KrisH

Needing to jump on here, I too am having issue understanding. If the bylaws list the order of business, can someone other than the chair ask for the order to be changed, does the chair have more input into the request, if by another individual? I thought I found something on this issue that was more clear, but now cant find it.

The problem is a letter was sent to an individual member of the organization, sharing allegation's against a good name and member of the board. That letter was not shared with the board, but was read to the entire membership. There are no charges being brought, at this time that we are aware. The question come, if allegation's were shared to the entire membership, and not to the board initially, we have no by laws that address outside correspondence to be required to be brought to the board initially. Since we have no by law for this, and there is no details regarding the handling of correspondence, we are looking to RONR to guide us. I went back to read Sec. 63, and they all seem to deal with when charges are made, but this case has no charges, just a letter to share information that shows a good name and member of the board in a negative light, to all members and non members. What I seem to read there are no RONR that would address expected path that correspondence should fallow, and since there are no charges at this time, there is nothing the board can do. Knowing a public shaming with inaccuracy information was shared about a good name member of the board. Just making sure we are not missing a process that should be taken.

If an organization receives negative correspondence about an individual, and by laws only have provision for Charges, how should that correspondence be address? Should it be presented to the board of Directors initially, or can it be presented to the entire organization? The potential for negative correspondence to be libel and slander, make a deference? Is there anywhere in Roberts Rules to share to the board address the issue? Would there be a difference if it is a member or non member correspondence? Unfortunately there is no clear guidelines on how handle all correspondences. ARTICLE VI Discipline (In Accordance with SC State Law) SECTION 1. American Kennel Club Suspension. Any member who is suspended from any of the privileges of The American Kennel Club automatically shall be suspended from the privileges of this club for a like time period. American Kennel Club suspensions are published on the Secretary’s page of the AKC Gazette. SECTION 2. Charges. An individual member may prefer charges against another individual member for alleged misconduct prejudicial to the best interests of the club. Written notarized Charges containing specific facts signed under oath must be filed in duplicate with the Corresponding Secretary together with a deposit, the amount to be established by the Board of Directors, (see Policies & Procedures document for the current deposit amount) which shall be forfeited if such Charges are not sustained or entertained by the Board The Corresponding Secretary shall promptly send a copy of the Charges to each member of the Board or present them at a Board meeting. The Board of Directors shall first consider whether the actions alleged in the Charges, if proven, might constitute conduct prejudicial to the best interests of the club. If the Board considers that the Charges do not allege conduct which would be prejudicial to the best interests of the club, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the Charges, it shall fix a date for a hearing by the Board or a committee appointed by the Board, not less than three weeks nor more than six weeks thereafter. The Corresponding Secretary shall promptly send one copy of the Charges to the accused member by certified mail return receipt requested, or other form of receipted or acknowledged delivery and set forth a time and place at which the accused may attend and present any defense, call witnesses or answer.

In this case there is no way for the person nominated to be able to become an active member prior to the elections in January.

Thank You that is how the majority of the board interprets the by laws.