01-24-2015, 09:53 AM
"Finally we're getting a checks and balances w/the brand new HRC. The other 3 resigned recently, coincidentally after a lot owner and former HRC member, questioned the board about the validity of HRC's actions since they had broken bylaws. The newest board members responded to these questions which prompted what occurred at the last board mtg. Someone who attended the mtg told me that all actions by the HRC was voted null and void by the board. If this is true, does that mean any hirings during the previous HRC's tenure is also null and void? (emphasis added)
If the Board did as asserted, it was acting within the Bylaws:
"ARTICLE X – COMMITTEES, Section 1. Committee Scope and Authority. The board, ... may designate and appoint one or more committees, which committees shall have such scope and authority as shall be delegated to them by the appointing body through said resolution; provided, however, that actions and decisions of such committees shall be subject to the approval of the appointing body. ... In any event of conflict between the appointing body and its committees, the decision of the appointing body shall prevail."
However, if the Board voted to declare all actions by the HRC "null and void", it would include the job descriptions advertised in the HTH. Therefore, the entire process to replace the three fired employees will have to start again from the beginning.
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If the Board did as asserted, it was acting within the Bylaws:
"ARTICLE X – COMMITTEES, Section 1. Committee Scope and Authority. The board, ... may designate and appoint one or more committees, which committees shall have such scope and authority as shall be delegated to them by the appointing body through said resolution; provided, however, that actions and decisions of such committees shall be subject to the approval of the appointing body. ... In any event of conflict between the appointing body and its committees, the decision of the appointing body shall prevail."
However, if the Board voted to declare all actions by the HRC "null and void", it would include the job descriptions advertised in the HTH. Therefore, the entire process to replace the three fired employees will have to start again from the beginning.
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