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407 Removal of Directors by Members

Any member may bring one or more charges for cause against any one or more directors and may request the removal of such director(s) by reason thereof by filing with the secretary such charge(s) in writing together with a petition signed by not less than ten percent (10%) of the total membership of the Cooperative, which petition calls for a special member meeting, the stated purpose of which shall be to hear and act on such charges and, if one or more directors are recalled, to elect their successor(s), and specifies the place, time and date thereof not less than forty (40) days after filing of such petition, or which requests that the matter be acted upon at the subsequent annual meeting.

Each page of the petition shall contain in the beginning:  the names and addresses of the members filing the charges, a verbatim statement of such charges, and the names of the directors against whom such charges are being made.  The petition shall be signed by each member in the same name as he or she is billed by the Cooperative and shall state the signatory’s address as the same appears on such billings.

Notice of such charges verbatim, the name of the directors against whom such charges are made, the name of the member filing such charge, and the purpose of the meeting shall be contained in the notice of the meeting not less than ten (10) days prior to the meeting date at which the charges will be heard.  Such directors shall be informed in writing of the charges after they have been validly filed and at least twenty (20) days prior to the meeting of the members, and shall have an opportunity at the meeting to be heard in person, by witnesses, by counsel or any combination of such, and to present evidence in respect of the charges; and the persons bringing the charges shall have the same opportunity but shall be heard first.  The question of the removal of such directors shall separately for each, be considered and voted upon at the next regular or special meeting, and decided by a majority vote of those present and voting.  Any vacancy created by such removal shall be filled by vote of the members at such meeting and shall fill the unexpired term.  The question of removal shall not be voted upon unless some evidence in support of the charges against the director shall have been presented during the meeting through oral argument, document, or otherwise.