Belle Posted March 31, 2012 at 01:18 PM Report Share Posted March 31, 2012 at 01:18 PM An organization of which my company is a member has By Laws. The By Laws address revocation of membership but nothing about suspension. I recently received a certified letter from the pres of the organization saying the Board had gone into Executive Session and voted to suspend my company's membership. Of the 14 present at the meeting, 7 voted to suspend and 7 abstained. Can they do this? Is this legal? The letter telling me of the suspension did not state the reason(s) or the time frame. I was not told in advance that the BOD would be addressing this topic.I appreciate any insights you might have. Link to comment Share on other sites More sharing options...
Larry Cisar Posted March 31, 2012 at 01:34 PM Report Share Posted March 31, 2012 at 01:34 PM A tie vote means the motion was lost if this takes a majority in your organization. And then they did not notify you this was happening making for mistake No. 2. No. 3 is not having it in the bylaws that they can suspend you. You really need to go after them. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 31, 2012 at 01:40 PM Report Share Posted March 31, 2012 at 01:40 PM A tie vote means the motion was lost if this takes a majority in your organization.Just to be clear, it wasn't a tie vote. Link to comment Share on other sites More sharing options...
Rev Ed Posted March 31, 2012 at 05:53 PM Report Share Posted March 31, 2012 at 05:53 PM Seven yes votes and seven abstaining votes means that the vote passed. As for the suspension, you might be best to discuss the issue with a local parliamentarian who might be able to more carefully go through the By-laws with you. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 31, 2012 at 06:09 PM Report Share Posted March 31, 2012 at 06:09 PM As for the suspension, you might be best to discuss the issue with a local parliamentarian who might be able to more carefully go through the By-laws with you.Agreed. Since Belle's organization seems to have some customized disciplinary procedures, a full reading of the bylaws is warranted to understand what the authority of the organization's Board is. For all we know, their actions may be authorized. Link to comment Share on other sites More sharing options...
Guest Edgar Posted March 31, 2012 at 06:14 PM Report Share Posted March 31, 2012 at 06:14 PM Seven yes votes and seven abstaining votes means that the vote passed.Abstaining votes? Really? Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 31, 2012 at 06:20 PM Report Share Posted March 31, 2012 at 06:20 PM Abstaining votes? Really?Well, let's clarify some terminology. An abstention is not a vote. It is when a member decides not to cast a vote. In the general case, abstentions are not counted, so of the 14 members present, only 7 voted and they all voted in favor of your suspension.There are times where the vote is calculated against the members present, or the entire membership (present or not). In these cases, abstentions have the same effect as a no vote, but still are not votes either way.The vote of the board was not a tie. It was unanimous in favor of your suspension, unless the vote required (as defined in your bylaws) was "of the members present" or "of the entire membership."Whether your board is authorized to suspend a member is unknown, as that would come from your bylaws or other governing rules (parent organization, fed/state/local laws, etc). Link to comment Share on other sites More sharing options...
Rev Ed Posted March 31, 2012 at 11:54 PM Report Share Posted March 31, 2012 at 11:54 PM Sorry, I should not have used the word "votes" when I did. But David is, as usual, 100% correct - to abstain is not to vote. Link to comment Share on other sites More sharing options...
Larry Cisar Posted April 1, 2012 at 08:07 AM Report Share Posted April 1, 2012 at 08:07 AM Some day I will learn to read. Link to comment Share on other sites More sharing options...
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