Sometimes removing a member from the board of management before his or her term is up becomes a necessary action. It is essential that the board functions well so, like it or not, one day you might have to take some action against a problem member.
Whether it is a disciplinary issue or the person is causing trouble, if he or she does not wish to resign, there is a process that you must follow for removal to take place.
First of all, you will need to consult your organisation’s rules or constitution. There may be a specified process for you to follow. If not, you will be required to follow the Model Rules set out in the incorporation procedures for your state.
If you are using the model rules, you will be required to hold a special general meeting where members vote for or against the proposed removal of the member. It is important that the member under consideration is given the opportunity to present his or her side of the story. Your members need to be able to make a properly considered vote.
Following the rules is vital if you want the result to be legal; otherwise the result could be open to challenge through the court system.
Hopefully your committee does not have to reach this point. As with any conflict situation you should begin with an open discussion of the issues with a view to resolution. You may also call on a mediator to manage your process and lead you to a mutually agreed outcome.
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