rockbust

I understand this. So to that end anything that comes out of exectutive session by way of resolution, action that is sent to any one person can be shared by that party to anyone since they were not a participant in that session?

Thank you so much for all the response. One could argue that by saying "members" they mean members else they would have excluded the accused?

And are you saying the resolution that came out of executive session along with a copy of the complaint are not confidential? It seems Robert's rules says otherwise

Rights of the Society and the Accused 63:2 A society has the right to investigate the character of its members and officers as may be necessary to the enforcement of its own standards. But neither the society nor any member has the right to make public any information obtained through such investigation; if it becomes common knowledge within the society, it may not be revealed to any persons outside the society. Consequently, a trial must always be held in executive session, as must the introduction and consideration of all resolutions leading up to the trial. 63:3 If (after trial) a member is expelled or an officer is removed from office, the society has the right to disclose that fact— circulating it only to the extent required for the protection of the society or, possibly, of other organizations. Neither the society nor any of its members has the right to make public the charge of which an officer or member has been found guilty, or to reveal any other details connected with the case. To make any of the facts public may constitute libel. A trial by the society cannot legally establish the guilt of the accused, as understood in a court of law; it can only establish his guilt as affecting the society’s judgment of his fitness for membership or office. I have highlighted a few phrases from Robert's rules that is leading me to believe all information pertinent to the case is confidential and secret even outside of the actual executive session meeting or meetings. 1. The society can investigate by way of committee and all is confidential. The investigation is held outside of executive session yet Robert's rules says it is confidential. And not to be shared. So certainly they are saying things outside of executive session are confidential. 2. Not only is the trial confidential and considered executive session but also introductions considerations and resolutions leading up to the trial. As an important note our bylaws allow for the board or a committee of the board to act as an investigative committee and to decide if we are going to pursue charges by way of resolutions. These resolutions along with the actual complaint are required to be sent to the defendant and our bylaws. It is my belief that Robert's rules consider these confidential as they state in the second highlighted section. 3. Robert's rules states that even after the trial no member including the accused can disclose the charges that were filed upon him. Why would it not be allowed after the trial but be allowed before the trial. This seems to be very conflicting.

It is my understanding that all matters involving the disipline are exectutive session even if not held in that session. the charges, the investigation and the trial even including after the trial where the accused can not say what charges were brought against him or her. It seem illogical for someone to file charges on another that may contain extreemly sensitive matters only to have it spread through the membership by the accused. I also found this discussion just now. https://robertsrules.forumflash.com/topic/35255-confidentiality-of-chargesdisciplinary-action/ Are we saying before trial is acceptable to say what they are being disciplined for but after trial they can not? Why would the investigation have to take place in secret but then charges not? why can the accused share this information but others can not?

Hmm. It seems there would be some duty of secrecy with the complaint letter? Would that extend to the board also. Is everyone free to discuss these charges and share this letter with anyone outside of what is "discussed" in ex session? It seems that since the letter is forwarded ONLY to the member of the alleged misconduct and it has arrisen out of exectuve session they would be duty bound to maintain its secrecy? Our bylaws procedure is this. member files complaint to secretary. Board meets in ex session and decides if any actions alleged in the complaint would, if proven, constitute conduct, which is prejudicial to the best interests of the Club. If yes, Secretary forwards complaint and informs them they have 30 days to request a hearing. Hearing is also held in ex session.

Yes the bylaws do authorize the board.

Thank you for the detailed reply.

Our society wrote a procedure guide that contained both customs and standing rules. The standing rules are motions adopted by our society and the other information is the way things are mostly done. Does it take a 2/3 vote to amend both customs and standing rules. 2:25 mentions customs and written rules. would a custom that is written down as in our procedure guide become a "rule" and require a 2/3 vote to amend as if it is a standing rule or is it a custom that can be changed by a majority vote?

Thank you

Thank you all very much. I am part of a completly new board of directors and we are going though standing rules and policy and discovered these items. As a follow up question do they need to be rescinded by the new board?

Our organization has individual membership and chapter club membership. Our bylaws state Section 2. Voting. At the Annual Meeting or a special meeting of the Club, voting shall be limited to those members in good standing who are present at the meeting and Chapter Club delegates so instructed by their Club, except for the election of Officers, Directors, amendments to the Constitution and By-Laws which shall be decided by written ballot cast by mail. nothing else in the bylaws Last year the membership voted to restrict voting from within each Chapter Clubs to only members who are dual members for vote brought forward by the chapter club delegates. so if you are not a dual member you can not vote on elections and more of the parent org. Does robert's rules say anthing about this situation. it also seems impractical as many chapter clubs have maybe 2 or so dual members. Thank you in advance Robert

The bylaws make no mention of any powers at this meeting except to set time and date.

Can a Board impose special rules of order on a membership meeting? example #1 at a annual membership meeting the membership adopted a motion to have an event rotate to a specific geographic area yearly. The following month the board adopted a special rule of order saying it can be rescinded or amended by majority vote at any membership meeting. Example #2 The board adopted a motion that says any motion adopted at a membership meeting will become effective 90 days after minutes of meeting is published to membership. Thank you Robert

Based on what reference from Roberts rules. Thank you

Hi, I have a few questions if anyone can share their expertise on. our bylaws state: Committees Section 1. The Board may appoint committees or persons to advance the work of the Club in matters such as dog shows, companion events, trophies, annual awards, membership and other fields which may well be served by committees. Such persons or committees, except the Nominating Committee and the Chapter Clubs Advisory Council, shall always be subject to the final authority of the Board. Section 2. Any committee except the Nominating Committee, the Ballot-counting Committee and the Chapter Clubs Advisory Council may be terminated by a majority vote of the full membership of the Board upon written notice to the chairman of the committee being terminated. The appointment of any member to a committee or of any person to advance the work of the Club may be terminated by a majority vote of the full membership of the Board upon written notice to the individual concerned and to the chairman, if any, of the committee affected. The Board may appoint successors to those persons whose appointments have been terminated, or may reconstitute a committee that has been terminated. Situation 1: At the general membership meeting a motion is approved directing the board to create a committee for the purpose of creating a specific award and award criteria. Situation 2: the board creates a committee. situation 3: the committee creates a award and criteria and presents report at the general membership meeting. award proposal is approved. Question 1: While I understand the Society interprets its own bylaws, does this appear to give the board exclusive powers for committee creation, termination and appointments? Question 2: Did the membership have the authority to direct the Board to create a specific committee? Question 3: Can the Board terminate the committee created by the society membership? Question 4: Can the award and or its criteria be amended by the Board or does the society membership now need to amend or rescind the award? Thank you