voting procedures

[Guest Rick]

when the board of directors votes on a decision to discipline a member, can the membership over rule that decision ?

 

[Richard Brown]

It depends on whether your bylaws give the board the exclusive (and final) authority in this matter.  If the board does indeed have exclusive authority to deal with discipline, then the board's decision is likely final.  But, if the board does not have the exclusive authority to deal with discipline, the membership may reverse the board's decision. 

You might look at official interpretations 2006-12 and 2006-13 for more information.

Edited to add:  For detailed information on disciplinary procedures, see Chapter XX of RONR.

Also, keep in mind that it may require a close reading of your bylaws to determine whether the grant of authority to the board to handle discipline is an exclusive grant.  Just granting the board the power to determine issues of discipline is not the same thing as granting the board the sole and exclusive authority over discipline.  It is up to your organization to interpret its own bylaws on that issue.

Edited March 13, 2018 at 07:26 PM by Richard Brown
Added last two paragraphs

[Guest Rick]

Thank you, however I need another clarification. The board decided a disciplinary action against a member at the board meeting. At the following members meeting a week later a whole group of members showed up (who never come to meetings) to stack the deck and over rule the board without others members having knowledge of what was going on. Is there a proper procedure to follow to give everyone a chance to vote?

 

[Josh Martin]

34 minutes ago, Guest Rick said:

Thank you, however I need another clarification. The board decided a disciplinary action against a member at the board meeting. At the following members meeting a week later a whole group of members showed up (who never come to meetings) to stack the deck and over rule the board without others members having knowledge of what was going on. Is there a proper procedure to follow to give everyone a chance to vote?

Overturning a board decision, even if permitted in this case, is a motion to rescind or amend something previously adopted. As such, it requires for its adoption a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

[Gary Novosielski]

10 hours ago, Guest Rick said:

Thank you, however I need another clarification. The board decided a disciplinary action against a member at the board meeting. At the following members meeting a week later a whole group of members showed up (who never come to meetings) to stack the deck and over rule the board without others members having knowledge of what was going on. Is there a proper procedure to follow to give everyone a chance to vote?

That's why the motion to Rescind/Amend Something Previously Adopted (§35) requires a 2/3 vote, unless previous notice has been given.  If previous notice was given, the threshold drops to a majority vote  That's how RONR ensures that those who are interested are notified and presumably will show up if the question is important to them.

[Guest Who's Coming to Dinner]

13 hours ago, Guest Rick said:

Is there a proper procedure to follow to give everyone a chance to vote?

Was this a regular meeting? Members should know that new business may come up at a regular meeting.