Rescinding Previous Decision/Committee

[Guest BestGuess]

I am not sure the actual terminology to use but here is my situation:

We have a situation in our assocation where a member was put forth to a Grievance Committee. The committee did not follow the appropriate bylaws/procedures and found this member guilty. Their findings were then moved on to a Discipline Committee where again appropriate bylaws/procedures have not been followed. They have not yet met with the member to render their decision, however, other documentation has come to light that completely absolves the member from a guilty finding. The member is being looked at for suspension or possible expulsion.

How do we rescind or disolve the previous decision made? Can we do it prior to the actual meeting of the Discipline Committee? Can this individual do so during the actual meeting and call a motion? Can they present facts that show how the previous Committee failed and provide new information then or wait until it has run its course?

[Rob Elsman]

I am not sure the actual terminology to use but here is my situation:

We have a situation in our assocation where a member was put forth to a Grievance Committee. The committee did not follow the appropriate bylaws/procedures and found this member guilty. Their findings were then moved on to a Discipline Committee where again appropriate bylaws/procedures have not been followed. They have not yet met with the member to render their decision, however, other documentation has come to light that completely absolves the member from a guilty finding. The member is being looked at for suspension or possible expulsion.

How do we rescind or disolve the previous decision made? Can we do it prior to the actual meeting of the Discipline Committee? Can this individual do so during the actual meeting and call a motion? Can they present facts that show how the previous Committee failed and provide new information then or wait until it has run its course?

A committee is discharged of the motion or topic referred to it when it makes its final report.

[Robert B Fish]

The answer depends on who has the authority to a decision in this case: the Grievance Committee, the Discipline Committee or the membership (or someone else). Unless your bylaws say otherwise, the committees do not have the authority to do anything more than recommend charges to the membership.

Of course, if the Discipline Committee has the authority to make a final decision, they will probably need to give the individual a fair hearing and then he/she should present the new information. If the new information is as you describe it, they should have no problem absolving him.

-Bob

[Guest BestGuess]

The decision to suspend or expel would be left to the Discipline Committee. However, the person charged does have the opportunity to appeal to the next level that would be the entire Executive. But, having said that, there are members of the Executive that are in direct conflict with the member that was charged and are involved with their participation and being named within the original grievance.

So, can it be brought forth to rescind the previous Grievance Committee decision prior to speaking at the Discipline Committee or wait until the end that process and they put that motion forward?

The Grievance Committee failed to abide by the bylaw rules and therefore the person charged did not submit their portion that would show they were not guilty of the charges.

I am understanding it then to be the that one could recommend to rescind the original decision because the Grievance Committee made it's final report.

[Josh Martin]

So, can it be brought forth to rescind the previous Grievance Committee decision prior to speaking at the Discipline Committee or wait until the end that process and they put that motion forward?

The Grievance Committee failed to abide by the bylaw rules and therefore the person charged did not submit their portion that would show they were not guilty of the charges.

The Grievance Committee has simply made a recommendation to the Discipline Committee. There is no need to rescind it. If the Discipline Committee disagrees with the recommendation it may simply decide something else. I suspect you are talking about the general membership rescinding the decision, but since it seems that the general membership is not involved in the disciplinary process in your Bylaws, I don't see how that's possible. If you don't like that the general membership is out of the loop, amend your Bylaws.

One other avenue to explore is the violations of the Bylaws. You have not been clear about the exact nature of these violations, but if the violations constitute a continuing breach it may be possible to raise a Point of Order after the fact.