Vote
to Remove Delegate/Director-Officer. A
Delegate/Director-Officer elected by the
voting members of IEEE may be removed,
with or without cause, by vote of the
voting members of IEEE, as follows:
(a)
Within thirty days following
either (i) the affirmative vote
of two-thirds of the votes of
the members of the Board of
Directors, present at the time
of the vote, provided a quorum
is present, on a motion to
remove such
Delegate/Director-Officer, or (ii)
the receipt by IEEE Headquarters
or Operations Center of a
petition signed by at least 10%
of the total number of voting
members of IEEE moving for the
removal of such
Delegate/Director-Officer, a
ballot on such motion shall be
submitted to the voting members of IEEE.
(b)
If a majority of the ballots
cast for or against such
motion are to remove such
Delegate/Director-Officer, such
Delegate/Director-Officer shall
be removed from such positions.
Vote
to Remove Delegate/Director-Officer
of an Organizational Unit. A Delegate/Director-Officer
elected by the voting members of an IEEE
organizational unit may be removed from office,
with or without cause, by a vote of the voting
members of the IEEE organizational unit who
elected that person, as follows:
(a)
Within thirty days following
either (i) the affirmative vote
of two-thirds of the votes of
the members of the Board of
Directors present at the time of
the vote, provided a quorum is
present, on a motion to remove
such Delegate/Director, or (ii)
the receipt by IEEE Headquarters
or Operations Center of a
petition signed by at least 10%
of the total number of voting
members in such an
organizational unit moving for the
removal of such
Delegate/Director, a ballot on such
motion shall be submitted to the
voting members of such an
organizational unit.
(b)
If a majority of the ballots
cast for or against such motion
are to remove such
Delegate/Director, such
Delegate/Director shall be
removed from such positions.
(c)
Bylaws or Operations Manuals
specific to each IEEE
organizational unit may define
any further procedures beyond
this Bylaw I-111.2.
Election Recall. Written ballots will be
valid only when received in an envelope marked
"Ballot" and when the voting member’s
signature is furnished in accordance with the
instructions accompanying the ballot.
Only ballots arriving in IEEE Headquarters or
Operations Center, or received by an
organization delegated by the Executive
Committee, before twelve o’clock noon
on the first working day following the
sixtieth day after the ballots were mailed
(the "final recall election ballot receipt
date") shall be valid. Ballots shall be
checked, opened, and validated and votes shall
be tallied under the actual or delegated
supervision of the Tellers Committee not later
than the fifth working day following the final
recall election ballot receipt date. As
provided in Bylaw I-306.22, the Tellers
Committee shall announce the result of the
tally of the votes no later than the eighth
working day following the final recall
election ballot receipt date in a report to
the Board of Directors signed by the Chair of
the Tellers Committee, a copy of which shall
be sent to the person who is the subject of
the recall election. Subject to Bylaw
I-306.6, the removal of such person shall be
effective 15 days after the date of such report.
Vote to
Remove Assembly-Elected Director. A Director or
Director-Officer elected by the Assembly may
be removed from the position as Director or
Director-Officer, with or without cause, by
affirmative vote of two-thirds of the members
of the Assembly who vote on a motion to remove
such Director or Director-Officer, such
removal to be effective at the time specified
in such motion.
Suspension
by the Board of Directors. An Officer elected by the
Assembly or the voting members may not be
removed from the position as an Officer by the
Board of Directors, but his/her authority to
act as an Officer may be suspended by the
Board of Directors for cause, as follows:
(a)
Cause shall mean conduct that
is determined to constitute a
material violation of the
Constitution, Bylaws, or Code of
Ethics of IEEE, or other conduct
that is seriously prejudicial to IEEE.
(b)
Upon receipt by the members of
the Board of Directors of a
complaint in the form of an
affidavit, notarized and signed
by at least three members of the
Board of Directors, which sets
forth with reasonable
specificity the alleged conduct
of an Officer occurring during
the term as Officer that is
alleged to constitute cause for
the suspension of such
Officer’s authority to
act as an Officer, such complaint
shall be promptly transmitted to
the Ethics and Member Conduct
Committee. In the
discretion of the Board of
Directors, the authority of the
accused Officer to act as an Officer
may be temporarily suspended
pending further proceedings, but
only if the Board of Directors
concludes, by an affirmative vote of
two-thirds of the votes of the
Directors present at the time of
the vote, provided a quorum is
present, on the question, that
the alleged misconduct, if
proven, is so seriously prejudicial
to IEEE that such temporary
suspension pending further
proceedings is necessary in the best
interests of IEEE. The members
of the Board of Directors who
signed the complaint shall not
vote on the question.
(c)
The Ethics and Member Conduct
Committee shall institute
proceedings looking towards the
suspension of such Officer’s
authority to act as an Officer if
the Ethics and Member Conduct
Committee determines, after a
preliminary investigation, that
there is a reasonable basis for
believing (1) that the facts
alleged in the complaint, if proven,
would constitute cause for such
suspension, and (2) that the
facts alleged in the complaint
can be proven. In making such
preliminary investigation, the
Ethics and Member Conduct
Committee may act in its own behalf
or through ad hoc committees
appointed by and under the direction
of the Chair of the Ethics and
Member Conduct Committee.
The Ethics and Member Conduct
Committee shall not be required to
initiate an investigation unless the
persons submitting a complaint
agree in writing to attend any
hearing instituted pursuant to
subdivision (d) of this Bylaw,
if so requested by the accused
Officer or the Ethics and Member
Conduct Committee.
(d)
Any proceedings instituted by
the Ethics and Member Conduct
Committee shall be heard by a
hearing board selected in the
manner provided in Bylaw
I-110.3. Upon instituting
any such proceeding, the Ethics
and Member Conduct Committee
shall furnish the accused
Officer with a copy of the
complaint; shall give notice to
such Officer of the time and
place scheduled for hearing the
complaint; and shall invite the
Officer to present at such time
a defense either in person, in
writing, or by an authorized
representative. The Ethics
and Member Conduct Committee, or
its authorized representative,
shall present the case against
the accused Officer at the
hearing. The hearing board
shall base its decision only on
testimony and other evidence
presented at the hearing.
The accused Officer or the
Officer’s authorized
representative shall have an
opportunity at such hearing to
present testimony and other
evidence and to confront the
evidence supporting the
complaint. A finding by
the hearing board that the
accused Officer’s conduct
constitutes cause shall require an
affirmative vote of a majority
of the votes of the hearing board
members present at the time of
the vote, provided a quorum is
present. All findings by the
hearing board shall be in writing.
(e)
If the hearing board finds that
the accused Officer’s
conduct constitutes cause, the
Board of Directors shall review
the findings made by the hearing
board. The complaint, all
evidence submitted to the hearing
board, and the written findings
of the hearing board shall be made
available to the Board of
Directors. An affirmative vote
of a majority of the votes of
the members of the Board of
Directors present at the time of
the vote, provided a quorum is
present, shall be required to
affirm the hearing board’s
finding that the accused
Officer’s conduct
constitutes cause. If such
a finding is affirmed, a
separate affirmative vote of
two-thirds of the votes of the
members of the Board of Directors
present at the time of the vote,
provided a quorum is present,
shall be required to determine
the period of time during which
the Officer’s authority
to act as an Officer shall be
suspended. The members of the
Board of Directors who signed the
complaint shall not vote on
either of the foregoing questions.
Suspension
of an Officer. An Officer’s
authority to act in any official capacity
shall automatically be suspended for any
period during which his/her authority to
act as an Officer is suspended as
provided in Bylaw I-111.5.
Vote to
Remove a Member of an IEEE Standing
Board or Committee or a Member of a
Board or Committee of an
Organizational Unit. A member of an IEEE
Standing Board or Committee may be removed as a
member of that Board or Committee, with or
without cause, by the affirmative vote of
two-thirds of the members of the appointing
body present at the time of the vote, provided
a quorum is present. A member of a board or
committee of an organizational unit may be
removed as a member of that board or
committee, with or without cause, by either, as
applicable, (i) the affirmative vote of
two-thirds of the members of the appointing
body, present at the time of the vote,
provided a quorum is present, or (ii) the
individual then currently holding the office
that made the appointment.
Vacancies resulting from removal or
suspension shall be filled following the
methodology used to make the original appointment.
Vote
to Remove IEEE Representatives. An IEEE Representative
appointed to an outside organization by the
Board of Directors, Executive Committee, or
major board may be removed from the position
as an IEEE Representative, with or without
cause, by affirmative vote of two-thirds of
the votes of the members of the appointing
body present at the time of the vote, provided
a quorum is present, to remove such IEEE
Representative.
