Guest Sara Smith Posted June 27, 2011 at 04:25 PM Report Share Posted June 27, 2011 at 04:25 PM Our by-laws state the following regarding discipline:Any member, for violation of any of the Bylaws or Rules of the Club, or other sufficient cause, may be suspended or expelled by a two-thirds vote of the Board of directors, provided that, before any member may be expelled, he/she shall have the right to a full hearing upon the charges. The Secretary shall serve a copy of the charges, either personally or by certified mail, upon such member at least ten (10) days before the day set for the hearing. Such notice shall state the time and place of such hearing. Such meeting shall take place in the Clubhouse, or other location determined by the Board, at a reasonable time before a quorum of the Board of Directors.The following is a letter sent to the member in question. The BOD feels this meeting IS the hearing. I am not interpreting this letter as a notice of a hearing, but an invitation to attend a meeting to answer “charges.”I would appreciate your input and advice. Dear Mr.****,You are asked to appear before the Board of Directors on June 29, 2011 at 7:00 p.m, for a Special Board of Director’s Meeting. It is regarding a formal complaint filed against you regarding threats to Flag Officers and Board of Director members involving physical harm and lawsuits. You have also conducted yourself in a manner that is unbecoming of a member of ****. This is in violation of the by-laws and you have the right to a hearing before the Board of Directors. If you have any questions, please contact **** Sincerely, Board of Directors Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 27, 2011 at 04:56 PM Report Share Posted June 27, 2011 at 04:56 PM Our by-laws state the following regarding discipline:Any member, for violation of any of the Bylaws or Rules of the Club, or other sufficient cause, may be suspended or expelled by a two-thirds vote of the Board of directors, provided that, before any member may be expelled, he/she shall have the right to a full hearing upon the charges. The Secretary shall serve a copy of the charges, either personally or by certified mail, upon such member at least ten (10) days before the day set for the hearing. Such notice shall state the time and place of such hearing. Such meeting shall take place in the Clubhouse, or other location determined by the Board, at a reasonable time before a quorum of the Board of Directors.The following is a letter sent to the member in question. The BOD feels this meeting IS the hearing. I am not interpreting this letter as a notice of a hearing, but an invitation to attend a meeting to answer “charges.”I would appreciate your input and advice. Apparently the hearing is expected to take place at a Board of Directors meeting, or there would be no need for the quorum requirement. The board only "exists" while it is in session, so the distinction between a hearing and a meeting is not one I would put much stock in. The terms seem to be used interchangeably in the bylaws section you quoted. Link to comment Share on other sites More sharing options...
Guest Sara Smith Posted June 27, 2011 at 05:40 PM Report Share Posted June 27, 2011 at 05:40 PM Thank you. So, in effect, the BOD may suspend or expel on the evening in question? And, this does NOT need to go before the general membership, correct? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 27, 2011 at 08:26 PM Report Share Posted June 27, 2011 at 08:26 PM Thank you. So, in effect, the BOD may suspend or expel on the evening in question? And, this does NOT need to go before the general membership, correct?According to the rules in RONR it would normally go to the full membership. But if your bylaws have some other method, that would supersede the rules in RONR. You need to read and follow your bylaws. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 28, 2011 at 02:23 AM Report Share Posted June 28, 2011 at 02:23 AM Thank you. So, in effect, the BOD may suspend or expel on the evening in question? And, this does NOT need to go before the general membership, correct?This is mostly, if not completely, about what the club's bylaws say. So since this Internet forum is about the application of Robert's Rules, I suggest that guest Sara Smith might be better served by discussing this on the neighboring bylaws website (I think it's http://bylawsandsuch.lefora.com/ ).I particularly say this because I have some thoughts about what has already been posted today, but those thoughts don't belong here on the Robert's Rules Website Forum (RONR MB). Link to comment Share on other sites More sharing options...
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