Guest Steve Smith Posted June 3, 2012 at 01:55 PM Report Share Posted June 3, 2012 at 01:55 PM Does a member of a not for profit organization who has had charges brought against him have a right to a trial where he can confront his accusers, and anyother person who has offered testimony against him? Link to comment Share on other sites More sharing options...
jstackpo Posted June 3, 2012 at 02:06 PM Report Share Posted June 3, 2012 at 02:06 PM If your discipline rules default to RONR Chapter XX (because you have no rules of your own), yes.But if your bylaws have special discipline rules that your association adopted, then you will have to look to those bylaws for your answers. Link to comment Share on other sites More sharing options...
J. J. Posted June 3, 2012 at 02:09 PM Report Share Posted June 3, 2012 at 02:09 PM That assumes tyhat it is not an offense that occured during a meeting. Link to comment Share on other sites More sharing options...
Guest Steve Smith Posted June 3, 2012 at 02:14 PM Report Share Posted June 3, 2012 at 02:14 PM So if the bylaws don't allow for a trial at all, that would then be the answer? No trial? Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 3, 2012 at 02:21 PM Report Share Posted June 3, 2012 at 02:21 PM You would follow whatever procedures the bylaws provide for regarding discipline (maybe they will have a chance to defend themselves in a trial or maybe not). If the bylaws have no disciplinary procedures then you would need to hold a Chapter XX trial. Link to comment Share on other sites More sharing options...
jstackpo Posted June 3, 2012 at 02:21 PM Report Share Posted June 3, 2012 at 02:21 PM Not exactly, S.Smith -- if the bylaws say nothing at all about discipline (and RONR is your adopted parliamentary authority) then a trial is required, per RONR's rules. (J.J. is correct about "not in a meeting")But if your bylaws say something about how to "do" discipline (no porn, please) then you are on your own. And you, collectively, will have to interpret your own bylaws -- p. 588. Link to comment Share on other sites More sharing options...
Guest Guest Posted June 3, 2012 at 03:16 PM Report Share Posted June 3, 2012 at 03:16 PM It seems to me that a corporation that has a bylaw that does not allow for a proper defense from the accused (not allowed to know what was said against him when the committee brought in members and non members to testify) would be opening up themselves for a law suit. Is that a possibility? Or would the adopted bylaws trump Local and State laws? Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 3, 2012 at 03:32 PM Report Share Posted June 3, 2012 at 03:32 PM It seems to me that a corporation that has a bylaw that does not allow for a proper defense from the accused (not allowed to know what was said against him when the committee brought in members and non members to testify) would be opening up themselves for a law suit. Is that a possibility? Anything is possible if you find the right lawyer. Or would the adopted bylaws trump Local and State laws? The law would supersede the bylaws if they are in conflict and the action would be null and void if it violates any "applicable procedural rules prescribed by federal, state, or local law." per RONR p. 251[c]. Link to comment Share on other sites More sharing options...
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