Art. 94. The Executive Director is the person designated by an employment contract or by a provision of the President, who is in charge of the management of the association in relation to third parties and/or the management of the current activity of the association.
Art.95.
(1) The appointment of the Executive Director is OPTIONAL by the President, with the approval of the Provision by the Board of Directors meeting in accordance with the statutory provisions.
(2) The Board of Directors, in case of appointment of the Executive Director, will be convened within a maximum of 48 hours by the President in order to validate the President’s provision. In this case, given the direct interest of the President, he has the obligation to abstain from voting and, to the extent possible, not to attend the debates.
(3) The Board of Directors may reject, with justification, only once, the President’s Provision appointing the Executive Director, for reasons related to integrity, competence and conflicts of interest. If the President considers that the reasons invoked are unfounded, he shall address the General Assembly regarding the appointment of the Executive Director.
(4) If the General Assembly invalidates the rejection formulated by the Board of Directors, the Executive Director shall assume his duties from the date of drafting the Minutes of the meeting. The General Assembly in this case, may be consulted without convening a meeting and, applying the voting regulations.
(5) If the General Assembly validates the rejection, the President’s Disposition becomes null and void, the President is required to appoint a new Executive Director, which he shall communicate to the Board of Directors, which in this case is obliged to validate the President’s Disposition.
(6) In case of parity of votes at the meeting from par. (2) and par. (5), a Special Committee on Divergence shall be created and a member of the General Assembly shall be randomly selected to vote at this meeting. Interested persons such as the President and the candidate for the position of Executive Director shall be excluded from the potential members of the Special Committee on Divergence.
Art. 96.
(1) The Executive Director shall be supervised by the President.
(2) The terms of reference of the Executive Director shall be approved by the Board of Directors upon the proposal of the President.
Art. 97.
(1) The procedure in the previous articles shall no longer be organized if the Executive Director is appointed following a competition.
(2) The competition shall be organized by the President, and the questions or the method of the competition shall be approved by the Board of Directors. In the event that a competition with face-to-face questions or by videoconference is organized, the members of the Board of Directors shall have the right to be present.
Art. 98.
(1) The dismissal of the appointed Executive Director shall be based on clear, determined procedures, related to his/her direct activity. No dismissals that are not related to his/her activity shall be allowed.
(2) The dismissal may be proposed, motivated by any member of the Board of Directors, and approved by the Board of Directors in the meeting following the proposal. This shall be submitted to the Secretary within a maximum period of 5 days before the meeting, under penalty of forfeiture.
(3) If it was submitted after the deadline set at the end of paragraph (2), it shall be included on the agenda of the next meeting of the Board of Directors.
(4) If the dismissal was made in violation of paragraph (1), he/she may address the General Assembly in order to contest the decision or the court of law in the matter of administrative and fiscal litigation, with territorial and material jurisdiction.
Art. 99.
(1) The dismissal of the employed Executive Director shall be carried out in compliance with the Labor Legislation, the Labor Code and the applicable normative acts.
Quote from the Organization and Operation Regulations of THE NEW PAGAN DAWN
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