Removal of a member

[Jay M]

Our not for profit organization have the following Sections in the constitution and bylaws 

Section 2: Purposes.

1.   TAG is  formed for the following purposes:

I.    To establish and maintain Hindu Temples built and serviced in the traditional Hindu style

II.   To establish and maintain a Community Center

III.  To promote Hindu Dharma (Religion and Traditions) and culture

IV.  To promote inter-religious, social, and cultural understanding

V.   To support humanitarian causes

VI.  To Promote Educational Activities

2.   Section 5: 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.

 

 Now my questions is to take out  a member from the organization what are the steps involved? Do we need to give a specific notice follow a specific procedure? Is it required to mention  the text of proposed  motion in the meeting notice? Please comment. Thanks in advance

[Josh Martin]

On 3/14/2024 at 9:48 AM, Jay M said:

Now my questions is to take out  a member from the organization what are the steps involved?

It seems to me your bylaws answer this question. (I am assuming this is the entirety of what your bylaws say on this subject.)

"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."

On 3/14/2024 at 9:48 AM, Jay M said:

Do we need to give a specific notice follow a specific procedure?

Your bylaws do not appear to require a specific notice. As for procedure, your bylaws simply say "This will be determined by a vote of two-thirds (2/3) of the total membership of the Board of Trustees." So I am inclined to think it would be handled in the same manner as any other main motion.

On 3/14/2024 at 9:48 AM, Jay M said:

Is it required to mention  the text of proposed  motion in the meeting notice?

Your bylaws do not appear to require this.

[Jay M]

Thanks Josh for your comments!

[Richard Brown]

On 3/14/2024 at 9:48 AM, Jay M said:

my questions is to take out  a member from the organization what are the steps involved? Do we need to give a specific notice follow a specific procedure? Is it required to mention  the text of proposed  motion in the meeting notice?

 

On 3/14/2024 at 10:02 AM, Josh Martin said:

Your bylaws do not appear to require a specific notice. As for procedure, your bylaws simply say "This will be determined by a vote of two-thirds (2/3) of the total membership of the Board of Trustees." So I am inclined to think it would be handled in the same manner as any other main motion.

I concur with Mr. Martin's response.  The procedure provided for in the bylaws appears to take this particular disciplinary matter out from under RONR's default disciplinary and trial provisions in Chapter XX.   I agree that the member may be removed (or "disqualified") from membership by means of an ordinary main motion without notice.  Giving notice might be prudent and help to ward off a claim that the member was denied due process, but in my opinion, notice is NOT required.

[Jay M]

On 3/14/2024 at 11:18 AM, Richard Brown said:

 

I concur with Mr. Martin's response.  The procedure provided for in the bylaws appears to take this particular disciplinary matter out from under RONR's default disciplinary and trial provisions in Chapter XX.   I agree that the member may be removed (or "disqualified") from membership by means of an ordinary main motion without notice.  Giving notice might be prudent and help to ward off a claim that the member was denied due process, but in my opinion, notice is NOT required.

Thanks Josh for sharing your opinion