7/15/2017 1:27:23 PM
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Section 5: OPA Board Subject: Motion to Remove Director Trendic Msg# 987753
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and if we wan him removed we will not elect him next term
Correct, assuming any director runs again. However, you should be aware that the bylaws also provide a way for the association members to force a referendum on removing a director. If the board removes Trendic, association members can then possibly move to remove those who removed Trendic. It is a high bar, taking 50% of all eligible votes to vote for removal. That means over 4200 YES votes to remove. It is a near impossibility. From the bylaws: (2) For issues for referendum under Section 4.08, removal of a Director under Section 5.12(a), or for amendments to the By-laws under Section 11.01, a petition requires signatures representing at least ten percent (10%) of the maximum number of votes that can be cast. a) A Director may be removed from the Board of Directors by a referendum initiated by a petition under Section 4.07. (1) A single petition may seek the removal of only one Director. A petition to remove a Director is not valid if filed less than one hundred eighty (180) days before the expiration of the Director's term of office. (2) If a petition to remove a Director is filed more than one hundred eighty (180) days prior to the annual meeting of members, a public hearing on the petition shall be held within sixty (60) days. If the petition is filed less than one hundred eighty (180) days prior to the annual meeting, the public hearing may be held at any time up to sixty (60) days prior to that meeting and the ballots for the referendum may be mailed to the members with the ballots for the election of Directors under Section 5.02. (3) The petition shall contain the basis for removal. The Director subject to the removal action shall be permitted to submit statements to be included in the notice of the public hearing on the petition and with the referendum ballots. A statement of position by the Board of Directors shall not be required. (4) Affirmative votes equal to a majority of the total votes that could be cast in the referendum are required to remove a Director. |
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For reference, the above message is a reply to a message where: This is wrong he was elected by the community and if we wan him removed we will not elect him next term |
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