Petition asking for Board member to step down

[Roger Waters]

Hello,

Is it possible to ask a Board member (President) to step down if many members feel he is not working properly or following to the mission of the organization? This is for a non-profit. Thought about putting together a petition and collect signatures from members. All I found on the Bylaws is this:

"The Board of Directors shall have general administrative charge of the affairs of the club, but it shall not have the power to overrule the wishes of the club as expressed by a majority vote. The Board of Directors may not elect to spend more than $400 without approval of the general membership."

Thank you!

 

[Guest Puzzling]

You can always ask but you will not always get what you want.

First of all are there regular meetings coming soon?

Or does the bylaws state that time amount members can demand a special meeting? 

Then prepare yourself by studying section 20 of RONR (about removal from office and disciplinary procedure) very carefully.

Also make sure you get lots of sporting members (and also do not overlook the other board members) 

Depending on your bylaws the state law and other covenants or constitutions more rules might apply.

But the above is a reasonable start.

[Richard Brown]

See FAQ # 20 on the main website about removing officers before their terms have expired. Scroll down to # 20:  https://robertsrules.com/frequently-asked-questions/

 

[Roger Waters]

Thanks for your answers. If we wanted expulsion of a member (not President), the Bylaws do have a procedure for submitting charges for a member. If after the charge is submitted, the Board decides not to proceed with the charges, would then a petition be an alternative? I’m thinking it would because, according to the bylaws:  "The Board of Directors shall have general administrative charge of the affairs of the club, but it shall not have the power to overrule the wishes of the club as expressed by a majority vote."

Thoughts? Thank you!

[Guest Puzzling]

First of all can you quote (not paraphrase!) that bylaw provision (and if not very clear, why do you think it is not applicable to  the president) 

The bylaws provision overrules RONR.

 

 

[Roger Waters]

Ok, here is the whole section:

Quote

SECTION IV.
The Board of Directors shall have general administrative charge of the affairs of the club, but it shall not have the power to overrule the wishes of the club as expressed by a majority vote. The Board of Directors may not elect to spend more than $400 without approval of the general membership.

The bylaws have a DISCIPLINE section where the steps for a Charge, Hearing and Expulsion are listed. However, I was wondering if, rather than going through all those steps, we could put together a petition for a member resignation and signed by majority of members.

Thank you!

[Weldon Merritt]

9 minutes ago, Roger Waters said:

The bylaws have a DISCIPLINE section where the steps for a Charge, Hearing and Expulsion are listed. However, I was wondering if, rather than going through all those steps, we could put together a petition for a member resignation and signed by majority of members.

Certainly you can. But that doesn't mean that the member has to comply. Resignation is a voluntary action, and the member is free to ignore your petition. 

[Guest Puzzling]

28 minutes ago, Roger Waters said:

The bylaws have a DISCIPLINE section where the steps for a Charge, Hearing and Expulsion are listed. However, I was wondering if, rather than going through all those steps, we could put together a petition for a member resignation and signed by majority of members.

Members can resign if they want (some exceptions see RONR)  but if you want to force  them out of office or membership you will need to follow the discipline section. 

Even after following the discipline section a majority of the membership might not be enough for this,...

[Gary Novosielski]

18 hours ago, Roger Waters said:

Thanks for your answers. If we wanted expulsion of a member (not President), the Bylaws do have a procedure for submitting charges for a member. If after the charge is submitted, the Board decides not to proceed with the charges, would then a petition be an alternative? I’m thinking it would because, according to the bylaws:  "The Board of Directors shall have general administrative charge of the affairs of the club, but it shall not have the power to overrule the wishes of the club as expressed by a majority vote."

Thoughts? Thank you!

Saying that the Board cannot overrule the club's vote does not mean that anything the club wants to vote on is automatically in order.  That's a separate question.  The club presumably voted to put the president in office, so the Board presumably can't remove someone the membership voted in.

But to remove an officer from office will require certain procedures be followed.  If your bylaws are silent on this issue, refer to Chapter XX in RONR, which detail disciplinary procedures.

You can do a petition if you like, but there's nothing binding about it.