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Our board is comprised of both Command officers and Support…

Customer Question
Our board is comprised...

Our board is comprised of both Command officers and Support officers. Our command officers have four people president vice president, treasurer, and secretary. We are trying to vote out our president. Does he legally have a right to vote if it is against him?

Lawyer's Assistant: Are you overseas or stateside?

Texas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

The vice president and treasurer want him gone and the county will not renew the 911 contract we have unless he's gone. the secretary is his sister

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
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Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,313
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, all of the board members have a right to vote, including the person being voted out, since you cannot deny him a right given to a board member by virtue of their election to the position. You cannot just take away his right to vote in accordance with your bylaws.

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Customer reply replied 7 months ago
What happens if you have a tie vote?
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Then I am afraid you do not have the votes to get him out. Hopefully, if he is as bad as you are saying that he needs to be removed then hopefully you have enough votes to remove him properly.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Unfortunately half the board is his family.
Customer reply replied 7 months ago
Since the board is comprised of his sister-in-law and brother-in-law would that be a conflict of interest?
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Unfortunately, if they were put on the board properly knowing they were all related, then you cannot remove them. This is a typical problem with a family controlled board and getting rid of anyone is usually near to impossible and it can cause the whole entity to fall apart because nothing can legally be done other than going to court to seek to dissolve because of the internal conflict.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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