Executive Board Removing an Elected Official

[Guest aver]

Last week the interim president (as elected by the board) brought to our group a question of our VP's (who was removed as interim president by the board through a vote of no confidence) integrity and ability to perform his duties. Our group voted on forming a committee to investigate his claims. Two days later, at the executive meeting, the board voted the VP out of office either through a vote of no confidence or through rescinding the group's election of the VP last spring. None of these issues are addressed in our bylaws other than the VP shall perform the duties of President in the absence of one.

My questions are: Did the board have the right to conduct a vote of no confidence?

Can an executive board rescind an election?

Can an executive board make a decision that basically makes a group's prior decision pointless?

[Robert B Fish]

Last week the interim president (as elected by the board) brought to our group a question of our VP's (who was removed as interim president by the board through a vote of no confidence) integrity and ability to perform his duties. Our group voted on forming a committee to investigate his claims. Two days later, at the executive meeting, the board voted the VP out of office either through a vote of no confidence or through rescinding the group's election of the VP last spring. None of these issues are addressed in our bylaws other than the VP shall perform the duties of President in the absence of one.

My questions are: Did the board have the right to conduct a vote of no confidence?

Can an executive board rescind an election?

Can an executive board make a decision that basically makes a group's prior decision pointless?

In order to get a solid answer, you need to provide a better description of the powers of your organization's executive board set forth in your bylaws.

In general, however, even if the bylaws say the board has power to act for the organization between meetings, they do not have the power to overturn decisions of the membership. [p466]. Also read Official Interpretation 2006-12 and -13.

Unless your bylaws provide for the position of interim president, you cannot elect a person to such office.

-Bob

[Trina]

....

at the executive meeting, the board voted the VP out of office either through a vote of no confidence or through rescinding the group's election of the VP last spring.

....

Well, who is 'the group'? If it's not the board (general membership, maybe?), it is highly unlikely that the board can rescind the election (failing some special bylaws provision giving the board such authority). Please take a look at the Official Interpretations cited by Mr. Fish.

This business of kicking people out of office via a 'vote of no confidence' isn't from Robert's Rules... so, if there isn't something in the bylaws describing such a process, those actions were probably nonsense also.

[hmtcastle]

Did the board have the right to conduct a vote of no confidence?

See also FAQ #7, "What is a vote of no confidence?".

[Josh Martin]

Did the board have the right to conduct a vote of no confidence?

Yes, but it doesn't do what they think it does. It's just the board formally expressing that it has no confidence in the individual to perform the duties of office. It doesn't actually remove them from office.

Can an executive board rescind an election?

Only if the Bylaws give them that authority.

Can an executive board make a decision that basically makes a group's prior decision pointless?

Only if the Bylaws give them that authority - and if they do, it sounds like you would like to amend the Bylaws to take that authority away. I don't blame you.

[Larry Cisar]

Disciplinary area matters should be approached with great fear. All the procedures need to be followed exactly or major trouble for the organization may follow. Without knowing the bylaws of the organization, it is impossible to say whether things were done correctly or not.