary actions of which member falls into the above category; however, member is also president of subsidiary. Process does not dictate what happens to the individuals position pending notice and hearing. Does the national organization have a right to remove the individual pending notice and hearing? Or does the individual maintain the position pending the outcome of the notice and hearing? If the bylaws have their own rules on this subject, those rules must be followed. The person would retain their position unless and until they are removed unless the bylaws provide otherwise. 16 minutes ago, Guest Unknown said: Bylaws dictate "until their successor has been elected and installed" in terms of officer position length. According to page 651-652 of RONR (11th Edition), the officer in question can be removed from office by adoption of a motion to do so. I would first note that we need an exact quote in full of what the bylaws say on this subject. The words provided here, in and of themselves, are not sufficient to determine whether or not a trial is required. 16 minutes ago, Guest Unknown said: Would this come from the subsidiary membership during an official business meeting? Or can it come from the national organization? The former. A national organization has no authority to remove the officers of a subsidiary organization unless the bylaws so provide. 16 minutes ago, Guest Unknown said: Is a hearing and trial still required? We will need an exact quote in full of what the bylaws say regarding the term of office in order to answer this question. Edited September 9, 2020 at 06:59 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Guest Unknown Posted September 9, 2020 at 07:38 PM Report Share Posted September 9, 2020 at 07:38 PM The bylaws state, "Upon election and installation, or appointment of the successor to any such office, all unit property in his or her possession or control shall be surrendered to their successor. Unit Commanders may succeed themselves." Furthermore, the bylaws state that "Each subsidiary shall designate when its officers shall be elected; said election shall be annually." Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 9, 2020 at 09:58 PM Report Share Posted September 9, 2020 at 09:58 PM 2 hours ago, Guest Unknown said: The bylaws state, "Upon election and installation, or appointment of the successor to any such office, all unit property in his or her possession or control shall be surrendered to their successor. Unit Commanders may succeed themselves." Furthermore, the bylaws state that "Each subsidiary shall designate when its officers shall be elected; said election shall be annually." Based upon these facts, it seems to me that the formal disciplinary procedures in Section 63 of RONR would be required to remove an officer, which (among other things) does include a trial. These procedures would still be conducted by the local organization unless the bylaws provide otherwise. Quote Link to comment Share on other sites More sharing options...
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