By Gabe Griffith, CCB Constitution and Bylaws Committee Chair
Since this article is lengthy we wanted to provide it to you here to be able to get an idea of what will be presented at the Spring 2017 CCB conference and convention. The Constitution and Bylaws Committee appreciates your input. You can give us your thoughts on this proposed amendment by emailing Gabe Griffith at gabrielgriffith@gmail.com or by calling 925-768-8195.
Thank you.
Proposed Amendment
Section 10.11 -- Censure, Suspension, and Removal of Officers and Directors
10.11.1 General -- An officer or director of the Council may be censured, suspended, or removed for cause: a documented breach of the CCB Constitution and Bylaws, or of the written policies established by the Board of Directors including:
10.11.1.1 Policy Regarding Expectations, Roles, and Responsibilities for Members of the Board of Directors;
10.11.1.2 Confidentiality Policy;
10.11.1.3 Policy Regarding Conflicts of Interest and Discharge of Duties;
10.11.1.4 Any policies subsequently adopted by the Board of Directors.
10.11.2 Conditions:
10.11.2.1 A censure may be issued for a first-time breach of the Constitution and Bylaws or of existing Board policy while suspension or removal may be imposed for what the Board deems as an extreme breach, or repeated breaches of the Constitution and Bylaws or of existing Board policy regardless of whether such breach(es) represent a first-time violation.
10.11.2.2 An officer or director may not be censured, suspended, or removed for behavior such as expressing strong disagreement or arguing for an unpopular position.
10.11.3 Censure -- The Board of Directors may censure an officer or director between conventions or at the Board meeting scheduled during the annual convention by a two-thirds (2/3) roll call vote. When an officer or director is censured, he/she will be given written notice that should the offending behavior continue, or a separate breach of the Constitution and Bylaws or of existing Board policy occur, suspension and/or removal may result.
10.11.4 Suspension
10.11.4.1 The Board of Directors may suspend an officer or director between conventions or at the Board meeting scheduled during the annual convention for an extreme breach or repeated breaches of the Constitution and Bylaws or of existing Board policy by a two-thirds (2/3) roll call vote. Upon imposition of a suspension, the suspended officer or director forfeits the right to vote as a member of the Board, to participate in Board deliberations, or in any other way to be a part of Board communications.
10.11.4.2 A suspension must be referred to the membership for ratification at the next scheduled convention following the Board meeting at which such action was taken. Ratification of a suspension will be by a two-thirds (2/3) vote of the membership. In no event, shall a suspension be longer than one year from the date of its ratification by the membership.
10.11.5 Removal
10.11.5.1 The Board of Directors may suspend an officer or director with recommendation for removal between conventions or at the Board meeting scheduled during the annual convention for a breach or repeated breaches of the Constitution and Bylaws or of existing Board policy that, in the opinion of the Board, is so egregious as to warrant such removal. A two-thirds (2/3) roll call vote of the Board will be required for such recommendation.
10.11.5.2 Removal of an officer or director must be referred to, and upheld by, a two-thirds (2/3) vote of the membership at the next scheduled convention following the Board meeting at which such action was taken. The convention must receive notice of the impending vote at least 24 hrs. in advance of such vote.
10.11.5.3 If an officer or director is so removed, a replacement will be elected in accordance with the provisions set forth elsewhere in this constitution. The replacement officer or director shall serve the unexpired term of the removed officer or director. A president so removed shall not serve as immediate past president.
10.11.6 Causes for Removal of An Officer or Director -- In addition to the causes referenced in 10.11.1, an officer or director may be removed for one or more of the following causes, or multiple breaches of the same cause:
10.11.6.1 Failure to attend three-quarters (3/4) of scheduled Board meetings called in any 12-month period;
10.11.6.2 A documented breach of ethics or conflict of interest;
10.11.6.3 Employment with the Council;
10.11.6.4 Repeated discourtesy or disrespect shown toward other Board members, or members of the Council;
10.11.6.5 Repeated failure to adhere to Robert's Rules of Order.