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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Our charity committee elects its own chair. This time the

Customer Question

Our charity committee elects its own chair. This time the vote was equally split between two candidates and the President had the casting vote. Several weeks later and those that voted for the "loser" have raised a vote of no confidence (with no grounds except a different - modern and democratic way of doing things) and intend to replace the chair with their candidate. They seem totally prepared to see the committee disintegrate with this vote of theirs - on their terms and give not a jot about the several hundred members and a rapidly approaching biannual conference. Is this legal? No mention of his not being fine as a committee member or trustee, but a half committee resignation would result. Surely by staying on the committee after the election they had "promised" to work as a team? Help!
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Should say elects after the AGM.
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?
Alex

Customer: replied 6 months ago.
I am confused about costings: this is mixed up in a "free week" offer and I am an unpaid volunteer on this committee.Achieve? That the charity isn't blown apart by half a committee resigning because three others plus their nominee (deputy chair) have decided this is a legitimate route to force their result after a democratic vote.
Expert:  Ash replied 6 months ago.

Sadly I can only help you with the legal question, customer services may be better placed to answer any 'free week questions'.

I just need to understand what you need to know from me about this please?
Alex

Customer: replied 6 months ago.
1) is it legal to raise a vote of no confidence in a democratically elected chair several weeks after his election with tenuous grounds that do not go against the constitution or the role of a democratic chair - just because their choice didn't win; nothing in the constitution I attached on such things
2) is there a better way? the three of them stayed on the committee so must, as trustees, have some responsibility to work with the elected chair having stayed at the time
Expert:  Ash replied 6 months ago.

1) Yes you can raise a vote, but you would need a majority to pass it. Its a valid vote. They need to give notice but they can table the motion, just like they can in Parliament.

2) There is no better way, I understand what you are saying about three of them on the committee. But you can also have a resolution passed to say that once there is the vote of no confidence it cant be held again.

But the person can bring a motion to the table - the rules allow it.

Can I clarify anything for you about this today please?
Alex

Customer: replied 6 months ago.
What sort of motion could he bring?
Would it be a membership vote or a committee vote?
Would the Chair have a vote of his own (no confidence being against him)?
Expert:  Ash replied 6 months ago.

1) Motion that the committee be disbanded and re-elected

2) Membership

3) Yes the chair would if a member (and I am assuming he would be)

Does that clarify?
Alex

Customer: replied 6 months ago.
even though his position as Chair is what is under scrutiny in the vote of no confidence and he is elected to that post by the committee - and to the committee by the membership - it requires a membership vote of no confidence to deal with this situation? Just seeking confirmation.
Expert:  Ash replied 6 months ago.

Correct.

Does that clarify?
Alex

Customer: replied 6 months ago.
Very nearly. Does the vote need to conform with the constitution ie. physical presence at an EGM? Or can an electronic ballot be called by the committee? Thanks.
Expert:  Ash replied 6 months ago.

No, it needs to be as per constitution, physical at EGM

Does that clarify?
Alex

Expert:  Ash replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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