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  1. Dear Forum, I am interested in the proper procedure for pursuing a motion of censure at the board meeting which *follows* the one in which statements (to the point of allegations) had been made. Under fire was business (actions) taken outside of board meetings. Some statements in the last board meeting fell short of outright allegations, as these were issued under a veil of multitudinous confusion (roughly "I cannothelp but think there must be some conflict of interest in the manner in which these directors have conducted themselves") yet despite other statements going so far as to contend improper communication through the media,and "undermining" and even"sabotaging the board's 2013 annual strategic plan", there was neither a board decision to appoint a committee to investigate the allegations, nor any call for retraction of the allegations. A majority of the board, including its chair, may have been unfamiliar and uncomfortable with how such allegations needed to be handled. Had it been a situation where a few directors had simply shown a lack of decorum, and had allowed themselves unduly emotional language attacking the ideas or proposals but not their makers, and had it been aboutbusiness that would be moot to again come before the board, I could understand how there would be little value to seek after-the-fact accountability for what had been uttered. However, these statements went beyond being ill tempered or indecorate, to construe conduct outside meetings as having been (and remaining) contrary to the best interests of the society, and – if followed to their conclusion – contend unfitness to continue to serve in office as a director, and the statements were made in front of guests, and not in executive session, thus with attendant risk of injury to reputation outside the society The allegations appear to have been fed by those directors who object to the subset of us who desire – among other changes – to reduce the number of directors (paid $1100 per day to attend board meetings) from 38to 10 + chair + 4 non-voting, which provision for amendments our bylaws permit any two members in good standing to make. The allegations also referenced our having pre-announced our bylaws amendment proposals in our professional journal. We did this because, last year, when we had proposed term limits, the board affixed, to each mailed ballot, a memodeclaring the board's unanimous opposition to term limits (some of us were not then directors) while refusing us, the proposers, to include with the ballot our reasons as to why we believed term limits were a good idea. Would it be in order, at the next meeting, for any directortoraise a point of order with respect to the remarks that are at issue, expressing the view that the allegations were of a kind that would be out of order to have been made without being acted upon, and that it be incumbent on the board to either appoint a committee to investigate the allegations, or (if there will be no investigation, on account of reluctance of those who made the allegations, and others on the board, to proceed) to concede as in order, despite that a majority of the board might oppose it, a motion of censure against those who had made such allegations together with those who permit these to stand while refusing to grant the accused the right of investigation My purpose would be to have captured, in the minutes, motions that (1) an investigative committee be appointed, and likely (2) a motion of censure, and that (3) the votes by taken by roll call (or signed ballot), so that even if these fail, they will be on record for later consideration by the larger membership.
  2. A non profit membership organization is being sued by one of its members. Club has services of attorney. As the organization is small, many of the board members have had past 'business relationships' or transactions with the plaintiff. The attorney periodically briefs the BOD on status of litigation. BOD may be asked to approve various courses of action, and eventually possibly a settlement. Some members of the BOD believes they can pass a motion 'recusing' another member from being present at the attorney's briefing and that the motion would in some manner remove that member from any participation in BOD discussion/deliberation/votes regarding the litigation. RONR notes that 'no member should vote on a question in which he has a direct personal or pecuinary interest not common to other members of the organization. ... and notes that no member can be compeled to refrain from voting in such circumstances. Is there any action which could be taken to preclude the member from attending meetings and participating in discussions with the club attorney? That would certainly seem improper, as the member should be able to hear the information on which vote is to be made. ------------- Somewhere, (and I thought it was RONR) I read there was a statement about discipline procedures which allowed either complaintant or defendant to object to an individual sitting on Trial Board, and a provision for the assembly to 'disqualify' a member from deliberating?? Thanks, JJ
  3. I belong to a private national club. I was brought up on charges by another member, and a diciplinary hearing was held. I have sent emails to various board members requesting a copy of the transcript or minutes, and have been told that the board decided the meeting was a closed meeting and no minutes were taken. Yet a professional transcriptionist was preent and I was asked to give copies of all my documentation to her to for inclusion in her transcript. She did type throughout the hearing and ask for clarification on the spelling of names. My question is how do I go about getting a copy of the transcript when the board is telling me there are no minutes to give me and the subject is closed?
  4. Guest

    Bylaws Rules Conflict

    If our bylaws provide that Robert's Rules of Order will apply to all meetings and business transactions not otherwise specified in the bylaws, can a disciplinary committee be created in the Rules and Regs but not in the bylaws that outlines procedures different than those specified in Robert's Rules. The bylaws do state that committees can be appointed by the board and their duties outlined in the Rules and Regs and later that Rules and Regs are not to conflict with any bylaws.
  5. Guest

    Executive Session

    Are members of a board of a club who participate in an executive session meeting held to a standard regarding the confidentiality of the discussion in executive session? If a board member reveals to an outside party details of a discussion held in executive session, what remedies are available to the board/organization?
  6. We are a chartered organization of a state organization that includes Congressional District organizations as well. We have a member that is a state committee member and by default of our bylaws, is a voting member of our local county committee. This member has conducted himself that under normal circumstances would have brought him before the county committee on the charge of "conduct detrimental to the party" with the result being removed from his position. However, he is a state committee member and our bylaws as set by the state must allow state committee members be voting members of our county committee. Bottom line is that we cannot remove him from his position, but we need to suspend his interaction within our committee until the matter is resolved by the state committee. Censure is nothing but a reprimand and will not produce the action needed with this particular "loose cannon". The question that is being asked is: "Can the county committee call for and pass a temporary means of suspending the offending member's interaction within our local county committee that would include voting priveleges" as the means that will force the offending member to appeal the decision at the state committee level? The term suspension is used here as "a temporary method of halting or stopping an offending member until the offending member appeals our decision to lift his suspension by the state committee. It should be noted that our district chairman recommended censure and the General Counsel for the state told us that censure would be fine as long as the offending member knew he could appeal the decision at the state level. The problem we have with censure is that it does not appear to be anything more than a slap on the wrist and this will not matter to the offending member.
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