§ 15-12-1-33 — Officers and director; charges; removal

Indiana § 15-12-1-33

• Jurisdiction: Indiana
• Art. 12: AGRICULTURAL ASSISTANCE
• Ch. 1: Agricultural Cooperatives

Text

(a) A member of an association may bring
charges against an officer or a director by filing the charges in writing
with the secretary of the association, together with a petition that is
signed by five percent (5%) of the members and that requests the
removal of the officer or director.
(b) The removal of the officer or director shall be voted upon at the
next regular or special meeting of the association. The association may
by a vote of a majority of the members of the association remove the
officer or director and fill the vacancy.
(c) The director or officer against whom the charges have been
brought must:
(1) be informed in writing of the charges before the meeting
described in subsection (b); and
(2) have an opportunity at the meeting to be heard in person or by
counsel and to present witnesses.
The person or persons bringing the charges against the director or
officer are entitled to the same opportunity to be heard in person or by
counsel and to present witnesses.
(d) If the bylaws provide for the election of directors by districts
with primary elections in each district, a petition for removal of a
director must be signed by twenty percent (20%) of the members
residing in the district from which the director was elected. The board
of directors must call a special meeting of the members residing in that
district to consider the removal of the director. The director in question
may be removed from office by a vote of the majority of the members
of that district.
[Pre-2008 Recodification Citation: 15-7-1-14.]

Legislative History

As added by P.L.2-2008, SEC.3.