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Investigation of Complaints


Guest Gary

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The by-laws of our private boating club include "Any complaints submitted by members concerning board or club members actions considered injurious to the well being of the club, member(s), boaters in (name of the Town) and adjacent waterways, club bylaws, rules or standards, will be submitted to the board of directors. The board of directors will then proceed with a confidential and non-biased investigation on the substance and merits of the complaint, making every effort to obtain a responsible resolution. "

 

A member received written notice from and investigation committee appointed by the Board that a written complaint has filed against him, and an investigation in process. The investigation committee letter refers to language in the complaint letter, but is extremely vague. The accused members request for a copy of the complaint letter has been denied. The accused members request for witness at the investigation meeting has been denied. Is this a fair and non-biased investigation under RONR  XX Disciplinary Procedures?  Thank you.

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The by-laws of our private boating club include "Any complaints submitted by members concerning board or club members actions considered injurious to the well being of the club, member(s), boaters in (name of the Town) and adjacent waterways, club bylaws, rules or standards, will be submitted to the board of directors. The board of directors will then proceed with a confidential and non-biased investigation on the substance and merits of the complaint, making every effort to obtain a responsible resolution. "

A member received written notice from and investigation committee appointed by the Board that a written complaint has filed against him, and an investigation in process. The investigation committee letter refers to language in the complaint letter, but is extremely vague. The accused members request for a copy of the complaint letter has been denied. The accused members request for witness at the investigation meeting has been denied. Is this a fair and non-biased investigation under RONR XX Disciplinary Procedures? Thank you.

I concur with my colleague that the rules in your bylaws supersede RONR, but I would add that the procedure described so far is consistent with RONR. Specific charges do not need to be provided during the investigative stage (after all, the purpose of this stage is to determine what charges there should be, if any), nor does RONR require that the member be given a copy of a letter which initiated the investigation.

The investigative committee need not permit the accused to present witnesses when it meets with the accused. In fact, that seems rather unusual. It's more common for an investigative committee to meet with any witnesses separately. Specific charges and presenting witnesses at the trial comes after the investigation.

The only deviation from RONR that I can see is that the board (rather than the society) appointed the investigative committee, but based on the information provided, it seems that your bylaws authorize the board to do this.

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  • 2 weeks later...
Guest msbamburg@yahoo.com

This member has file a suit against the State organizer and on going .Should this member not be allow to be part of the meeting and or voting since on going court matter. Should we write a written statement to this Member not allow to be part of the Org. until matter resolve . Once it resolve can this member allow to return as the member ? This member has always looking for Fault on any such Org, and also very bad sportsmanship and no faith in that matter make it very disturbing to all the member and many slander against the Org.  I hope I made this clear Question . We are in need of this Answer .  

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