Board Member Removal

[Guest Shaun]

The has called for the removal of a board member. Therefore there will be a meeting for the sole purpose of this removal. Does the chair need a motion and a second before this item can be discussed and acted upon at this meeting? What if he make the motion and no one seconds it?

[Guest Shaun]

Sorry. It should read:

The chair has called for the removal of a board member. Therefore there will be a meeting for the sole purpose of this removal. Does the chair need a motion and a second before this item can be discussed and acted upon at this meeting? What if he make the motion and no one seconds it?

[J. J.]

Sorry. It should read:

The chair has called for the removal of a board member. Therefore there will be a meeting for the sole purpose of this removal. Does the chair need a motion and a second before this item can be discussed and acted upon at this meeting? What if he make the motion and no one seconds it?

You might not be able to remove a board member by motion. Please quote exactly the term on office.

[Guest Shaun]

You might not be able to remove a board member by motion. Please quote exactly the term on office.

Section 4. Removal of Directors.

If a Director is un-excusably absent for four (4) consecutive Board of Director meetings, or their conduct, misconduct or habits are such as to reflect discredit upon the association, or if other good cause exists, the Director may be removed from the Board of Directors by an affirmative vote of two-thirds of the members of the Board of Directors at any regular meeting of the Board or at any special meeting called for that purpose.

The Chair shall present the name for removal; however, no vote for the removal of a Director shall be taken until the Chair has given thirty (30) days written notice to the Director and Board of Directors which will include the reason(s) for removal.

The Director subject to removal will have an opportunity to present or submit to the Board of Directors at or prior to the vote of removal a written or oral statement. If the Director affected is present at the meeting, he/she shall leave the place where the meeting is being held after his/her statement has been submitted and prior to the vote upon the matter of his removal.

The vote for removal shall be taken by secret written ballot.

The notice was given 30 days ago.

[J. J.]

The chair could assume the motion.

[Kim Goldsworthy]

The chair has called for the removal of a board member. Therefore there will be a meeting for the sole purpose of this removal.

Per your cited bylaw, this sounds okay.

Does the chair need a motion and a second before this item can be discussed and acted upon at this meeting? What if he make the motion and no one seconds it?

The "call to meeting" of the special meeting may or may not be complete, in that the explicit language of a motion may or may not have accompanied the call-to-meeting of the special meeting.

Erring on the side of caution, the chair will (probably) have to prompt the assembly for a motion, and a second.

If there is no second, the motion is not before the meeting, and you must adjourn (since special meetings cannot entertain any business other than the business listed with the call-to-meeting).

[Josh Martin]

If there is no second, the motion is not before the meeting

Unless this is a small board (about 12 members or fewer), in which case a second is not required.