chinafleet Posted February 24, 2011 at 06:16 PM Report Share Posted February 24, 2011 at 06:16 PM Bylaws of our organization provide for the Board to 1) determine validity of a charge filed against a member and 2) to hear the case and determine punishment if warranted. If they reccomend the member be expelled the accused can take it to the membership.Recently a member preferred charges against a Board member and the Board (without knowledge of the accused) voted to hear the charges. Problem is a majority of the Board are all connected in a common personal activity to each other and the person prefering the charge.. Many have been publically vocal in their personal dislike of the accused to the point the accused is quite sure they could not get a fair and unbiased hearing.Can the accused request certain biased members recuse or abstain? Can they request a new panel be appointed? The bylaws do not address this issue.Thank you,Ruth Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 24, 2011 at 06:25 PM Report Share Posted February 24, 2011 at 06:25 PM Bylaws of our organization provide for the Board to 1) determine validity of a charge filed against a member and 2) to hear the case and determine punishment if warranted. If they reccomend the member be expelled the accused can take it to the membership.Recently a member preferred charges against a Board member and the Board (without knowledge of the accused) voted to hear the charges. Problem is a majority of the Board are all connected in a common personal activity to each other and the person prefering the charge.. Many have been publically vocal in their personal dislike of the accused to the point the accused is quite sure they could not get a fair and unbiased hearing.Can the accused request certain biased members recuse or abstain? Can they request a new panel be appointed? The bylaws do not address this issue.Thank you,RuthI suppose the accused can request that the biased Board members recuse themselves and/or abstain but unless your bylaws address such a situation they are under no obligation to do so (RONR p. 394), and if the bylaws say the Board hears the case then the Board hears it. The accused's best shot may be to take the case to the Membership (assuming the Board doesn't have exclusive authority over discipline). Link to comment Share on other sites More sharing options...
chinafleet Posted February 24, 2011 at 06:55 PM Author Report Share Posted February 24, 2011 at 06:55 PM I suppose the accused can request that the biased Board members recuse themselves and/or abstain but unless your bylaws address such a situation they are under no obligation to do so (RONR p. 394), and if the bylaws say the Board hears the case then the Board hears it. The accused's best shot may be to take the case to the Membership (assuming the Board doesn't have exclusive authority over discipline). Link to comment Share on other sites More sharing options...
chinafleet Posted February 24, 2011 at 06:57 PM Author Report Share Posted February 24, 2011 at 06:57 PM Sorry about that- still figuring out this configuration. Anyway, the Boar dhad authority to reprimand, censure and suspend. Expulsion has to go before the membership. Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 24, 2011 at 07:21 PM Report Share Posted February 24, 2011 at 07:21 PM Sorry about that- still figuring out this configuration. Anyway, the Boar dhad authority to reprimand, censure and suspend. Expulsion has to go before the membership.I understand that but that doesn't necessarily mean that the Board has the exclusive authority for discipline. Depending on how the bylaws are worded it could be possible that the Membership could countermand or intercede in any disciplinary actions. Link to comment Share on other sites More sharing options...
chinafleet Posted February 24, 2011 at 07:29 PM Author Report Share Posted February 24, 2011 at 07:29 PM The Board can impose suspension. If, and on if, it reccommend expulsion it must go beore the membership at the next general meeting. Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 24, 2011 at 07:38 PM Report Share Posted February 24, 2011 at 07:38 PM The Board can impose suspension. If, and on if, it reccommend expulsion it must go beore the membership at the next general meeting.Understood, but that doesn't necessarily mean that the Membership had fully delegated its authority regarding discipline to the Board. Depending on the wording in the bylaws the Membership may still have the power to get involved in matters of discipline even if expulsion was not recommended. The wording in the bylaws is crucial. Link to comment Share on other sites More sharing options...
chinafleet Posted February 24, 2011 at 07:42 PM Author Report Share Posted February 24, 2011 at 07:42 PM Here it is:Charges: Any member may prefer charges against a member for alleged misconduct prejudicial to the best interest of the club or the sport of purebred dogs. Written charges with specifications must be filed in duplicate with a $50.00 deposit with the Corresponding Secretary. The deposit shall be forfeited if the Board of Directors following a hearing does not sustain such charges. The Corresponding Secretary shall promptly send a copy of the charges to each member of the Board of Directors 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 interest of the Club or the sport. If the Board of Directors entertains jurisdiction of the charges, it shall fix a date for the hearing by the Board of Directors not less than three weeks or more than six weeks thereafter. The Corresponding Secretary shall promptly send one copy of the charges to the accused member by registered mail with a notice of the hearing and an assurance that the defendant may personally appear in his own defense and bring witnesses if he wishes. SECTION 3.Board Hearing: The Board of Directors shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly. Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board of Directors may by a majority vote of those present suspend the defendant from all privileges of the club for no more than six months from the date of the hearing. If the Board of Directors deems the punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to appear before his fellow members at the ensuing club meeting at which the Board of Directors' recommendation is considered. Immediately after the Board of Directors has reached a decision, its findings shall be put in written form and filed with the Recording Secretary, who shall notify each of the parties of the Board of Directors' decision and penalty, if any. Link to comment Share on other sites More sharing options...
Josh Martin Posted February 24, 2011 at 10:24 PM Report Share Posted February 24, 2011 at 10:24 PM Understood, but that doesn't necessarily mean that the Membership had fully delegated its authority regarding discipline to the Board. Depending on the wording in the bylaws the Membership may still have the power to get involved in matters of discipline even if expulsion was not recommended. The wording in the bylaws is crucial.Look what you did now. Here it is:Charges: Any member may prefer charges against a member for alleged misconduct prejudicial to the best interest of the club or the sport of purebred dogs. Written charges with specifications must be filed in duplicate with a $50.00 deposit with the Corresponding Secretary. The deposit shall be forfeited if the Board of Directors following a hearing does not sustain such charges. The Corresponding Secretary shall promptly send a copy of the charges to each member of the Board of Directors 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 interest of the Club or the sport. If the Board of Directors entertains jurisdiction of the charges, it shall fix a date for the hearing by the Board of Directors not less than three weeks or more than six weeks thereafter. The Corresponding Secretary shall promptly send one copy of the charges to the accused member by registered mail with a notice of the hearing and an assurance that the defendant may personally appear in his own defense and bring witnesses if he wishes. SECTION 3.Board Hearing: The Board of Directors shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly. Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board of Directors may by a majority vote of those present suspend the defendant from all privileges of the club for no more than six months from the date of the hearing. If the Board of Directors deems the punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to appear before his fellow members at the ensuing club meeting at which the Board of Directors' recommendation is considered. Immediately after the Board of Directors has reached a decision, its findings shall be put in written form and filed with the Recording Secretary, who shall notify each of the parties of the Board of Directors' decision and penalty, if any.I apologize that Chris H. has (unintentionally, I'm sure) goaded you into posting a section of your Bylaws here. The interpretation of Bylaws is beyond the scope of this forum and is up to your organization. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation. What Chris H. was getting at is that if the board does not have exclusive authority to discipline the member (in cases other than expulsion), the general membership could rescind the action taken by the board. If the board does have exclusive authority to discipline the member (in cases than other expulsion), than I am afraid the board member is out of luck. If this is the case, the general membership may wish to amend the Bylaws in the future. Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 24, 2011 at 10:39 PM Report Share Posted February 24, 2011 at 10:39 PM Look what you did now. I apologize that Chris H. has (unintentionally, I'm sure) goaded you into posting a section of your Bylaws here.My bad. I should now be lashed with a wet noodle. Ruth, sorry that I got you to post the section of the bylaws here since there is little we can do with it on this forum. I just wanted to convey to you that you needed to look to the bylaws closely before stating with such certainty that the Board does have exclusive authority in this matter. Link to comment Share on other sites More sharing options...
chinafleet Posted February 25, 2011 at 05:13 AM Author Report Share Posted February 25, 2011 at 05:13 AM Not to worry. I am quick to cut and paste as that is something on the computer I know how to do!Glad I'm not on the bylaws committee right now! Thanks for all the input!Ruth Link to comment Share on other sites More sharing options...
chinafleet Posted March 17, 2011 at 11:01 PM Author Report Share Posted March 17, 2011 at 11:01 PM Chapter 2: concerning the situation discussed above. At a regular scheduled board meeting the meeting was adjourned and the board member facing charges was asked to leave so the rest of of the board could 'go into executive session to discuss the issue.' The next day the Bod member was informed (by email)the charges had been withdrawn.5 days later the member received another post saying at the previous meeting it was voted unanimously to remove the member from all committee positions. no reason,no'cause',and no opportunity to speak for themselves. Is such an executivesession restricted to one topic? Can people be removed without just cuse and an opportunity to be present ? Should the board member have been present? Thanks Link to comment Share on other sites More sharing options...
JohnR Posted March 18, 2011 at 04:05 AM Report Share Posted March 18, 2011 at 04:05 AM Under RONR, no member may be excluded from a meeting except by due process. The accused member hadn't committed an offense at the board meeting and should not have been excluded. Any action taken during the "executive session" is null and void in my opinion, given the facts you present here. Link to comment Share on other sites More sharing options...
chinafleet Posted March 18, 2011 at 04:42 AM Author Report Share Posted March 18, 2011 at 04:42 AM Thank you.The accused was told before the regular meeting the President would ask him/her to leave as he felt he'd have a better chance to convince the rest of the BOD the original charges could not be upheld. Of couse,the accussed had no way of knowing they would then do such an ethical stunt as they did...or he/she would not have left so graciously. thanks for your opinion.Ruth Link to comment Share on other sites More sharing options...
J. J. Posted March 18, 2011 at 04:48 AM Report Share Posted March 18, 2011 at 04:48 AM Chapter 2: concerning the situation discussed above. At a regular scheduled board meeting the meeting was adjourned and the board member facing charges was asked to leave so the rest of of the board could 'go into executive session to discuss the issue.' The next day the Bod member was informed (by email)the charges had been withdrawn.5 days later the member received another post saying at the previous meeting it was voted unanimously to remove the member from all committee positions. no reason,no'cause',and no opportunity to speak for themselves. Is such an executivesession restricted to one topic? Can people be removed without just cuse and an opportunity to be present ? Should the board member have been present? ThanksThe majority of the board may request and the member may say no. The member left voluntarily; it is too late to do anything about it. See p. 244. Link to comment Share on other sites More sharing options...
chinafleet Posted March 18, 2011 at 10:20 AM Author Report Share Posted March 18, 2011 at 10:20 AM Even if the member did not know they were going to discuss more than the one issue the session was called for? Obviously,they would not have left had they known that. Thank you for the page info. Am on a trip and will look up as soon as I get home to my RR. Link to comment Share on other sites More sharing options...
hmtcastle Posted March 18, 2011 at 09:09 PM Report Share Posted March 18, 2011 at 09:09 PM At a regular scheduled board meeting the meeting was adjourned and the board member facing charges was asked to leave so the rest of of the board could 'go into executive session to discuss the issue.' Is such an executivesession restricted to one topic?Special ("called") meetings are restricted to the business mentioned in the notice (the "call") of the meeting. What it sounds like happened here is that the board recessed (not adjourned) and reconvened in executive session. If so, there would be no restrictions on what business could be considered.If, on the other hand the meeting really was adjourned, then it seems like the provisions for calling a special meeting (e.g. prior notice) were not followed. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 18, 2011 at 09:37 PM Report Share Posted March 18, 2011 at 09:37 PM Even if the member did not know they were going to discuss more than the one issue the session was called for?Yes, and an executive session does not need to be "called" for any particular purpose, and if it is, it is not limited to discussing that purpose alone. An executive session is not a separate meeting, it is a portion of a meeting in which the proceedings are secret. Link to comment Share on other sites More sharing options...
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