Legal Question in Constitutional Law in New York
Right to remove name from a position
Our church constitution allows a right of initiative to call a special meeting with 25% of membership signing a petition. After collecting enough signatures to force a special meeting, some older people who admitted they did not read the entire petition before they signed it wanted to remove their signatures now that they have read the whole thing. Are they allowed to remove their name even though the petitions were delivered and acted upon by the board?? If enough people want and are allowed to remove their name could the called special meeting be denied because there are now not enough to make 25% rule?
1 Answer from Attorneys
Re: Right to remove name from a position
This is an interesting question. Your church constitution must be viewed as similar to the by-laws of a corporation...I am sure their is an answer to your question but without actually knowing more about the constitution of the church and its other provisions, I can't say for sure.
If you can't find the answer within the constitution itself, see if it refers to any NY laws, such as the Religous Corpoations Law, General Business Law, etc.
My inclination would be that it is only reasonable
to deny the meeting if the people were uninformed when they signed the petition, and there is no longer sufficient support for it. After all, mistakes do happen.
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