Confidentiality of Charges/Proceedings

[Mississippi Rules Keeper]

We have a situation in our Association which has never come up before and, frankly, we're overwhelmed.

 

A statement was made in an open meeting which condemned members of a local association.  Those Chapter members were obviously upset and one filed a formal complaint citing the bylaws of our Association and the relief requested was that the offender NOT take office next year and also that a public apology be issued.  

 

However, according to the State bylaws, the local chapter bylaws AND the national association bylaws, the remedies are "discipline, expulsion, suspension, and/or termination of membership."  This is all the National, state and local bylaws say as far as "discipline" for infractions, but no guidelines or procedures as to the definition of "discipline" or what it should entail, including specifically calling for an apology in an open meeting.  Is a derogatory remark in an open meeting grounds for negating installation of an officer?  

 

Since there is no written procedure to follow as to trial or handling by a selected committee, how should this properly be handled?  Also, the original complainant (and past State President), forwarded a copy of her complaint not only to the current State President, but also to the Local Chapter President who then forwarded it to the person the charges were aimed at directly.  

 

Does this violate the confidentiality of the charges, as cited in Robert's Rules that it should remain confidential, and, if so, how should this infraction be handled?  

 

We've been looking at Chapter XX, and it seems the more we read, the more confused we're becoming.  It's all just so mind-boggling and we fear this situation will tear our association in two.  

 

Guidance suggestions?  

[Shmuel Gerber]

Is a derogatory remark in an open meeting grounds for negating installation of an officer?

 

I don't know what you mean by a "remark in an open meeting," but the general rule in RONR is as follows:

"[W]hen improper conduct occurs at a meeting, in order for disciplinary action to be taken other than promptly after the breach occurs, charges must be preferred and a formal trial held. However, the only way in which a member may be disciplined for words spoken in debate is through the procedure described on pages 645–48, which may be employed only promptly after the breach occurs." (RONR, 11th ed., p. 649, ll. 26-32; emphasis in original)

So, if these are remarks that took place in debate, then as far as the organization in whose assembly the remarks took place in, it is too late to bring any charges after the meeting.

 

Also, the original complainant (and past State President), forwarded a copy of her complaint not only to the current State President, but also to the Local Chapter President who then forwarded it to the person the charges were aimed at directly.

Does this violate the confidentiality of the charges, as cited in Robert's Rules that it should remain confidential, and, if so, how should this infraction be handled?

 

No, there is no rule in RONR that says complaints must be kept secret from the person complained against.

 

Finally, regarding removal from office, it is possible -- depending on the wording in the organization's bylaws -- that an officer can be removed from office without a formal trial. See FAQ 20.

[Mississippi Rules Keeper]

In explanation of  "a remark was made during an open meeting":

 

At our annual meeting, a call was made by the President for chapters to host the various meetings in the coming year. When asked for the 2016 Annual Meeting host, no chapters came forward to host the meeting, so the President made the decision it would be unhosted. 

Our current President-Elect, then spoke out about hurt feelings that her home chapter did not bid on the annual meeting. A discussion ensued and some heated comments were made by members of her home chapter. It has now been blown completely out of the water, with the home chapter formally joining in on the complaint on motion during the local chapter meeting tonight.  

[Mississippi Rules Keeper]

Question:  Is it a requirement that a complaint for actions in violation of the Standing Rules and By-Laws of an association be made before the end of the instant meeting?  

 

Question:  If it's made after a meeting is adjourned, is it therefore null and void?

 

I thought I saw a discussion and the specific rule, but now I can't find it.  

 

UPDATE:  I found the answer to my initial question, and thank you for your attention, but please see additional question below.

[Mississippi Rules Keeper]

Let me ask this another way:  A comment was made (not in a debate, but without privilege of the floor) that was derogatory in nature, and ultimately a complaint was filed for violations of Standing Rulers and requesting discipline per the Standing Rules & By-Laws.  

 

Since this was done NOT in a debate, but just without privilege of the floor, according to RONR, is this a situation where the Complaint should have been noted before the end of the meeting, or the fact that it came more than 30 days after the meeting make any difference at all?

 

I appreciate all comments/suggestions, as this is a pressing matter.  

[Shmuel Gerber]

I think that whenever a society wants to punish a member for the content of remarks addressed to the assembly at a meeting, a point of order must be made at the time the offensive remarks are made, or else it is too late to discipline the member at a later time. If the member was actually speaking out of turn, then the presiding officer should have called him (or her) to order without even knowing what the member was going to say. The fact that a discussion ensued seems to indicate that the assembly was allowing debate at the time (even though perhaps it should not have done so), and therefore the only proper time to object to the content of the remarks was at the time they occurred, not at some later time.