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So the charters are allowed to dictate how the removal is done in the by-laws? That is correct?
I guess this is where the conflict rises. The bylaws of all these schools states that there is an election by the membership for the board of directors, yet it gives a provision in the bylaws for the directors to remove one of their own by just a 2/3 majority vote of the board. Yet what you are saying says that can't happen...but every charter is doing it. I know I am missing something here. Just not sure what it is.
I understand. You didn't muddy. The bylaws allow a provision for the membership to remove board members through that process. It just ALSO allows board members to remove another board member for "just cause" by a 2/3 vote. I did ask someone from the Colorado Charter School Institute and he says that the nonprofit act is a "safety net". Something that applies or can be used IF the bylaws do not have that provision. I do know that being a nonprofit does not affect our public school or charter status. So perhaps that is why. He said the bylaws supersede the nonprofit act. It is confusing...but perhaps that is as much clarification as I will ever get. THANK YOU!