False Charges Against Members of Executive Board

[Guest Patton531]

What is the process to bring charges against someone? A member can make any claim they want and a committee must be formed? or does there have to be more substance to the charge, like citing the rule(s) they believe were violated? Does evidence have to be submitted?

What are the consequences if a member brings bogus charges against someone? In my case, someone is accusing another of a "crime," but many believe there is no such law stating the "alleged crime" is actually unlawful.

Here's an example that hopefully illustrates what I'm trying to explain. A member has accused all executive board members of "playing golf on Tuesday," and he wants the board investigated, punished, and removed from office. Problem is, there is no law that says "playing golf on Tuesday" is unlawful or a crime. 

How does a body proceed when a frivolous charge is made? Is there any obligation on behalf of the accuser to cite a law, by-law, code, regulation, etc. he believes was violated?

[George Mervosh]

"An individual member may not prefer charges, even if that member has proof of an officer's or member's wrongdoing. "  RONR (11th ed.), p. 657.  He can, in a properly called meeting of the membership move for a confidential investigation by a committee, but he cannot demand that such a committee be formed.

[Patton531]

Thank you, Mr. Mervosh.

In my situation, a member is bring charges against several executive board members. They're being accused of something that doesn't seem to be a crime - something like "playing golf on Tuesday."

Let's say a committee is formed to conduct a confidential investigation. What happens next? (or is this too complicated and lengthy a topic to be able to summarize here?)

[George Mervosh]

3 minutes ago, Patton531 said:

Thank you, Mr. Mervosh.

In my situation, a member is bring charges against several executive board members. They're being accused of something that doesn't seem to be a crime - something like "playing golf on Tuesday."

Let's say a committee is formed to conduct a confidential investigation. What happens next? (or is this too complicated and lengthy a topic to be able to summarize here?)

See §63. INVESTIGATION AND TRIAL, beginning on p. 654 of RONR (11th ed.).  It's much too much to summarize here.

[Gary Novosielski]

11 hours ago, Patton531 said:

Thank you, Mr. Mervosh.

In my situation, a member is bring charges against several executive board members. They're being accused of something that doesn't seem to be a crime - something like "playing golf on Tuesday."

Let's say a committee is formed to conduct a confidential investigation. What happens next? (or is this too complicated and lengthy a topic to be able to summarize here?)

Do your bylaws  contain some provision that a single member can bring charges?   If not, then a single member is not bringing charges, and you can freely ignore him.

RONR's procedures require a vote by the assembly to bring charges.  But RONR's rules do not apply if your bylaws contain specialized rules that would supersede those in RRONR.

A complete description of RONR's discipline process is contained in Chapter XX (20) in RONR.

Edited April 19, 2018 at 02:57 AM by Gary Novosielski

[Patton531]

21 hours ago, Gary Novosielski said:

Do your bylaws  contain some provision that a single member can bring charges?   If not, then a single member is not bringing charges, and you can freely ignore him.

RONR's procedures require a vote by the assembly to bring charges.  But RONR's rules do not apply if your bylaws contain specialized rules that would supersede those in RRONR.

A complete description of RONR's discipline process is contained in Chapter XX (20) in RONR.

Our bylaws are silent on who can bring charges. So your post is very helpful. Thank you.

[Richard Brown]

18 hours ago, Patton531 said:

Our bylaws are silent on who can bring charges. So your post is very helpful. Thank you.

What, exactly do your bylaws say about discipline of members and removal from office?

Also, it might be helpful if you read FAQ No. 20 on the main website:  http://www.robertsrules.com/faq.html#20

Edited to add:  A motion of censure is another option.

Trying to discipline an individual member or remove an individual officer is one thing.  But trying to discipline or remove an entire board is another matter altogether and is something that, in my experience, rarely succeeds.  Electing new board members at the next election might be the best option.

Edited April 20, 2018 at 07:16 PM by Richard Brown
Added last two paragraphs

[Patton531]

On 4/20/2018 at 3:12 PM, Richard Brown said:

What, exactly do your bylaws say about discipline of members and removal from office?

Trying to discipline an individual member or remove an individual officer is one thing.  But trying to discipline or remove an entire board is another matter altogether and is something that, in my experience, rarely succeeds.  Electing new board members at the next election might be the best option.

Our bylaws are silent regarding discipline of board members and removal from office. 

Interestingly, the bylaws state "board members will hold a 2 year office."

[Josh Martin]

1 hour ago, Patton531 said:

Our bylaws are silent regarding discipline of board members and removal from office. 

Interestingly, the bylaws state "board members will hold a 2 year office."

Based on these facts, the formal disciplinary procedure in Section 63 of RONR is the proper procedure.

Edited April 23, 2018 at 06:08 PM by Josh Martin