Our organization is currently investigating how to remove an officer from their position.
I have pasted a copy of our current by-laws referring to Officers and their election. We use Roberts Rules for this organization and we want to make sure that we follow the correct procedures. I have read the articles pertaining to this, but I am still unsure we are completly in-tune with the proper procedure. Can we just have a 2/3rd vote to remove this officer? Does it need to be brought up at one meeting then voted on at the next? Does there need to be a formal investigation? The officer wanting to run the organization as though they are in charge and everyone has to do what they say, rather than the proper process and is making our organization look disfunctional. Additionally members and officers are quitting to to this officers antics.
ARTICLE V-OFFICERS AND THEIR ELECTION
Section 1.
(a) The officers of this organization will consist of a President, Vice-President –Fundraising, Vice- President –Events, Secretary and Treasurer.
(b) A person shall not be eligible to serve no more than one (1) two year term in the same office, or an office previously held, unless there is no other candidate for that office.
© A person may seek candidacy for only one (1) office.
(d) Officers shall be elected by ballot bi-annually in the last scheduled meeting of the school year as follows: In the even years, the President and Treasurer shall be elected
In the odd years, the Vice-President –Fundraising, Vice-President – Events and Secretary shall be elected.
(e) Officers shall assume their official duties following the close of the last scheduled meeting of the school year.
Section 2. In March of an election, a Nominating Committee shall be formed.
(a) A nomination ballot shall be distributed to all parents and teachers in the month of March.
(b) Individuals may nominate themselves or be nominated by someone else.
© The Nominating Committee shall contact all nominees and obtain their consent for their names to be placed on the ballot.
(d) No nominations will be accepted after the April meeting of the organization. At least two (2) weeks prior to the May meeting, a list of nominees will be distributed.
(e) It shall be the responsibility of the Nominating Committee to verify that each nominee has attended four (4) meetings, or attended two (2) meetings and volunteered at two (2) events during the present school year.
(f) It shall be the responsibility of the Nominating Committee to verify that each nominee is a member in good standing with no outstanding debt to the P.T.O.
Section 3. In the case of a vacancy occurring in any office, a Special Election shall be held.
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According to the below there are two ways. My question is, which way do we follow? I think option #1 must be followed, but I am not 100% certain. If so, it looks to be a long drawn out process. Should the members and officers call for their resignation and if they choose not to resign, then proceed with the "formal disciplinary proceedings, which involve the appointment of an investigating committee, preferral of charges by such a committee, and the conduct of a formal trial"?
Question 20:
How can we get rid of officers we don't like before their term is up?
Answer:
1) It depends. If the bylaws just state a fixed term for the officer, such as "two years," or if they say the officer serves for a specified term "and until [the officer's] successor is elected" (or words to that effect), then the group must use formal disciplinary proceedings, which involve the appointment of an investigating committee, preferral of charges by such a committee, and the conduct of a formal trial. The procedure is complex, and should be undertaken only after a careful review of Chapter XX of RONR.
2) On the other hand, if the bylaws state a term for the office but add "or until [the officer's] successor is elected," or contain other wording explicitly indicating that the officer may be removed before the term expires, then the election can be rescinded (see Chapter 7 of RONR In Brief) and a successor then elected for the remainder of the term.
Of course, if the bylaws themselves establish a procedure for removal from office, that procedure must be followed. [RONR (10th ed.), p. 642-43.]