Legal Question in Employment Law in Alabama
I am a deacon at a southern baptist church. We are heading toward a vote on whether to retain or fire the pastor. Our bylaws state it takes 75% consent from the membership present to call a pastor, but no mention is made about what percentage it takes to fire the pastor. Do we refer back to the 75% it takes to call him, use two-thirds as in Roberts Rules of Order - to remove someone from office, (assuming the pastors job is considered "in office"), or is a simple majority all that's required? Most votes are by simple majority, but this is a delicate subject and one we on the deacon board do not wish to be sued over. We are assuming we should refer back to the two-thirds, but wish to get it right. Thank you.
1 Answer from Attorneys
Take your articles of incorporation and bylaws to an attorney. You will only get uninformed guesswork here as we.cannot see your documents.