Is suspension of voting priveleges a viable alternative if the offending member can not be removed?

[RGOP Chairman]

We are a chartered organization of a state organization that includes Congressional District organizations as well. We have a member that is a state committee member and by default of our bylaws, is a voting member of our local county committee. This member has conducted himself that under normal circumstances would have brought him before the county committee on the charge of "conduct detrimental to the party" with the result being removed from his position. However, he is a state committee member and our bylaws as set by the state must allow state committee members be voting members of our county committee. Bottom line is that we cannot remove him from his position, but we need to suspend his interaction within our committee until the matter is resolved by the state committee. Censure is nothing but a reprimand and will not produce the action needed with this particular "loose cannon". The question that is being asked is:

"Can the county committee call for and pass a temporary means of suspending the offending member's interaction within our local county committee that would include voting priveleges" as the means that will force the offending member to appeal the decision at the state committee level?

The term suspension is used here as "a temporary method of halting or stopping an offending member until the offending member appeals our decision to lift his suspension by the state committee.

It should be noted that our district chairman recommended censure and the General Counsel for the state told us that censure would be fine as long as the offending member knew he could appeal the decision at the state level. The problem we have with censure is that it does not appear to be anything more than a slap on the wrist and this will not matter to the offending member.

[Chris Harrison]

Since it appears that the County Committee is subordinate to the State Committee (or some other superior body) thus the County Committee's rules on discipline might not apply I would recommend you all contact the State Committee to find out what sort of measures the County Committee can take against the State Committee member.

[jstackpo]

In (pure) RONR-land a member could not be deprived of the right to vote without going through the (complex) disciplinary procedures of Chapter 20.

But... as a state/local political organization, you may well have special rules about discipine, particularly when the "problem" has both state and local aspects.

So I suspect you had best start with your bylaws, both local and state, and see what they offer.

You are quite correct about "censure" not being much of a "punishment", but the critical thing to look for is whether your rules give the County Committee the power to impose discipline and "suspension".

[J. J.]

In (pure) RONR-land a member could not be deprived of the right to vote without going through the (complex) disciplinary procedures of Chapter 20.

But... as a state/local political organization, you may well have special rules about discipine, particularly when the "problem" has both state and local aspects.

So I suspect you had best start with your bylaws, both local and state, and see what they offer.

You are quite correct about "censure" not being much of a "punishment", but the critical thing to look for is whether your rules give the County Committee the power to impose discipline and "suspension".

And depending on how it is handled, it might not be disciplinary action at all (p. 643, fn.).

[J. J.]

The question that is being asked is:

"Can the county committee call for and pass a temporary means of suspending the offending member's interaction within our local county committee that would include voting priveleges" as the means that will force the offending member to appeal the decision at the state committee level?

The term suspension is used here as "a temporary method of halting or stopping an offending member until the offending member appeals our decision to lift his suspension by the state committee.

They way you have describe it, the only thing that you could do is ask the state to impose disciplinary action.

It should be noted that our district chairman recommended censure and the General Counsel for the state told us that censure would be fine as long as the offending member knew he could appeal the decision at the state level. The problem we have with censure is that it does not appear to be anything more than a slap on the wrist and this will not matter to the offending member.

Someone could adopt a motion of censure (pp. 137, ll. 20-31; p. 643 fn). Such a motion would not be able to be appealed, but would just be an expression of opinion.

Let me guess, Pennsylvania?

[RGOP Chairman]

No, this is Georgia.

The line of questioning is based on the term "suspension" as a viable action. One of the main reasons for this question is that I could not find such action defined in RONR-only expulsion of a member or censure of a member. Is this term defined anywhere within RONR other than suspension of the rules?

[J. J.]

No, this is Georgia.

The line of questioning is based on the term "suspension" as a viable action. One of the main reasons for this question is that I could not find such action defined in RONR-only expulsion of a member or censure of a member. Is this term defined anywhere within RONR other than suspension of the rules?

Yes, and suspension is a penalty that can occur after a trial (p. 643). A member being tried may have some or all of their rights of membership suspended after charges are adopted, except those relating to a trial.(p. 662, ll. 25-31).

You'd really need someone to look at your state and county bylaws, but I'd suspect that the county committee could not charge the person because they cannot try the person.

This is the point where I advise you consult a professional parliamentarian to look at your bylaws.

You may get a reference on a parliamentarian from either (or both):

National Association of Parliamentarians

213 South Main St.

Independence, MO 64050-3850

Phone: 888-627-2929

Fax: 816-833-3893;

e-mail: hq@NAP2.org

http://www.parliamentarians.org

American Institute of Parliamentarians

550M Ritchie Highway #271

Severna Park, MD 21146

Tel: 888-664-0428

Fax: 847-885-8393

e-mail: aip@parliamentaryprocedure.org

http://www.parliamentaryprocedure.org/

[jstackpo]

The line of questioning is based on the term "suspension" as a viable action. One of the main reasons for this question is that I could not find such action defined in RONR-only expulsion of a member or censure of a member. Is this term defined anywhere within RONR other than suspension of the rules?

The fact that you couldn't find much about "suspension" tells me that you are NOT looking at the latest (11th) edition of RONR. Here's a little update for you (indirectly relating to "suspension") ...

In Good Standing:

RONR/11 defines the term "member in good standing" on p. 6 in the footnote as referring to a member whose membership rights are not in suspension, either as a consequence of disciplinary proceedings (Chapter XX) or by operation of some specific provision in the bylaws of the organization.

So if you use the phrase "in good standing" in the bylaws, be sure to define exactly what you mean: what causes a member not to be in good standing, what he has to do to get back into the good graces of the association, &c. Also, you should specify which membership rights, duties, privileges, &c. are lost or suspended (or retained) by a member as a consequence of his being in "bad standing" as distinct from his being in good standing or ceasing to be a member at all.