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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).