Removal of president

[Guest levelan]

Background: One of our board members resigned leaving us with 4 members. We are elected to the board, not to an officer position, so the board decides the position. Two of us want the president to take another position because of her unethical behavior (we really want her to be removed but that is up to the association). My question is, can the president vote on whether she is to be removed from her office?

[Robert B Fish]

Background: One of our board members resigned leaving us with 4 members. We are elected to the board, not to an officer position, so the board decides the position. Two of us want the president to take another position because of her unethical behavior (we really want her to be removed but that is up to the association). My question is, can the president vote on whether she is to be removed from her office?

Perhaps the first question is whether you can remove the president under any circumstances. See FAQ#20

If the circumstances are that you can decide to rescind her election as president, yes she can vote. If she is being removed in a trial, her right to vote is suspended. If you need advice to work through this, you should consider having a parliamentarian (and an attorney) advise you.

-Bob

[Guest levelan]

Perhaps the first question is whether you can remove the president under any circumstances. See FAQ#20

If the circumstances are that you can decide to rescind her election as president, yes she can vote. If she is being removed in a trial, her right to vote is suspended. If you need advice to work through this, you should consider having a parliamentarian (and an attorney) advise you.

-Bob

Bob,

Thanks for your response. So, assuming she can vote and we then have a tie of 2-2, is there any other recourse?

[hmtcastle]

So, assuming she can vote and we then have a tie of 2-2, is there any other recourse?

A tie vote would defeat the motion (to rescind the election). The other recourse is the full-blown disciplinary procedure outlined in Chapter XX.

[Josh Martin]

So, assuming she can vote and we then have a tie of 2-2, is there any other recourse?

If membership on the board is a prerequisite for holding the office of President, you could go to the general membership and have them remove the President from the board. Or you could get that vacancy filled.

But you're making some pretty big assumptions. You should really look carefully at your Bylaws, FAQ #20, and Ch. XX of RONR (if necessary) before proceeding. If there is any uncertainty after all that, consult a parliamentarian and/or attorney. Disciplinary procedures are the kind of thing organizations get sued over for handling them improperly. Don't wade in based on an assumption.