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Trial Board - disciplinary or investigative?


Guest vfd

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My organization (a volunteer fire department) has a section in the bylaws for a Trial Board (attached below). That section stipulates that a three-person panel will conduct the trial board and gives certain timeframes (the Trial Board must be convened within 15 days and a decision made within 90 days.)  Recently a member was suspended and a Trial Board was called. A few days later the member was notified that the Trial Board had convened and decided to postpone indefinitely until the charge was investigated by County internal affairs (which is not part of our organization, but our operational activities work under their rules) The member still remains on suspension two months later.

Our bylaws refer to RONR for anything not specified.

Was this action proper? My understanding is that in context of RONR §63, the Trial Board is a trial and a disciplinary hearing, and for it to convene, the accused would have to be notified and allowed to be present. Further, per RONR §63, investigation of the allegation should have taken place prior to the charges being filed against the member.

However I have spoken with an attorney (who is not a parliamentarian) who insists that convene that just means the three designees to the trial board got together for a planning meeting and that would be acceptable. He argues that "there is nothing whatsoever in the by-laws or in the definition of the word convene to indicate that 'convene' means 'come together for a formal meeting to which [the accused] must be invited.' A reading of the by-laws according to the plain meaning of the terms is that the Trial Board is assembled, thereby convened, within 15 days and it does its investigation, including testimony, within 90 days."

He goes on to say that the Trial Board is not a disciplinary hearing but is investigatory: "Your reading is plainly counter to the language of Article XII of the by-laws, which states that the the Trial Board has 90 days after convening to conduct its 'full investigation, examination of witnesses or utilizing other means at its disposal.' The Trial Board is an investigative body. Convening is clearly the word for assembling the body, not calling a formal hearing to order. No judge or tribunal would read it differently."

This interpretation runs completely counter to my understanding of our organization's bylaws and the intent of the Trial Board (I took part in the last two revisions of the bylaws) and RONR. But I am open to my being incorrect from a legal standpoint.

Any opinions as to which interpretation is correct would be helpful!

Thanks:

 

Trial Board

Section 1- Should any Member of the Department: (1) be Temporarily Suspended under Article IV, Section 3, as a result of an act deemed detrimental to the Department or unbecoming of the Department; or (2) undertake any action which is deemed detrimental to the Department or unbecoming of the Department (as determined by a 3/4 vote of the Board) then the President shall appoint a Trial Board of three (3) Active Members to be charged with the duty of obtaining the true facts of the event in question.

Section 2 - The Board must approve each Member of any Trial Board by a simple majority vote.

Section 3 - A Trial Board must be convened within fifteen (15) days after said Member is suspended or found to have undertaken any action that is deemed detrimental to the Department or unbecoming of the Department.

Section 4 - All Members who are the subject of a Trial Board based upon an act deemed detrimental to the Department or unbecoming of the Department shall be given formal notice, via certified mail.  Said notice shall provide the Member with a summary of the factual basis for all allegations of improper conduct.  Members who are subject to a Trial Board inquiry shall be provided with an opportunity to be heard by the Trial Board before it submits its written findings of facts, conclusion(s), and decision.

Section 5 - Any Member referred for Trial Board action may remain on suspension until the Board has decided the case or subject to the time limitations set forth in Section 9 of this Article Board.

Section 6 - Within ninety (90) days of convening, and after full investigation, examination of witnesses or utilizing other means at its disposal, the Trial Board shall submit its written findings of facts, conclusion(s) and decision to the President and the Board.

Section 7 - The Board shall have the duty of enforcing the decision made by the Trial Board. 

Section 8 - The Trial Board shall be dissolved upon conclusion of the case.

Section 9 - If the Trial Board fails to convene within fifteen (15) days of the termination date of the Member's suspension, the Member may redress the President.  The President shall direct the Trial Board to convene immediately and update the Board as facts become available.  Should the Trial Board fail to convene or reach its findings within ninety (90) days of the event being questioned, all inquiries shall be dropped and membership status of the affected party shall be returned to its previous state.  This section does not prevent the Trial Board from reconvening should new information come to light.

 

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18 minutes ago, Guest vfd said:

My organization (a volunteer fire department) has a section in the bylaws for a Trial Board (attached below). That section stipulates that a three-person panel will conduct the trial board and gives certain timeframes (the Trial Board must be convened within 15 days and a decision made within 90 days.)  Recently a member was suspended and a Trial Board was called. A few days later the member was notified that the Trial Board had convened and decided to postpone indefinitely until the charge was investigated by County internal affairs (which is not part of our organization, but our operational activities work under their rules) The member still remains on suspension two months later.

Our bylaws refer to RONR for anything not specified.

Was this action proper? My understanding is that in context of RONR §63, the Trial Board is a trial and a disciplinary hearing, and for it to convene, the accused would have to be notified and allowed to be present. Further, per RONR §63, investigation of the allegation should have taken place prior to the charges being filed against the member.

However I have spoken with an attorney (who is not a parliamentarian) who insists that convene that just means the three designees to the trial board got together for a planning meeting and that would be acceptable. He argues that "there is nothing whatsoever in the by-laws or in the definition of the word convene to indicate that 'convene' means 'come together for a formal meeting to which [the accused] must be invited.' A reading of the by-laws according to the plain meaning of the terms is that the Trial Board is assembled, thereby convened, within 15 days and it does its investigation, including testimony, within 90 days."

He goes on to say that the Trial Board is not a disciplinary hearing but is investigatory: "Your reading is plainly counter to the language of Article XII of the by-laws, which states that the the Trial Board has 90 days after convening to conduct its 'full investigation, examination of witnesses or utilizing other means at its disposal.' The Trial Board is an investigative body. Convening is clearly the word for assembling the body, not calling a formal hearing to order. No judge or tribunal would read it differently."

This interpretation runs completely counter to my understanding of our organization's bylaws and the intent of the Trial Board (I took part in the last two revisions of the bylaws) and RONR. But I am open to my being incorrect from a legal standpoint.

Any opinions as to which interpretation is correct would be helpful!

Thanks:

 

Trial Board

Section 1- Should any Member of the Department: (1) be Temporarily Suspended under Article IV, Section 3, as a result of an act deemed detrimental to the Department or unbecoming of the Department; or (2) undertake any action which is deemed detrimental to the Department or unbecoming of the Department (as determined by a 3/4 vote of the Board) then the President shall appoint a Trial Board of three (3) Active Members to be charged with the duty of obtaining the true facts of the event in question.

Section 2 - The Board must approve each Member of any Trial Board by a simple majority vote.

Section 3 - A Trial Board must be convened within fifteen (15) days after said Member is suspended or found to have undertaken any action that is deemed detrimental to the Department or unbecoming of the Department.

Section 4 - All Members who are the subject of a Trial Board based upon an act deemed detrimental to the Department or unbecoming of the Department shall be given formal notice, via certified mail.  Said notice shall provide the Member with a summary of the factual basis for all allegations of improper conduct.  Members who are subject to a Trial Board inquiry shall be provided with an opportunity to be heard by the Trial Board before it submits its written findings of facts, conclusion(s), and decision.

Section 5 - Any Member referred for Trial Board action may remain on suspension until the Board has decided the case or subject to the time limitations set forth in Section 9 of this Article Board.

Section 6 - Within ninety (90) days of convening, and after full investigation, examination of witnesses or utilizing other means at its disposal, the Trial Board shall submit its written findings of facts, conclusion(s) and decision to the President and the Board.

Section 7 - The Board shall have the duty of enforcing the decision made by the Trial Board. 

Section 8 - The Trial Board shall be dissolved upon conclusion of the case.

Section 9 - If the Trial Board fails to convene within fifteen (15) days of the termination date of the Member's suspension, the Member may redress the President.  The President shall direct the Trial Board to convene immediately and update the Board as facts become available.  Should the Trial Board fail to convene or reach its findings within ninety (90) days of the event being questioned, all inquiries shall be dropped and membership status of the affected party shall be returned to its previous state.  This section does not prevent the Trial Board from reconvening should new information come to light.

I concur with your interpretation of RONR, but it will be up to your society to interpret its bylaws.

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