JackP4 (California)
Posts: 20
Posts: 20
Posted:
We are going out with pettions and someone said should the sheet say recall or remove? D/S says both--
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remove or recall?
Started by JackP4 • 8 replies • 1284 views
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RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Follow the link below.
http://www.davis-stirling.com/tabid/1866/Default.aspx#axzz3kQjlhAwY
http://www.davis-stirling.com/tabid/1866/Default.aspx#axzz3kQjlhAwY
JackP4 (California)
Posts: 20
Posts: 20
Posted:
that is the template that we used, but in some places in the info about recall it said remove and we want to get this right!!!
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
IMO, the proper terminology that should be used is Recall.
Being I don't have access to your Bylaws, if you have cumulative voting, 99% of the time, you need to recall or remove the whole Board. You will also need to have an election at the very same time. The individuals being recalled, can be re-elected on the same ballot. Make sure you have a winning team going in.
So in the space on the template that is blank you would put the recall and/or removal of the current Board of Directors and the election of a new Board of Directors.
Being I don't have access to your Bylaws, if you have cumulative voting, 99% of the time, you need to recall or remove the whole Board. You will also need to have an election at the very same time. The individuals being recalled, can be re-elected on the same ballot. Make sure you have a winning team going in.
So in the space on the template that is blank you would put the recall and/or removal of the current Board of Directors and the election of a new Board of Directors.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Use both. The purpose of the recall is to remove the directors.
MarkM31 (Washington)
Posts: 351
Posts: 351
Posted:
In ordinary usage, recall is what a general body does, like a HOA recalling a member of the board. Removal is what the board would do to one of it's officers elected by the board.
But they can easily be considered synonyms.
But they can easily be considered synonyms.
MarkM31 (Washington)
Posts: 351
Posts: 351
Posted:
It can also be thought of as a recall requires a special election of some sort. A removal is the result of normal actions by a body. Since officers serve at the pleasure of the board, they can be removed at any time thru normal board functions.
I hope this all helps.
I hope this all helps.
JackP4 (California)
Posts: 20
Posts: 20
Posted:
thank you all for the help, we just want to get this right the first time
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Jack
I should never post when it has to do with CA but:
Typically, if recalling BOD Member(s) at a Special Meeting then there must also be an election at that meeting for those replacing them.
Recalls are very difficult and easily challenged. Many find it easier to mount an election campaign and replace existing BOD Members come election time. One method is to gather enough proxies to carry the day for specific candidates.
I should never post when it has to do with CA but:
Typically, if recalling BOD Member(s) at a Special Meeting then there must also be an election at that meeting for those replacing them.
Recalls are very difficult and easily challenged. Many find it easier to mount an election campaign and replace existing BOD Members come election time. One method is to gather enough proxies to carry the day for specific candidates.
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