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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
221
:
ORGANIZATION AND MANAGEMENT OF CREDIT UNION
Subchapter
003
:
GOVERNING BODY, OFFICERS, AND COMMITTEES
§
31311. Suspension and removal
(a) The
governing body of a credit union shall have the power to remove, by a
two-thirds vote of its members at a regular or special meeting, a director or a
governing-body-appointed committee member:
(1) who fails,
without good cause, to attend three consecutive meetings of the governing body
or committee or one-half of such meetings held during a calendar year;
(2) who is no
longer qualified to serve; or
(3) for any of
the causes enumerated and in accordance with subsection (b) of this section.
(b) The
governing body of a credit union shall have the power to suspend at any time,
by a two-thirds' vote of its members, at a regular or special meeting, any
director, member of a governing-body-appointed committee, officer, or agent for
good cause, including:
(1) a violation
of any statute, regulation, or order applicable to such credit union;
(2) the
participation in any unsafe or unsound practice in connection with such credit
union;
(3) the
commission of or participation in a crime which is punishable by imprisonment
for a term exceeding one year under state or federal law, as charged in any
information, indictment, or complaint, and if continued service or
participation by such director, member of a governing-body-appointed committee,
officer, or agent may pose a threat to the interests of the members of such
credit union;
(4) the failure
of such person to perform his or her duties or breach of his or her fiduciary
duty;
(5) the use of
his or her official position in a manner contrary to the interests of the
credit union or its members; and
(6) the breach
of a written agreement with the Commissioner.
(c) The
suspension shall take effect immediately, and the Commissioner shall be
notified promptly of such suspension. Within seven business days after the
effective date of the suspension, the governing body shall cause notice to be
given to all members of the credit union of a special meeting of members to be
held for the purpose of hearing the report of the governing body regarding the
suspension and voting on removal, provided such notice shall not be given if
the director, member of a governing-body-appointed committee, officer, or agent
who is subject to suspension resigns. The special meeting shall be held no more
than 21 business days after the effective date of the suspension. The
membership of the credit union shall have, by majority vote, the authority to
accept or reject the report of the governing body. If such action involves
removal, the credit union shall promptly notify the Commissioner of such
removal.
(d) If any
person required to be bonded by this part or by applicable regulation shall
cease to be bonded or shall lose his or her ability to be bonded, such person
shall be suspended and removed immediately, and the Commissioner shall be
notified promptly of such suspension and removal.
(e) The
supervisory committee shall have the power to suspend at any time, by a
two-thirds' vote of its members at a meeting called for that purpose, any
director, member of a governing-body-appointed committee, officer, or agent for
cause. The suspension shall take effect immediately, and the Commissioner shall
be notified promptly of such suspension. Not later than seven business days
after the effective date of the suspension, the supervisory committee shall
cause notice to be given to all members of the credit union of a special
meeting of members to be held for the purpose of hearing the report of the
supervisory committee regarding the suspension and voting on removal, provided
such notice shall not be given if the person who is subject to suspension
resigns. The special meeting shall be held no more than 21 business days after
the date of suspension. The membership of the credit union shall have the
authority to accept or reject the report of the supervisory committee. The
supervisory committee shall take any action with respect thereto as the members
deem necessary. If such action involves removal, the credit union shall
promptly notify the Commissioner of such removal. (Added 2005, No. 16, § 1,
eff. July 1, 2005.)