Guest Jerry Posted January 17, 2011 at 11:24 PM Report Share Posted January 17, 2011 at 11:24 PM Have read your reponse to question 20, re: removing officer before term is up. Not sure how to interpret it in our by-laws which state:"The term of office for each officer shall be 2 years following the date of installation OR until the new officers are installed." Am I understanding correctly that because the OR in in there, we DON'T have to go through formal disciplinary proceedings. Link to comment Share on other sites More sharing options...
Robert B Fish Posted January 17, 2011 at 11:30 PM Report Share Posted January 17, 2011 at 11:30 PM Have read your reponse to question 20, re: removing officer before term is up. Not sure how to interpret it in our by-laws which state:"The term of office for each officer shall be 2 years following the date of installation OR until the new officers are installed." Am I understanding correctly that because the OR in in there, we DON'T have to go through formal disciplinary proceedings.Quote: If the bylaws provide that officers shall serve "for __ years or until their successors are elected," the election [page 643] of the officer in question can be rescinded and a successor can thereafter be elected for the remainder of the term. The vote required for removing the offender from office in such a case is the same as for any other motion to Rescind. [page 642 to 643]The vote requirements to rescind the election would be a 2/3 vote without notice, majority vote with notice, or a majority of the entire membership.-Bob Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 17, 2011 at 11:32 PM Report Share Posted January 17, 2011 at 11:32 PM Have read your reponse to question 20, re: removing officer before term is up. Not sure how to interpret it in our by-laws which state:"The term of office for each officer shall be 2 years following the date of installation OR until the new officers are installed." Am I understanding correctly that because the OR in in there, we DON'T have to go through formal disciplinary proceedings.It would be up to you all to interpret the language in the bylaws to determine if formal disciplinary proceedings are necessary. See RONR pp. 570-573 for help with that. Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 17, 2011 at 11:38 PM Report Share Posted January 17, 2011 at 11:38 PM Quote: If the bylaws provide that officers shall serve "for __ years or until their successors are elected," the election [page 643] of the officer in question can be rescinded and a successor can thereafter be elected for the remainder of the term. The vote required for removing the offender from office in such a case is the same as for any other motion to Rescind. [page 642 to 643]The vote requirements to rescind the election would be a 2/3 vote without notice, majority vote with notice, or a majority of the entire membership.-BobI would tend to view it that way. However, the language the organization's bylaws uses (installed rather than elected) varies enough from what RONR and FAQ #20 say that I think it might warrant interpretation. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 17, 2011 at 11:46 PM Report Share Posted January 17, 2011 at 11:46 PM Have read your reponse to question 20, re: removing officer before term is up. Not sure how to interpret it in our by-laws which state:"The term of office for each officer shall be 2 years following the date of installation OR until the new officers are installed." Am I understanding correctly that because the OR in in there, we DON'T have to go through formal disciplinary proceedings.Yes, that's the OR that FAQ #20 is talking about. If they bylaws specify a term of office AND the election of successors, then both of those things have to happen, the election AND the passage of time. But if the bylaws say a term of office OR the election of successors, then either one is enough--so a successor can be elected before the term runs out.But (for some reason) RONR specifies that you have to rescind the old election of that person before you can have a new one. It sounds like you could just elect a new person, but no. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 17, 2011 at 11:51 PM Report Share Posted January 17, 2011 at 11:51 PM I would tend to view it that way. However, the language the organization's bylaws uses (installed rather than elected) varies enough from what RONR and FAQ #20 say that I think it might warrant interpretation.I tend to agree with this caveat, but interpretation is the wild card here, especially since RONR uses its language in quotes (suggesting the exact wording to be used). I've seen a number of bylaws that do use this exact language, but that may not even be persuasive.Jerry - is there some sort of "installation" procedure that newly elected officers go through, above and apart from the election process? Link to comment Share on other sites More sharing options...
Guest Jerry Posted January 18, 2011 at 03:21 AM Report Share Posted January 18, 2011 at 03:21 AM I tend to agree with this caveat, but interpretation is the wild card here, especially since RONR uses its language in quotes (suggesting the exact wording to be used). I've seen a number of bylaws that do use this exact language, but that may not even be persuasive.Jerry - is there some sort of "installation" procedure that newly elected officers go through, above and apart from the election process? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 18, 2011 at 05:39 AM Report Share Posted January 18, 2011 at 05:39 AM But (for some reason) RONR specifies that you have to rescind the old election of that person before you can have a new one.Possibly because combining the two motions into one is more likely to look like a coup than a legitimate complaint about the current officer's performance, and is likely to get the members into the mindset of comparing the officer with his proposed replacement rather than focusing on the charges. It is possible to combine the two motions, but this would require a suspension of the rules and previous notice of the election to fill the vacancy. Link to comment Share on other sites More sharing options...
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