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Found 7 results

  1. In our organization, we have a "mother" organization with several associated regions who affiliate by annual dues. Within each region, there are several clubs. The regions are expected to be in conformity with the mother organization. Each club is expected to be in conformity with the regions. This particular region has violated our bylaws by refusing to pay certain fees (the clubs voted by a 2/3 majority not to pay) which then resulted in late fees added. The mother organization simply went ahead and placed them in "not good standing". During our 2012 meeting, we heard from the President of that particular region during our Executive Council meeting and were told of the "issues/reasons/excuses" to which the Executive Council (made up of all the regions and the mother board) denied the reason for non-payment. We also barred the President from being involved in that meeting and the next subsequent meeting of the day by taking away both voicing and voting rights for that day's meetings. 8 months later, the region wants to appeal the fees and late fines. They have demanded that we use our appeal process for the upcoming 2013 meeting. The problem is (other than 8 months later) - our appeal process is geared towards individuals/clubs who may have violated the bylaws, code of conduct, ethics, etc. We have a full appeals/grievance process for that. But our bylaws do NOT have an appeals process for the region itself. If a region is suspended or placed on probation, that includes the entire regional membership. Is there any specific citation of the suspension/appeals process for items not in our own bylaws for handling this? If at our 2012 meeting, the decision was to deny their excuse for non-payment and it was further reported in the larger delegate meeting and no one objected, wouldn't that become the "official" act after the meeting ends? Even though there was not a motion made to suspend or place the region on probation, it was still reported that they could not voice nor vote at the 2012 meeting due to the decision of the Executive Committee. The response/answer to this will bring about at least 2 more questions. Thanks.
  2. We have a 7 member Board, of which 3 people were voted in by the Board to serve on a Hearing Committee (for a trial). The three voted in to serve on the committee, were the only people eligible due to the severe conflicts of interest with the defendant. Of the three people on the Hearing Committee, two of their terms are up at the end of the year. Our by-laws state specifically that the Hearing Committee must be made up of Board Members. The Hearing is currently scheduled for the last weekend of the year. The Certified Mail sent to the defendant to notify them of the charges, response due dates, and hearing schedule, took a week to be delivered. Now the defendant is claiming she doesn't have enough time to prepare. Our by-laws don't give a specific timeline for responses The Hearing Committee is in place and ready to move forward, but we are concerned with the change of the BOD at the end of the year. To make it worse, the plaintiff and defendant are candidates in the election taking place now, with the new Board Members taking office January 15, 2012. My question is: Does the current Hearing Committee continue to serve in that capacity once their positions are over, or do we have to put together a new committee with the new Board Members after the first of the year? Thanks for your help.
  3. We will be holding a disciplinary hearing at the end of the month and one of the key witnesses is seven hours away over a mountain pass. There is concern than snow will keep them from attending the hearing in person. Can Skype be used at a hearing? Our by-laws don't address using electronics.
  4. 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?
  5. If a member is requested to attend a hearing as a witness in a complaint against another member, is the member/witness entitled to a copy of the complaint before the scheduled hearing or does the member/witness have to wait until the hearing to know what the complaint involves ?
  6. Guest

    Disciplinary Charges

    If a member of an orginization brings charges against another, can the complainant drop the charges prior to the hearing? Our by-laws are silent on the matter.
  7. I have a rather serious situation concerning a nonprofit (member) organization. I haven't seen referenced here in the forum. An recently elected member of an executive board (of about 25 elected and appointed members) discovered that the board had been repeatedly violating the organization' s bylaws. This executive board member noticed the entire executive board of the violations and requested that the board members immediately correct the conditions, follow its own bylaws including comply with all state and federal laws, in addition to requesting that the entire board undergo a fiduciary duty training for nonprofits. The rest of the board remained silent upon notice and as usual practice deferred to the board president to respond. The board president repeatedly refused the newly elected board members attempt to resolve the matter, (as the organization is being run more like a dictatorship ; To the extent, that three members of the organization are making all of the decisions for the entire organization. Which is in clear violation of the bylaws. ( I do not want to go into detail, but they are rather serious infractions, and most of the board members have no clue as to what is going on as there is a long established culture of deference to the Board President) Within the organization's Bylaws there is no mechanism for a grievance procedure/ disciplinary action for one executive board member against all of the other executive board of directors. Although there are very specific and different protocols for grievance, disciplinary action removal of the President, Vice President, and other officers, This protocol requires the direct involvement of other officers who are also apart of the same grievance. The Bylaws are silent as to this situation, as this situation involves breaches of fiduciary duty (i.e. grievances against the entire board). Which is the reason the newly elected board members gave notice of the breaches of fiduciary duties. The Bylaws do state that no retalitory actions of any kind should be taken against a member seeking redress under the disciplinary/grievance procedures. However, in clear retaliation, the President, and other three officers have held closed door executive sessions and barred this elected member, who is an executive member, and has refused to give her minutes of those meetings and several meetings afterwards. The Board then held a teleconference call (again in violation of the bylaws) and voted to pursue disciplinary actions in attempt to remove this board member for conduct unbecoming of an officer. The board set this "disciplinary hearing for a teleconference call (another violation of the bylaws) in a few short weeks. The Bylaws do state that any hearings shall be conducted in accordance with the polices established by RRONR as a guide. As the organization's Bylaws are silent on this specific matter, and does defer to RRONR where not covered under the Bylaws, I am looking for specific RRONR rules regarding the following. 1. Availability and access to executive Board minutes to executive board members. 2. Any authority under RRONR that executive board members can hold secret or closed door meetings and exclude an executive board member. 3. As the Secretary and Assistant Secretary have not turned over board meeting minutes to this member after repeated requests, is there a reasonable time period under RRONR that these minutes are to dispersed to the executive board members? ( It has been more than 6 mos. and still no production of meeting minutes) 4. What other rules under RRONR apply to this situation? I understand this is rather involved but any insight, is greatly appreciated.
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