Friday, May 15, 2009

How can we get rid of officers we don't like before their term is up?

If the bylaws just state a fixed term for the officer, such as "three 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 Board 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.

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other wording explicitly indicating that the officer may be removed before the term expires, then the election can be rescinded and a successor then elected for the remainder of the term.

If the bylaws themselves establish a procedure for removal from office, that procedure must be followed.

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