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Mary Ellen

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  1. Let me clarify my question a bit as after reading this I am still not clear. If the presiding officer decides not to mention or allow these letters to be admitted as evidence during the hearing/trial, therefore the defendant will know nothing about these letters or their content, can the members of the hearing panel who will decide the verdict use these letters when deliberating when the defense is not on the call or on the video conference? I am struggling interpreting the general rule above relating to this circumstance. Thank you.
  2. Thank you for your response. Below are the answers to your questions. Do your bylaws permit holding meetings by teleconference and/or by videoconference? Our bylaws do allow for both teleconference and video conference. The bylaws only reference this with regard to board meetings so we would then turn to RONR for guidance on this. Is the trial in question being held pursuant to customized disciplinary procedures in the organization's bylaws, or pursuant to the disciplinary procedures in Ch. XX of RONR? It is a combination of both with the procedures in our bylaws superseding RONR. Our bylaws do not mention change of venue or in this case medium so we would use RONR. Here is what our bylaws state, "The rules contained in the current edition of Robert’s Rules of Order, Newly Revised, shall govern the Club in all cases to which they are applicable and in which they are not inconsistent with these By-Laws and any other special rules of order the Club may adopt." What is the exact wording of the organization's rules concerning teleconferences and/or videoconference? Meetings of the Board are defined as gatherings where attendees see and/or hear each other. This includes meeting (in person) “physically” in the same room or conducting a meeting by video conference or teleconference. This is the only reference in our bylaws so we would use RONR for further clarification. What is the exact wording of the trial resolution concerning the teleconference? (Please at least included the parts relating to the date, time, and manner of holding the trial - the parts relating to the names of members and the society, and the charges and specifications, may be omitted if desired.) ...A hearing has been fixed for Thursday, August 27, 2020 at 3pm EDT by teleconference call. The telephone number for the call is XXX-XXX-XXXX, and the access code is XXXXXX# You may personally appear in your own defense and bring witnesses if desired. No counsel may attend the hearing... When you say "Can we change the call," who is "we" referring to? The Board. Is the trial being held at a regular or special meeting? A board meeting that has been called for this purpose as per our bylaws, "If the Board entertains jurisdiction of the charges, it shall fix a location, date and time for a hearing by the Board or a Committee of not less than three persons on the Board... What are the organization's rules relating to calling such meetings? (Alternately, if a special meeting is being held, was the special meeting established by the trial resolution itself?) What is the wording of the call of the meeting (if applicable)? "Other meetings of the Board shall be held at such times and places as are designated by the President or by a majority vote of the entire Board..." Again, thank you.
  3. Our organization will be having a trial for a member. We have received letters from members supporting the charges preferred on the the member. Is it required that these letters be shared with the defendant during the trial? If it is not necessary to share these letters, can the hearing committee use them when deliberating? Thank you.
  4. We are in the process of setting up a disciplinary trial for a member. The letter with the charges was sent out by certified mail to the defendant which included a number and access code for a teleconference. Can we change the call from phone to video and send the new information? If so, how must that correspondence be sent? Thanks.
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