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Robert Dingus

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  1. ok, we can rename it investigative committee, thank you Robert
  2. I figured out what to do in this case, if the body or association members do not want to form a Disciplinary review panel. Our rules have not methodology to chastise or punish those members that abuse, or violate our society rules. (its crazy I know, its been this way for over 50 years) if the body meaning the members of the association outside of the board, will not form the needed committee, then at that point, we can adjourn the specially called meeting specifically for that purpose, and immediately convene a formal board meeting, (we will include a provision for this in the weeks before the meeting just in case). And we can form an AD-Hoc committee, from those members present, and move on with the business at hand. Our fear is, that if the body does not show up (quorum is not met), then we must be prepared to continue, other wise the problem people will get a pass, and just get more aggressive in their violations, etc. Robert
  3. We are holding a special society meeting it must be voted on so its 30 days away, in which we have to create a disciplinary review panel, (as a result of Executive session Violations, still ongoing). (side note the primary individual that violated this rule, has also disclosed this information to the Ohio Attorney Generals complaint department about non profits. in the event our society does not choose to or wish to create such a panel, to review, and prefer charges or dismiss. What is our course of action, as the Trustees of this LLC Corporation. (501c3) Are we dead in the water nothing can happen to this or all individuals. Thank you for your input Robert
  4. taking steps to correct this, after consulting legal council. Richard, where can I get more information, or case studies about how to do this properly. our Bylaws have nothing in the way of teeth, so we have to muddle along. Robert
  5. You are correct, Suspension is what we should have done, the 3 people accused have challenged the Motion of Censure. And at the same time one invoked the State Attorney General, so this in effect gets handed to our lawyers for the wait and see. in the mean time all documentation, and proof is being compiled, while we get expert assistance in how to deal with this better. Yes I have the book, we utilized the foot note at the bottom of the first page of chapter 20. Thank you all Robert
  6. That is what I thought, we are way off base. Thank you Robert
  7. In my recent posting about, violations of Executive Session rules of privacy. We opted to use the language below, the heading for each offender was modified to specify the specific action they used to get this handed to them. Since our Bylaws do not cover this our action were purely by RROR, as best as we could relate to them, without the public announcement of the offenders, they remain private unless shared by themselves publicly to the association body. Our Bylaws do state that and action like this does have a 10 day rebuttal/ challenge clause. This was delivered by certified mail per our bylaws. 2 members have chosen to challenge this, so we go to the bottom line of this letter. My question is, is this over reach, since our bylaws have no defined punishments or teeth so to speak. On June 19, 2019 at approximately 7:58 PM you violated the Executive Session Rules by disclosing to an outside third party the contents of a meeting in which you were an active participant. After have being dually warned of the consequences of violating said rules. Referenced the Email you sent / initiated. You are hereby placed on censure for the term of 6 months, you are placed on the following restrictions. You’re privileges to join, participate or be a member of or guest of any Committee or Group of the (named society) have been suspended for 6 months You’re privileges to participate or be a guest member or participant of any Board or Special Association meetings have been suspended for 6 months You are permitted to attend the Annual Meeting and participate with your Right to vote. This Censure is delivered Administratively, to protect your privacy within this society. If you choose to disclose to the public this action of Censure that is completely at your discretion. You have 10 days to challenge this censure at which time The Association will be required to follow Roberts Rules of Order 11th edition beginning on page 643 Discipline of Members and Guests. Robert
  8. Thank you for the input, we will review the language and clean it up. Robert
  9. the clarity I am referring to, is an amendment to add to our current constitution specific, disciplinary process and procedures for violations, that we can utilize for such measures, it would become our Article 11 of the bylaws, if passed by the 2/3 required to add in it. It specifies the types or unacceptable behaviors (bullying, abusive language, false representation, and other forms of bad character / aggressive activity. and clearly spells out the steps, all the way to removal. This has been reviewed by outside Legal council, and is appropriate to our organization. Robert
  10. lets see if I can clear this up. Section A. Membership Membership in the Association shall be comprised of persons who have reached the age of eighteen, who have subscribed to the purposes and objectives of the Association and agreed to abide by its rules and regulations and who own a cottage on (removed name) and hold a current property lease. (Note: Leases and owner information is kept in the office, it is recommended you register / certified copies at court house for your protection though) Duties. The Board shall have under employment at all times a full-time General Manager of the (name removed) who shall be directly responsible to the Board. Directly, or through its official or employed personnel, the Board shall have the responsibility for all business and property interests, all program activities and all other matters relating to the ownership and operation of the (name removed). The Board is required to report to the Association annually of its activities during the year. Section E. Duties The trustees shall perform the duties prescribed by this Constitution, by the Rules and Regulations as approved by the Association, and the current edition of Roberts Rules of Order Newly Revised. I was wrong about Executive Session being secret and restricted in our By Laws we refer to Page 95, of RROR 11th edition my copy, for that see below. ARTICLE IX-PARLIAMENTARY AUTHORITY The rules contained in the current edition of Roberts Rules of Order Newly Revised shall govern the Association in all cases in which they are not inconsistent with this Constitution and any special rules of order the Association may adopt and any statutes applicable to the organization.
  11. No, the parliamentarian was not needed for our general executive sessions, he is mainly contracted for annual mass meetings, and special meetings. there was no need or any rights implied for him to attend, as it was supposed to be a normal session about 2 other completely separate topics. Robert
  12. Is it not true that eligibility is defined in the bylaws?, this is true our bylaws state the eligibility requirements. Our bylaws also state that the content of Executive sessions are to be kept secret, and are not open to public access, except by board members that were in attendance of said meetings. The eligibility of the individual, was questioned with the information obtained in the public domain, Court / registrars files. And this person was aided by the assistance of 2 Board Members, this guest participant was sprung on the Board by said Board Members at the beginning of our executive session. no advance notice or heads up of any kind. The information presented is not what our Bylaws state as the governing source of eligibility, our office records that are kept under lock and key and are verified by the appointed agent, of the association, in this case the General Manager. The said board member asked her to leave the meeting, as she had direct knowledge that the individual being challenged was in fact a fully legal, and authorized member of the body, in good standing for over 20 years, and had already served for 2 other 3 year terms on the board of trustees. This was a single minded attack on the good standing of this individual. so can my claim of violation executive session secrecy rules, be enforced with sanctions or other punishment, (we can only go by RROR, for this as our current version of bylaws do not cover this type of behavior, but will soon cover it with complete clarity. Robert Dingus
  13. The Parliamentarian was not in attendance to this meeting. Guests are members of the society yes. The meeting and its contents was of a private nature regarding one of our members, and asked us to keep this private outside of the walls of this meeting. I had instructed all that there was to be absolutely no discussion of any kind outside the meeting once we concluded this event. that meant even among other members of the association, it was a strictly private matter. We had a full board present, and there were no other members in the association that had any need or reason to know about the proceedings We hold our members information in the strictest of confidence. And we follow our rules to the letter of the rules unless there is a grey one, and then we follow the spirit and past precedence. Robert Dingus
  14. We recently held an Executive session, that included 4 guests, as it related to a matter concerning the eligibility of one of our residents to run for Board of Trustees. At the start of this session I warned all in attendance that any discussion of these proceedings or any kind outside the confines of this meeting would warrant extreme / heavy penalties. One member has done exactly this, by putting the proceedings into an email, and then sending it to all Board Members, and the 3 of the 4 guests, and then added in our outside the organization Parliamentarian. I have asked the Parliamentarian to, assist us in this breach of rules. This individual has a long and sordid history of this type of behavior, and past boards have been lax at addressing the issue, I believe we now have the ground to discipline her properly once and for all. we have 1 percent of our organization disrupting and has increased our level of Executive sessions, to a new lever never seen in the history of this organization, to do the personnel conflicts and attacks they launch almost weekly. I want to make sure we do this by the book, what is your suggestions to get this going. I have already directed the Audio and Video files if any exist to be backup copied to CD, for the possibility of a Disciplinary trial. your advice is needed, thank you Robert Dingus
  15. I suspected as much, thank you all for helping me out. Robert
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