Removal from Office
A Member of the Executive may be removed from office pursuant to this article on the basis that there are reasonable grounds to believe that the Member is unwilling or unable to act in the best interests of the Local and its Members, and the business interests of the Local would be compromised by the Member continuing to serve the Member’s term.
A Meeting to consider a Member of the Executive’s removal from office may be called by the Executive Director of the Society upon receipt of a written request signed by either:
a. the number of Members of the Local required for quorum for a Membership Meeting, as set out in the Bylaws of the Local, which must include members who work in more than one school or worksite, or
b. two-thirds (2/3) of Members of the Council; or
c. two-thirds (2/3) of Members of the Executive,
which written request must identify the Member whose removal is sought and provide reasons for the requested removal.
Upon receipt of a written request, and being satisfied that the request has the requisite support pursuant to article 11.2, and that the requirement that there are reasonable grounds for removal pursuant to article 11.1 is met on a prima facie basis, the Executive Director or designate shall do as follows:
(a) Where the written request is made pursuant to article 11.2(a), schedule a Membership Meeting; where the written notice is made pursuant to article 11.2(b), schedule a Council Meeting; or where the written notice is made pursuant article 11.2(c), schedule an Executive Meeting, such meeting to be scheduled within five (5) working days;
(b) Provide written notice of the meeting to the Member whose removal from office is sought, and ensure that notice of the meeting is provided in accordance with the Bylaws of the Local;
c. Act as chairperson of the meeting where the following process occurs:
i. a representative of those seeking the Member’s removal presents reasons in support of a motion that the Member ought to be removed from office;
ii. the Member whose removal is sought is provided an opportunity to fully respond; and
iii. a vote is conducted by secret ballot.
A vote to remove the Member from the Executive requires the support of either two-thirds (2/3) of the Local’s Members present at the Membership Meeting (which requires quorum), or two-thirds (2/3) of the Members of Council present at the Council meeting (which requires quorum), or two-thirds (2/3) of the Members of the Executive present at the Executive Meeting (which requires quorum.)
A Member who has been removed from office may appeal the decision to the Provincial Executive, by providing a written request to the Executive Director and the President of the Local, or another Member of the Executive if the President is the Member being removed from office, within five (5) working days from the date of the vote to remove the Member from office.
An appeal to the Provincial Executive will be scheduled to be heard at its next regularly scheduled meeting. Provincial Executive shall determine the procedure for the appeal. The issue on appeal is whether the standard required for removal in article 11.1 has been met. The Provincial Executive shall issue a decision and shall confirm the Member’s removal, or confirm the Member’s reinstatement to office accordingly. The decision of the Provincial Executive shall be final and binding on the Local and the Member in question.