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IGNORED BYLAWS


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Our president ignores the bylaws when it comes to making decisions. He gives authority to whomever and does not bring things up for a vote in the proper manner. When he is questioned about the decisions he makes, he states "he is not being respected" There are 5 voting members on our executive board, excluding the President who only votes in case of a tie. One of our board members is out of town on business and will be unavailable for several weeks. There are 2 board members who keep trying to do things based on the by-laws and 2 who agree with the way the President is handling things. What do you do in a situation like this. Our by-laws indicate the President "Presides" - the executive board has the final approval. What can be done about this situation - things have gotten out of hand and if we do not get on the same page, it will affect the future of our youth program. I have recommended that we attend a neutral business program together so that we can learn better ways of operating but no one wants to attend. If it boils down to disbanding the organization, what needs to be done. Is there a way of getting rid of the President without a majority vote?

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If it boils down to disbanding the organization, what needs to be done.

If this is an incorporated society, consult a lawyer. If it is an unincorporated society, a resolution to dissolve the society requires the same procedure as a motion to amend the Bylaws, as this is effectively a motion to rescind the Bylaws. This should be combined with resolutions to dispose of the society's assets. See RONR, 10th ed., pgs. 546-547 for more information.

Is there a way of getting rid of the President without a majority vote?

No, unless your Bylaws provide for a method to remove an officer with less than a majority vote (which would be highly unusual - and such a motion often requires a higher voting threshold). See FAQ #20 and check your Bylaws for the method of removing an officer.

I would note, however, that the authority to remove an officer typically resides with the general membership, so the fact that your President has some supporters on the Executive Board may be irrelevant.

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