Guest Mary ball Posted February 20, 2021 at 04:59 PM Report Share Posted February 20, 2021 at 04:59 PM How does one remove a Special Committee Chair that is using the position for their own financial gain? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted February 20, 2021 at 05:41 PM Report Share Posted February 20, 2021 at 05:41 PM It depends on how that person was appointed to the position (including by what person or body), the bylaw language on their term, and perhaps any disciplinary procedures in your organization. These details are all unique to your organization. The general rule is that "Unless the bylaws or other governing rules provide otherwise (see 50:14, 62:16), the appointing authority has the power to remove or replace members of the committee" RONR (12th ed.) sections 13:23. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 20, 2021 at 05:41 PM Report Share Posted February 20, 2021 at 05:41 PM 35 minutes ago, Guest Mary ball said: How does one remove a Special Committee Chair that is using the position for their own financial gain? The power to appoint carries with it the power to remove. If the bylaws authorize the President to appoint all members of committees, then the President may remove the chairman. If the chairman was appointed by the parent assembly, then the assembly may remove the chairman by means of a motion to Rescind or Amend Something Previously Adopted, which requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice for approval. If the assembly delegated the authority to elect the chairman to the committee, then the committee may remove the chairman by the same procedure as just noted. The parent assembly also still could intervene and remove the chairman itself, if so desired. While this seems highly unlikely for a special committee, in the event that the bylaws prescribe a fixed term of office for the committee chairman, then formal disciplinary procedures are required for removal. Finally, if the bylaws themselves prescribe the method of removal, that method must be followed. "Unless the bylaws or other governing rules expressly provide that committee members shall serve “… and until their successors are chosen” or for a fixed period, as “… for a term of two years” (in which case the procedure for their removal or replacement is the same as that for officers described in the second bulleted item in 62:16), committee members (including the chairman) may be removed or replaced as follows: If appointment was as provided in paragraphs (a), (b), (c), or (e) above, the removal or replacement of a committee member requires the same vote as for any other motion to Rescind or Amend Something Previously Adopted. If appointment was by the president acting alone under paragraph (d), he may remove or replace committee members by his own act (see 13:23)." RONR (12th ed.) 50:14 Quote Link to comment Share on other sites More sharing options...
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