/Docs/G/Cooplaw-WorkerCoop-Bylaws-CmA/Sec/MembershipEnd/0.md
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Ti = ARTICLE 2 – Termination of Membership
1.Ti = Resignation of a Member.
1.1.sec = Every Member has the right to resign from the Cooperative.
1.2.sec = When a Member resigns from the Cooperative his or her Membership will be terminated.
1.3.sec = To resign from the Cooperative, a Member must provide the Secretary of the Cooperative with a written notice of resignation. The resignation shall become effective immediately without any action on the part of the Cooperative. The individual who resigned from the Cooperative will not be allowed to work for the Cooperative for one month following voluntary termination of Membership unless her or his Membership is renewed by the Cooperative.
1.4.sec = If a Member resigns, he or she is still responsible for any charges, dues, or other obligations that the Member owes to the Cooperative. The Cooperative shall still have the right to enforce any such obligation or obtain damages for its breach.
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1. = [G/Z/ol/s4]
[Explanatory Note: In general, the Statute provides that Members can resign at any time, but the Bylaws may require reasonable notice before the effective resignation date. See 12430.] =
2.Ti = Death of Member
2.sec = A Membership shall immediately terminate upon the death of a Member.
3.Ti = Expulsion of a Member
3.0.sec = No Member may be expelled or suspended except according to procedures satisfying the requirements of this section:
3.1.sec = A Member may, for any lawful reason, be expelled from the Cooperative by a vote of 75% or greater of the Members at a duly called meeting at which a quorum is present.
3.2.sec = The Member must be given 15 days’ prior notice of the expulsion, suspension, or termination, and the reasons for that expulsion, suspension, or termination.
3.3.sec = The Member shall have an opportunity to be heard, orally or in writing, not less than five days before the effective date of expulsion, suspension, or termination, by a person or body authorized to decide that the proposed expulsion, termination, or suspension not take place.
3.4.sec = Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or registered mail sent to the last address of the Member shown on the Cooperative’s records.
3.5.sec = A Member who is expelled or suspended shall be liable for any charges, dues, or other obligations incurred before the expulsion, suspension, or termination.
3.6.sec = The Cooperative may direct a Member whose expulsion is being considered to refrain from conducting business as a Member until the expulsion decision is made, provided the Cooperative pays the Member her or his average weekly wage or compensation – calculated based on the three months preceding the date of the notice given pursuant to this section – until the expulsion decision is made. The Cooperative may also direct a Member whose expulsion is being considered to stay away from the Cooperative’s places of business except as necessary to exercise her or his rights under law
3. = [G/Z/ol-a/s6]
= [G/Z/ol/3]
[Explanatory Note: The Statute provides that expulsions, terminations, and suspensions must be done “in good faith and in a fair and reasonable manner.” They are fair and reasonable if they meet the notice and hearing requirements described in 12431(c). These Sample Bylaws closely follow the language found in 12431(c). The cooperative may only expel a member for a lawful reason, i.e. it cannot be due to discrimination on the basis of race, national origin, sex, sexual orientation, or another protected class. Furthermore, a cooperative may not expel a member if the expulsion violates other contractual rights.] =