45 replies to this topic

[B_Hanlon]

A league has 8 BOD's and requires a 75% vote to remove a Director.

They are trying to calculate how to define the numbers.

Does the individual that they would like to remove get a vote?

The league prez only votes as tie-breaker so this guys vote could be significant.

Also, does the LP count towards the 75% or is that the voting body? 

[Mike_Hirschman]

The president would never have a vote. What kind of tie is he breaking?

 

Do you have eight BOD including president or eight plus the president?

[Lou Barbieri]

"The league prez only votes as tie-breaker"
Is that specified in their Constitution or is that "just the way it has always been"?

Lots of people think Presidents only vote to break a tie - that is Not True !!!
Per Roberts Rules, the president, just like any BOD member, can vote on any item.
That said, if the president's vote "results in the vote being a tie" then the president cannot "vote again" to break the tie (the president doesn't get two votes).

So, for example, there are 10 members at a meeting.
There is a vote and it's 5-4 but the President sides with the 4.
So, the President votes and it ends up 5-5 and the item does not pass.
Now, if there were 11 and it was 5-5 the President could vote to break the tie or could abstain and leave it at 5-5.

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For leagues that use the Sample/Recommended/Standard LL Constitution here is what it says:
Suspension or Termination:
Membership may be terminated by resignation or action of the Board of Directors as follows:
(a) The Board of Directors, by a two-thirds vote of those present at any duly constituted Board meeting, shall have the authority to discipline or suspend or terminate the membership of any Member of any class, including managers and coaches, when the conduct of such person is considered detrimental to the best interests of the Local League and/or Little League Baseball, Incorporated. The Member involved shall be notified of such meeting, informed of the general nature of the charges and given an opportunity to appear at the meeting to answer such charges.
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In your case you have 8 members and a 75% vote needed to remove a Director.
First, what is the requirement for a BOD meeting quorum?
So, you call a meeting and you make sure you have a Quorum.
Now, you need a 75% vote of the BOD Members present at that meeting to remove the Director.
If your Constitution does not say the individual involved does NOT get a vote then he/she gets a vote (in my opinion).
One could argue he/she has a conflict of interest and maybe you could "not allow" him/her to vote based on that but that might be arguable.
The individual could probably argue the BOD Member "bringing the charges" also has a conflict of interest so he/she shouldn't get a vote!

[B_Hanlon]

Thanks, passed the info along for them to fill in the blanks.
Very helpful!

[richives]

"The league prez only votes as tie-breaker"
Is that specified in their Constitution or is that "just the way it has always been"?
Per Roberts Rules the president is NOT limited to vote only to break ties.
Per RR the President, just like any BOD member, can vote on any item.
That said, if the president's vote "results in the vote being a tie" then he/she can not "vote again" to break the tie.

So, for example, there are 10 members at a meeting.
There is a vote and it's 5-4 but the President sides with the 4.
So, the President votes and it ends up 5-5.
Item does not pass.
Now, if there were 11 and it was 5-5 the President could vote to break the tie or could abstain and leave it at 5-5.

============
For leagues that use the Sample/Recommended/Standard LL Constitution here is what it says:
Suspension or Termination:
Membership may be terminated by resignation or action of the Board of Directors as follows:
(a) The Board of Directors, by a two-thirds vote of those present at any duly constituted Board meeting, shall have the authority to discipline or suspend or terminate the membership of any Member of any class, including managers and coaches, when the conduct of such person is considered detrimental to the best interests of the Local League and/or Little League Baseball, Incorporated. The Member involved shall be notified of such meeting, informed of the general nature of the charges and given an opportunity to appear at the meeting to answer such charges.
=====================================

In your case you have 8 members and a 75% vote needed to remove a Director.
First, what is the requirement for a BOD meeting quorum?
so, you call a meeting.
You make sure you have a Quorum.
Now, you need a 75% vote of the BOD Members present at that meeting to remove the Director.
If your Constitution does not say the individual involved does NOT get a vote then he/she gets a vote (in my opinion).
One could argue he/she has a conflict of interest and maybe you could "not allow" him/her to vote based on that but that might be arguable.
The individual could probably argue the BOD Member "bringing the charges" also has a conflict of interest so he/she shouldn't get a vote!

 

Doesn't need to be a board member.

[Lou Barbieri]

True, anyone could be the person making the complaint.
All I was trying to point out is if "conflict of interest" was going to be used as a reason for dis-allowing the individual to vote that that can be a double-edged sword.
What someone may think is a "conflict of interest" another may not.
It's better to just not go down that road.

[Jeremy]

Annual meeting is right around the corner, what could be so detrimental that they can't wait to just not vote him onto the new board?

Are they also trying to remove his league membership or just removing him from the BoD?

[richives]

Annual meeting is right around the corner, what could be so detrimental that they can't wait to just not vote him onto the new board?

Are they also trying to remove his league membership or just removing him from the BoD?

The membership could vote him back on.
If the member is a significant problem do it now, revoke his membership, and he will then not be eligible to be a candidate for the board.

[Lou Barbieri]

Rich is correct, if the person is that big of a problem, don't just vote him/her off the Board, revoke his/her membership.
That way he/she is not eligible to run for the BOD or even vote in your next election.

[Jeremy]

But if there's an empty spot after the election is over the new BoD could vote him back on no matter if he was a member or not.

If what he did was so bad I don't see how he would get back on either way you go about it.....I just think if it's something like he just brings a bad vibe to the meetings or talks out of turn, let the voting process handle it....I'm just trying to figure out what he could have done at this point in the season for the board to want to take action and be scared the general membership wouldn't take the same action.......I've been part of a league that has denied many people membership just because they feared the people had votes to get on the board the following year.....I was denied membership in 2011 & 2012 so I went to ASA for two years, in 2013 I was voted on the board because of a vacancy and was the President of the league in 2014.

[Lou Barbieri]

Most of the time the general membership knows very little, if anything, about what goes on with the board/at board meetings.

I'm generally not in favor of things like this but it depends on what the person did.
In some cases revoking a membership is the right thing to do.

By the way, if there is a opening on the board the person appointed/elected to it must be a member of the league in good standing.
You can't put non-members on your BOD.

That said, the BOD could vote to make the person a member and subsequently vote to elect him/her to the open position on the Board (don't forget the background check).

[Jeremy]

Article VI, Section 3 of the constitution.

You told me years ago on Facebook about that and even gave an example of a league that needed a secretary and a person who was good at that job who just moved to town....They're not a member in good standing, but why wouldn't you let them take the job if it needs to be filled?

So in my case they made me a member for the new season/year of 2013 and then right after that put me on the board because there was a vacancy.

[richives]

But if there's an empty spot after the election is over the new BoD could vote him back on no matter if he was a member or not.

 

 

No - they can't. You have to be a member.

 

And unless you have a really really strange league most of the new board will be the old board and they won't vote someone in that they just voted out.

[richives]

...I've been part of a league that has denied many people membership

 

How do they do that if you meet the criteria?

[Lou Barbieri]

Rich: "How do they do that if you meet the criteria?"
Here's how.

From the LL Sample Constitution:
Regular Members of the league automatically include all current Managers, Coaches, Volunteer Umpires, Board Members, Officers of the Board and any other person who is recognized by the Board as a volunteer in the Local League, including those volunteers with the following titles listed below (Optional examples: Team Parent, Field Maintenance, District Administrator, Assistant Administrators, etc.):
___________________ ___________________ ___________________

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So, they leave the spaces "blank" which means, other than Board Members, managers, coaches and volunteer umpires all other "members" are up to who the Board wants to approve!
Boards that want "control" approve very few/maybe none!
They won't approve anyone they think has "opposing views".
That allows them to "control" who gets to vote in next year's election!

It happens, unfortunately.

[Jeremy]

Sorry Lou, it was Manny who gave that example.


http://www.forumforp...rd/3877524868/0

[Lou Barbieri]

Jeremy, no problem.
A few years ago in my old league the Treasurer moved during the season.
They had a local accountant whose son played in the league and he was willing to take the position.
The BOD voted to make him a member and he filled out a Volunteer Application.
They did the background check and at the next BOD Meeting they elected him to the Board to take over as Treasurer.

[Lou Barbieri]

First question first, Yes, a league President may manage an All Star Team, if approved by the Board Of Directors and subsequently approved by the District Administrator.
Some (many/most?) DAs ask that all other managers/coaches sign an affidavit stating they do not want to manage the team before he/she approves the President as the manager.

The method of selecting your All Star Team(s) should be described in your By-Laws/Local Rules.
There are leagues that allow the manager to pick the team.
That said, the vast majority of leagues have some sort of voting/selection system.

So, it just depends on your By-Laws/Local Rules.

Questions:
What is the "select" 9s team (as opposed to the 8-10 or 9-11 All Star team)?
Did the other managers get to pick their teams?

====================
PS: Maybe you should run against him for President next year!