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removal of officer


Guest ron

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Our bylaws state that a two-third's vote is necessary to remove a board member for cause from office; Our bylaws are silent on removal of an elected executive officer of the board; Does it follow that the removal of an officer also takes a two-third's vote?

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Our bylaws state that a two-third's vote is necessary to remove a board member for cause from office; Our bylaws are silent on removal of an elected executive officer of the board; Does it follow that the removal of an officer also takes a two-third's vote?

It would seem that "an elected executive officer of the board" is a member of the board so the rule would apply.

Unless you want to remove him as an officer but leave him on the board. In which case see FAQ #20 and Chapter XX.

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Our bylaws state that a two-third's vote is necessary to remove a board member for cause from office; Our bylaws are silent on removal of an elected executive officer of the board; Does it follow that the removal of an officer also takes a two-third's vote?

Let my put my crystal ball to work, here . . . . . -_-:o

Crystal ball says:

Probably, your officers are NOT elected by the general membership, but are elected by the board of directors, at their initial meeting of a new term of office.

Is this the case for you?

If this is the case, then the rule probably is a BOARD-based rule, and NOT a rule which will apply to GENERAL MEMBERSHIP.

(The gen. mem. never gets a chance to directly elect the officers of the organization.)

That is, the rule applies to the BODY WHO DID THE ELECTING OF OFFICERS DIRECTLY.

And the body who does the electing of the members of the board, retain control of removal of those people which they elected.

Is my crystal ball's guess on the money? ;)

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Our bylaws state that a two-third's vote is necessary to remove a board member for cause from office; Our bylaws are silent on removal of an elected executive officer of the board; Does it follow that the removal of an officer also takes a two-third's vote?

It is up to your organization to interpret its own Bylaws. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.

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