This is a tiresome argument, and entirely beside the point. Yes, Jimbo legally can do whatever he wants (with consent of 2 of the other 4 board members). That's quite different from how Wikipedia as a community operates, though, since it relies mainly volunteers. Everyone is here because we're a community editing an encyclopedia, and believe in its mission; the Board serves us, not the other way around. If the community decides the present leadership does not have its confidence, it can move elsewhere, as Encyclopedia Libre did. Jimbo's power is mainly "soft power", not "hard power", and in that sense, he was wheel-warring.
OK, so Jimbo can do whatever he wants and if you don't like it you can fork off. Therefore, Jimbo should avoid pissing off enough people to cause a fork to happen.
Are you going to fork over this?