Special Membership Meeting to Suspend and/or Sever Membership

[crspencer]

Several members have sent in complaints in confidence to our Membership Chair against another member. Our Bylaws allow for bringing members up on charges and somewhat state the procedure for doing so, but they do not specify whether the complaints may be kept confidential until the special meeting or if the accused has a right to know of the specific charges before the meeting. I have pasted the section of our Bylaws that deals with this issue below, any guidance would be greatly appreciated.

Section 5. Severing/Suspending of Membership Privileges

A. A Court member may have his/her membership suspended and/or severed if

he/she

specifically disrupts or goes against the purposes and/or goals of the Court

including, but

not limited to:

1. Making negative public statements about the Court or making public

statements

discouraging non-members from becoming members,

2. Violations to the purpose and principles of the organization set forth by

its

Protocol & Bylaws manuals,

3. Conduct which brings discredit to the organization

4. Misrepresentation of the organization and/or its purpose and principles,

5. Insubordination within the framework of the Court,

6. Creation of dissention within the membership,

7. Unethical use of property, tangible and intangible of the I.S.Q.C.C.B.E.

(Example:

Improper use of titles(s), unauthorized use of mailing list(s), unauthorized

contact with

the organizations, charities and/or sponsors,

8. Misappropriation of funds.

This procedure is outlined as follows:

1. The Membership Chair must first be advised of the complaint or situation.

In the event

of a complaint or situation concerning the Membership Chair, any

notification or

correspondence should be addressed to the President.

2. The Membership Chair [or President] will notify the general membership of

a special

meeting for suspending and/or severing membership. The notification to the

general

membership must be at least 30 days prior to the special meeting.

3. Any person of the general membership under consideration for having

his/her

membership suspended or severed shall be provided the opportunity to present

his/her

position to both the Board and the general membership, prior to their

respective voting on

this issue. This will be done at a special meeting of the General Membership

and the

accusers. The meeting will be held according to Roberts Rules of Order and

all accusers

and other persons who wish to speak will send a request to the ISQCCBE

President and

Membership Chairperson no less than 24 hours prior to this meeting. Agenda

for said

meeting will be posted and time limits will be enforced. Meeting will

adjourn when all

parties have had their say and General Membership present have voted.

4. The Board of Directors must reach a decision on the status of the

membership in

question by a 2/3 vote.

5. The Board must then call for a 2/3 vote of the general membership present

in order to

suspend or sever that member's privileges.

6. This same procedure shall be followed in order to reinstate a suspended

membership.

A severed membership cannot be reinstated.

7. If a person is suspended, a certified letter and copy of such letter

given to the

membership chair to be placed in the minutes will contain the reason(s) for

suspension as

well as the date/time frame of said suspension. If person is to be

re-evaluated or

suspension removed, a letter will be revised and submitted for the records.

[Trina]

Several members have sent in complaints in confidence to our Membership Chair against another member. Our Bylaws allow for bringing members up on charges and somewhat state the procedure for doing so, but they do not specify whether the complaints may be kept confidential until the special meeting or if the accused has a right to know of the specific charges before the meeting. I have pasted the section of our Bylaws that deals with this issue below, any guidance would be greatly appreciated.

Section 5. Severing/Suspending of Membership Privileges

...

This procedure is outlined as follows:

1. The Membership Chair must first be advised of the complaint or situation.

In the event

of a complaint or situation concerning the Membership Chair, any

notification or

correspondence should be addressed to the President.

2. The Membership Chair [or President] will notify the general membership of

a special

meeting for suspending and/or severing membership. The notification to the

general

membership must be at least 30 days prior to the special meeting.

3. Any person of the general membership under consideration for having

his/her

membership suspended or severed shall be provided the opportunity to present

his/her

position to both the Board and the general membership, prior to their

respective voting on

this issue. This will be done at a special meeting of the General Membership

and the

accusers. The meeting will be held according to Roberts Rules of Order and

all accusers

and other persons who wish to speak will send a request to the ISQCCBE

President and

Membership Chairperson no less than 24 hours prior to this meeting. Agenda

for said

meeting will be posted and time limits will be enforced. Meeting will

adjourn when all

parties have had their say and General Membership present have voted.

4. The Board of Directors must reach a decision on the status of the

membership in

question by a 2/3 vote.

5. The Board must then call for a 2/3 vote of the general membership present

in order to

suspend or sever that member's privileges.

6. This same procedure shall be followed in order to reinstate a suspended

membership.

A severed membership cannot be reinstated.

7. If a person is suspended, a certified letter and copy of such letter

given to the

membership chair to be placed in the minutes will contain the reason(s) for

suspension as

well as the date/time frame of said suspension. If person is to be

re-evaluated or

suspension removed, a letter will be revised and submitted for the records.

The accused member has a right to notice of the special meeting, just as any other member does.

To the extent that this is a matter of bylaws interpretation, such interpretation is the job of the society. RONR provides some principles of bylaws interpretation (RONR 11th ed. pp. 588-591). The purpose of this forum is discussion of the rules in RONR and the application of those rules; bylaws interpretation is beyond the scope of the forum.

The bylaws seem confused/confusing (bolded passages above) about whose meeting it is. The special meeting is clearly identified as a general membership meeting under sections 2 and 3. Then in section 4 the board (which has no authority as a board at a general membership meeting) is apparently voting, and in section 5 the same (non-existent) board calls for a vote from the general membership. The organization should probably apply the principles of interpretation to this portion of the bylaws (and clarify the language by amendment at some point).

You may wish to read RONR Ch. XX, for background information on how disciplinary proceedings are described under the rules in RONR. However, since your bylaws describe a custom procedure, you need to follow the rules in your bylaws... as your own organization understands and interprets those rules.

[Josh Martin]

Several members have sent in complaints in confidence to our Membership Chair against another member. Our Bylaws allow for bringing members up on charges and somewhat state the procedure for doing so, but they do not specify whether the complaints may be kept confidential until the special meeting or if the accused has a right to know of the specific charges before the meeting. I have pasted the section of our Bylaws that deals with this issue below, any guidance would be greatly appreciated.

I concur with Trina, although I would add that so far as RONR is concerned, a member must be given previous notice of his trial and this must include the charges against him. The society has customized rules on the subject, but that principle may be worth considering in determining the appropriate course of action.