Removal of a volunteered position

[Guest Curious2answer]

I am new to Robert's Rules and in my reading of it I could not find a direct answer to the following question.  Can there be a motion to remove someone from a position that is a volunteered position?  Even is said person has not done anything wrong and is solely being attacked for not being liked?  

[Joshua Katz]

What do the bylaws say about this volunteered position?

[Josh Martin]

On 4/13/2024 at 6:17 PM, Guest Curious2answer said:

I am new to Robert's Rules and in my reading of it I could not find a direct answer to the following question.  Can there be a motion to remove someone from a position that is a volunteered position?  Even is said person has not done anything wrong and is solely being attacked for not being liked?  

I think the answer to your first question is "Yes" and the answer to the second question is "Maybe."

Can you please answer the following:

• What is the nature of this position? Is it an officer position? A committee? Something else?
• How is this position appointed?
• What, if anything, do the bylaws or other rules say regarding removal of this position?
• What, if anything, do the bylaws or other rules say regarding the term of office for this position?

[Guest Curious2answer]

The position is head of a committee and they volunteered to do it along with at least 5 committee members.  Our bylaws do not address this position so there is no set term either.  So that is probably where our problems start on how to handle.  The closest thing we have would be in the section on disciplinary action in our bylaws but that is for removing them from club.  Though it does state the executive board will determine if charges are prejudicial to the club or not and whether we go to hearing or not. I attached that section below;

Charges. An individual member may prefer charges against another individual member for alleged misconduct prejudicial to the best interests of the Club. Written charges with specifications must be filed in duplicate with the Recording Secretary together with a deposit of $25.00, which shall be forfeited if such charges are not sustained by the executive board following a hearing. The Recording Secretary shall promptly send a copy of the charges to each member of the board or present them at a board meeting, and the board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the club. If the executive board considers that the charges do not allege conduct which would be prejudicial to the Club, it may refuse to entertain jurisdiction. If the executive board entertains jurisdiction of the charges, it shall fix a date for a hearing by the executive board not less than three weeks nor more than six weeks thereafter. The Secretary shall promptly send one copy of the charges and the specifications to the accused member by registered mail together with a notice of the hearing and an assurance that the defendant may personally appear in his own defense and bring witnesses if he wishes.  

[Atul Kapur]

On 4/16/2024 at 7:07 PM, Guest Curious2answer said:

Our bylaws do not address this position so there is no set term either.  So that is probably where our problems start on how to handle. 

Well there's your problem.

So close this gap and formalize the committee by amending the bylaws or, if your bylaws allow, adopting a motion to create the committee with the details that you want to specify (e.g. number of members, how members and chair are appointed/elected, terms, etc). When you formalize the committee, formally also appoint the members and chair - nothing says you have to appoint the current people.

Yes, this may be more tedious and time-consuming, but it sure seems a lot fairer than railroading a member through a disciplinary process for no good reason.

Edited April 17, 2024 at 01:51 AM by Atul Kapur

[Josh Martin]

On 4/16/2024 at 6:07 PM, Guest Curious2answer said:

The position is head of a committee and they volunteered to do it along with at least 5 committee members.  Our bylaws do not address this position so there is no set term either.

So how was this committee created? Is it in lower-level rules? Was a motion adopted to create the committee?

If this committee was never created by the assembly, the committee doesn’t exist.

If this committee was created by the assembly (either because it was a special committee, because the bylaws have no committees, or because the bylaws authorize the creation of additional standing committees), then persons may be removed from this committee by a 2/3 vote, a majority of the entire membership, or by previous notice. Members of the committee may be removed for whatever reason the assembly pleases.

[Guest Curious2answer]

Thank you both for your responses and explanations.  You have been very helpful.  I will bring this to the boards attention so that we can correct this oversite.  

[Gary Novosielski]

Oversite is a slab or solid concrete layer laid over a prepared ground or as a base for flooring before construction. In contrast, oversight refers to an omission of something during a procedure. It also means "supervision or management." So, both words are correct but don't have the same meaning.

[Richard Brown]

Do your bylaws not say anything about committees? I do not think this is really a matter of discipline, although it’s conceivable that it could be. Normally, removing or replacing committee members is not difficult, but there is also usually some provision somewhere in the bylaws about how committees are created, and how the members are appointed. If we know how the chairman gets appointed we can tell you how he can be removed.