Guest Kelsey Posted July 11, 2012 at 11:16 PM Report Share Posted July 11, 2012 at 11:16 PM Can an officer facing disciplinary action attend the executive session that is being held to discuss his situation and can he vote on any motion regarding the discipline action against him? Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 11, 2012 at 11:28 PM Report Share Posted July 11, 2012 at 11:28 PM Can an officer facing disciplinary action attend the executive session that is being held to discuss his situation and can he vote on any motion regarding the discipline action against him?Is a formal trial being conducted? Are you following disciplinary procedures contained in your bylaws or the disciplinary procedures in RONR? Link to comment Share on other sites More sharing options...
Guest Kelsey Posted July 11, 2012 at 11:53 PM Report Share Posted July 11, 2012 at 11:53 PM No, a formal trial is not being conducted. The executive session is to discuss the situation and determine if there will be any disciplinary actions taken, ie, remove the officer or refer the matter to the ethics committee. Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 12, 2012 at 12:28 AM Report Share Posted July 12, 2012 at 12:28 AM No, a formal trial is not being conducted. The executive session is to discuss the situation and determine if there will be any disciplinary actions taken, ie, remove the officer or refer the matter to the ethics committee.See RONR (11th ed.), p. 653, l. 23 - p. 654, l. 13, to determine if a motion to remove the officer from office is in order. If it is, no cause is needed, and the officer in question, if a member of the assembly, retains his rights, including the right to attend the meeting, to speak in debate, and to vote. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 12, 2012 at 09:39 PM Report Share Posted July 12, 2012 at 09:39 PM See RONR (11th ed.), p. 653, l. 23 - p. 654, l. 13, to determine if a motion to remove the officer from office is in order. If it is, no cause is needed, and the officer in question, if a member of the assembly, retains his rights, including the right to attend the meeting, to speak in debate, and to vote.The mention of an Ethics Committee suggests to me that the society has its own customized disciplinary procedures, but I concur that the member retains his rights unless those rules provide otherwise. Link to comment Share on other sites More sharing options...
SaintCad Posted July 13, 2012 at 12:33 AM Report Share Posted July 13, 2012 at 12:33 AM Think of it this way, can any member be excluded from attendence or voting at the Executive Session? If not, then how can you exclude the accused if he is still a member until tried and convicted? Link to comment Share on other sites More sharing options...
Josh Martin Posted July 13, 2012 at 01:23 AM Report Share Posted July 13, 2012 at 01:23 AM Think of it this way, can any member be excluded from attendence or voting at the Executive Session? If not, then how can you exclude the accused if he is still a member until tried and convicted?If an assembly uses the trial procedure in RONR, the accused is required to leave the room at the end of the trial, when the question of guilt and the penalty are decided. Additionally, the assembly may choose to deprive the member of some or all of his rights (except those relating to the trial) from the time the member is notified of the trial through the trial's conclusion. Some organizations put similar rules into their customized disciplinary procedures. So the question isn't quite as crazy as it sounds.Given the facts presented, however, I agree that in this particular case the member is able to attend the meeting and vote unless the assembly's rules provide otherwise, since it seems likely that the society is not using the trial procedure in RONR.On further reflection, I realize that your and Mr. Wynn's responses may be reflective of the fact that the assembly has not yet begun formal disciplinary procedures of any sort, and with that in mind I agree it is silly to think that the member would not be able to vote, but hopefully my ramblings may be of use to the poster if and when the society does pursue disciplinary action. Link to comment Share on other sites More sharing options...
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