Jay M Posted October 16, 2023 at 04:00 AM Report Share Posted October 16, 2023 at 04:00 AM Our constitution has the following clasue: Disqualification of Membership Rights: Demonstrated activities against the purposes of the corporation as defined in Article I shall constitute grounds for disqualification from membership. This will be determined by a vote of two-thirds (2/3) of the total membership of the Board of Trustees. Any member so disqualified shall be eligible for reinstatement subject to the approval of a majority of the total membership of the Board of Trustees. My fello trustee beleives not only the board of trustees but Generla body can also disqualify a member. I wonder is he correct? Thanks Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 16, 2023 at 10:47 AM Report Share Posted October 16, 2023 at 10:47 AM (edited) On 10/15/2023 at 11:00 PM, Jay M said: Our constitution has the following clasue: Disqualification of Membership Rights: Demonstrated activities against the purposes of the corporation as defined in Article I shall constitute grounds for disqualification from membership. This will be determined by a vote of two-thirds (2/3) of the total membership of the Board of Trustees. Any member so disqualified shall be eligible for reinstatement subject to the approval of a majority of the total membership of the Board of Trustees. My fello trustee beleives not only the board of trustees but Generla body can also disqualify a member. I wonder is he correct? Thanks Assuming this section is all the constitution says on this matter, the trustee appears to be incorrect. The rule quite clearly states that "This will be determined by a vote of two-thirds (2/3) of the total membership of the Board of Trustees." (emphasis added) Edited October 16, 2023 at 10:47 AM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 16, 2023 at 12:27 PM Report Share Posted October 16, 2023 at 12:27 PM Mr. Martin, I take the trustee to be saying the power is not exclusive, not that the clause refers to the membership. I think it's clear that, without this clause, the membership would have this power. So the question is whether the delegation to the board is exclusive. I tend to think it is, but I don't think it's obvious. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted October 17, 2023 at 12:27 AM Report Share Posted October 17, 2023 at 12:27 AM I agree that the board's authority is exclusive. Say that a motion to disqualify a member is made at a membership meeting. Even if it is adopted, the requirement in the bylaws has not been met. Quote Link to comment Share on other sites More sharing options...
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