jstackpo Posted July 28, 2014 at 09:08 PM Report Share Posted July 28, 2014 at 09:08 PM If bylaws contain some (probably inadequate, but what can you do) discipline procedure rules, do those rules... Completely Replace RONR Chapter XX? (i.e., just ignore Chapter XX) or Replace (supersede) only those Chapter XX rules that are directly in conflict with the specific bylaw rules? Link to comment Share on other sites More sharing options...
Josh Martin Posted July 28, 2014 at 11:53 PM Report Share Posted July 28, 2014 at 11:53 PM If bylaws contain some (probably inadequate, but what can you do) discipline procedure rules, do those rules... Completely Replace RONR Chapter XX? (i.e., just ignore Chapter XX) or Replace (supersede) only those Chapter XX rules that are directly in conflict with the specific bylaw rules? Haven't we discussed this before? I still like the answer I gave in Post #2 of that thread. Link to comment Share on other sites More sharing options...
J. J. Posted July 31, 2014 at 06:10 AM Report Share Posted July 31, 2014 at 06:10 AM First, I think that the conduct of disciplinary action is a rule in the nature of a rule of order. As such, it is governed by the parliamentary authority. A bylaw or special rule (usually, and in this case) can modify those rules in the nature of a rule of order found in the parliamentary authority. For example, a special rule saying "No main motion shall be supressed for the duration of the session except by a two-thirds vote," would not prohibit the motion Postpone Indefinitely from being made. It would change the vote required to a two-thirds vote to adopt a motion postponing a motion indefinitely (and a motion to postpone it to the next session, or to refer it a committee after final adjournment), but not the method. A rule that stated, for example, "A member may be expelled from membership by a majority vote," and no attitional rules, other than the rule establishing RONR as the parliamentary authority, would remove the 2/3 vote requirement for expulsion. It would not remove the need for a trial or for notice, nor would it change the requirement the vote be taken by ballot. Likewise a rule that said, "A member may be suspended from membership without previous notice by the assembly," would not change the voting requirement, nor would it preclude a trial. A rule that said, "A member may be disciplined upon motion by the assembly," would remove the need to hold a trial, but not remove the need for actual charges to be required, nor notice of those charges. Link to comment Share on other sites More sharing options...
Transpower Posted July 31, 2014 at 12:17 PM Report Share Posted July 31, 2014 at 12:17 PM My answer is "Replace (supersede) only those Chapter XX rules that are directly in conflict with the specific bylaw rules?" RONR (11th ed.), p. 16, ll. 21-27. Link to comment Share on other sites More sharing options...
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