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Robert Dingus

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Everything posted by Robert Dingus

  1. Is there a list of required documetns for board or official meetings, example, Bylaws, Constitution, Lease, general rules, copy of RROR. is it callled out in RROR. thank you
  2. I figured out what to do in this case, if the body or association members do not want to form a Disciplinary review panel. Our rules have not methodology to chastise or punish those members that abuse, or violate our society rules. (its crazy I know, its been this way for over 50 years) if the body meaning the members of the association outside of the board, will not form the needed committee, then at that point, we can adjourn the specially called meeting specifically for that purpose, and immediately convene a formal board meeting, (we will include a provision for this in the weeks before the meeting just in case). And we can form an AD-Hoc committee, from those members present, and move on with the business at hand. Our fear is, that if the body does not show up (quorum is not met), then we must be prepared to continue, other wise the problem people will get a pass, and just get more aggressive in their violations, etc. Robert
  3. We are holding a special society meeting it must be voted on so its 30 days away, in which we have to create a disciplinary review panel, (as a result of Executive session Violations, still ongoing). (side note the primary individual that violated this rule, has also disclosed this information to the Ohio Attorney Generals complaint department about non profits. in the event our society does not choose to or wish to create such a panel, to review, and prefer charges or dismiss. What is our course of action, as the Trustees of this LLC Corporation. (501c3) Are we dead in the water nothing can happen to this or all individuals. Thank you for your input Robert
  4. taking steps to correct this, after consulting legal council. Richard, where can I get more information, or case studies about how to do this properly. our Bylaws have nothing in the way of teeth, so we have to muddle along. Robert
  5. You are correct, Suspension is what we should have done, the 3 people accused have challenged the Motion of Censure. And at the same time one invoked the State Attorney General, so this in effect gets handed to our lawyers for the wait and see. in the mean time all documentation, and proof is being compiled, while we get expert assistance in how to deal with this better. Yes I have the book, we utilized the foot note at the bottom of the first page of chapter 20. Thank you all Robert
  6. That is what I thought, we are way off base. Thank you Robert
  7. In my recent posting about, violations of Executive Session rules of privacy. We opted to use the language below, the heading for each offender was modified to specify the specific action they used to get this handed to them. Since our Bylaws do not cover this our action were purely by RROR, as best as we could relate to them, without the public announcement of the offenders, they remain private unless shared by themselves publicly to the association body. Our Bylaws do state that and action like this does have a 10 day rebuttal/ challenge clause. This was delivered by certified mail per our bylaws. 2 members have chosen to challenge this, so we go to the bottom line of this letter. My question is, is this over reach, since our bylaws have no defined punishments or teeth so to speak. On June 19, 2019 at approximately 7:58 PM you violated the Executive Session Rules by disclosing to an outside third party the contents of a meeting in which you were an active participant. After have being dually warned of the consequences of violating said rules. Referenced the Email you sent / initiated. You are hereby placed on censure for the term of 6 months, you are placed on the following restrictions. You’re privileges to join, participate or be a member of or guest of any Committee or Group of the (named society) have been suspended for 6 months You’re privileges to participate or be a guest member or participant of any Board or Special Association meetings have been suspended for 6 months You are permitted to attend the Annual Meeting and participate with your Right to vote. This Censure is delivered Administratively, to protect your privacy within this society. If you choose to disclose to the public this action of Censure that is completely at your discretion. You have 10 days to challenge this censure at which time The Association will be required to follow Roberts Rules of Order 11th edition beginning on page 643 Discipline of Members and Guests. Robert
  8. the clarity I am referring to, is an amendment to add to our current constitution specific, disciplinary process and procedures for violations, that we can utilize for such measures, it would become our Article 11 of the bylaws, if passed by the 2/3 required to add in it. It specifies the types or unacceptable behaviors (bullying, abusive language, false representation, and other forms of bad character / aggressive activity. and clearly spells out the steps, all the way to removal. This has been reviewed by outside Legal council, and is appropriate to our organization. Robert
  9. lets see if I can clear this up. Section A. Membership Membership in the Association shall be comprised of persons who have reached the age of eighteen, who have subscribed to the purposes and objectives of the Association and agreed to abide by its rules and regulations and who own a cottage on (removed name) and hold a current property lease. (Note: Leases and owner information is kept in the office, it is recommended you register / certified copies at court house for your protection though) Duties. The Board shall have under employment at all times a full-time General Manager of the (name removed) who shall be directly responsible to the Board. Directly, or through its official or employed personnel, the Board shall have the responsibility for all business and property interests, all program activities and all other matters relating to the ownership and operation of the (name removed). The Board is required to report to the Association annually of its activities during the year. Section E. Duties The trustees shall perform the duties prescribed by this Constitution, by the Rules and Regulations as approved by the Association, and the current edition of Roberts Rules of Order Newly Revised. I was wrong about Executive Session being secret and restricted in our By Laws we refer to Page 95, of RROR 11th edition my copy, for that see below. ARTICLE IX-PARLIAMENTARY AUTHORITY The rules contained in the current edition of Roberts Rules of Order Newly Revised shall govern the Association in all cases in which they are not inconsistent with this Constitution and any special rules of order the Association may adopt and any statutes applicable to the organization.
  10. No, the parliamentarian was not needed for our general executive sessions, he is mainly contracted for annual mass meetings, and special meetings. there was no need or any rights implied for him to attend, as it was supposed to be a normal session about 2 other completely separate topics. Robert
  11. Is it not true that eligibility is defined in the bylaws?, this is true our bylaws state the eligibility requirements. Our bylaws also state that the content of Executive sessions are to be kept secret, and are not open to public access, except by board members that were in attendance of said meetings. The eligibility of the individual, was questioned with the information obtained in the public domain, Court / registrars files. And this person was aided by the assistance of 2 Board Members, this guest participant was sprung on the Board by said Board Members at the beginning of our executive session. no advance notice or heads up of any kind. The information presented is not what our Bylaws state as the governing source of eligibility, our office records that are kept under lock and key and are verified by the appointed agent, of the association, in this case the General Manager. The said board member asked her to leave the meeting, as she had direct knowledge that the individual being challenged was in fact a fully legal, and authorized member of the body, in good standing for over 20 years, and had already served for 2 other 3 year terms on the board of trustees. This was a single minded attack on the good standing of this individual. so can my claim of violation executive session secrecy rules, be enforced with sanctions or other punishment, (we can only go by RROR, for this as our current version of bylaws do not cover this type of behavior, but will soon cover it with complete clarity. Robert Dingus
  12. The Parliamentarian was not in attendance to this meeting. Guests are members of the society yes. The meeting and its contents was of a private nature regarding one of our members, and asked us to keep this private outside of the walls of this meeting. I had instructed all that there was to be absolutely no discussion of any kind outside the meeting once we concluded this event. that meant even among other members of the association, it was a strictly private matter. We had a full board present, and there were no other members in the association that had any need or reason to know about the proceedings We hold our members information in the strictest of confidence. And we follow our rules to the letter of the rules unless there is a grey one, and then we follow the spirit and past precedence. Robert Dingus
  13. We recently held an Executive session, that included 4 guests, as it related to a matter concerning the eligibility of one of our residents to run for Board of Trustees. At the start of this session I warned all in attendance that any discussion of these proceedings or any kind outside the confines of this meeting would warrant extreme / heavy penalties. One member has done exactly this, by putting the proceedings into an email, and then sending it to all Board Members, and the 3 of the 4 guests, and then added in our outside the organization Parliamentarian. I have asked the Parliamentarian to, assist us in this breach of rules. This individual has a long and sordid history of this type of behavior, and past boards have been lax at addressing the issue, I believe we now have the ground to discipline her properly once and for all. we have 1 percent of our organization disrupting and has increased our level of Executive sessions, to a new lever never seen in the history of this organization, to do the personnel conflicts and attacks they launch almost weekly. I want to make sure we do this by the book, what is your suggestions to get this going. I have already directed the Audio and Video files if any exist to be backup copied to CD, for the possibility of a Disciplinary trial. your advice is needed, thank you Robert Dingus
  14. I suspected as much, thank you all for helping me out. Robert
  15. We elect 4 new board members every year at an annual meeting, the candidates are screened and deemed eligible to run for Trustees of our association. once elected by the body, does the board have to accept the elected members, fully knowing one or more members will absolutely be a burden, troublemaker, cant stay off social media stirring the pot so to speak. Our rules do not cover this situation, other then refer back to Roberts Rules of Order, and the only thing I can find, is removal of individual. please advise Robert
  16. he was rebuked as our bylaws state what he was doing was a function of the finance committee specifically. I went through all of our Board files, and there are no hard rules or duties for the Treasurer to follow. in the past 15 years this has not happened. its a first. Robert Dingus
  17. thank you, I will get this to him, so we an get the bylaws amended, and updated for our modern times. Robert Dingus
  18. We have a situation, where our Constitution does not call out the specific duties of the Treasurer as part of the Executive committee. However this person must be a member of the Finance committee, but cannot be the Chair. Finance does not report to the Treasurer they are independent. other than giving the monthly report high level overview of our finances what are we missing. our Treasurer was working outside of the Finance committee with a newly hired bookkeeper and logging their hours in excess of the allocated amount without the concent or knowledge of the Finance Committee Chair, or the rest of the board. need some guidance as he feel severely wounded, at the rebuke he got for stepping out on his own. Robert Dingus
  19. ok, thank you. that makes sense the chair did not present it to the members. have a good weekend.
  20. At our annual meeting there was a motion made, and a second recorded. And immediately that triggered a quorum count, we did not have quorum numbers to continue. the question was not debated, or stated by the chair. is this motion dead, since it did not proceed any further. as a side note this motion would have been against a standing board policy, in effect it would have given non board members more authority than board members have. example; access by the general membership to financial documents, that the board members must sign confidentiality agreements to review. main question does this make it into the minutes as old / unfinished business or is it gone. Robert Dingus
  21. At our Annual meeting last year we had a Motion offered, it was stated by the chair, an the received a Second. we proceeded to the discussion phase, during this phase there was offered and amendment to the main motion, this attempted amendment failed to pass, so original motion stands as presented. we went back to discussion, at this point the person talking, made the " motion to table until next year" this motion passed 39 to table 24 to deny. this mothing had the following effect from ROR 11th edition, S 17 page 209 and 210 line 10 There is a great temptation to make an improper use of them, and lay questions on the table for the purpose of instantly suppressing them by a majority vote, instead of using the previous question, the legitimate motion to bring the assembly to an immediate vote. The Discussion Phase has not been closed when this happened. 1. how to we now take up this properly ? 2. is this action totally out of bounds ? we need to make a decision on this motion as it is costing us money to do nothing. Robert Dingus
  22. yes i agree private conversations are completely ok, however the pests are non board members, trying to get around the established fill out a request in the office. i am working with the trustees to, as they are completely allowed to set policy in regards to their functions outside of the Annual meetings, and daily business with the on site business manager, and his office / front office personnel. since we do not have a communications policy we are going to have to create on that everyone can follow, the president and trustees cant have 250 people asking them for items all the time, data flow should be managed in a responsible manner. thank you Robert
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