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Guest Joanne

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If a member of a BOG is brought up on disciplinary charges should they be put on suspension until issue is resolved and at said BOG meeting can they still vote. We have no By-Law for this issue in our Yacht Club at this time.

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If you are embarking on a disciplinary process, and if your bylaws are silent on how to proceed, you should get your hands on a copy of RONR and read Chapter XX (a fairly long and complex chapter at that) before going further. You shouldn't just be making this stuff up as you go along. 'Disciplinary charges' sounds so formal; where is this idea of 'disciplinary charges' and possible 'suspension' coming from, if your bylaws say nothing?

Is there anything in your bylaws that says (or suggests) that the board actually has authority to bring charges against one of its own members?

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If you are embarking on a disciplinary process, and if your bylaws are silent on how to proceed, you should get your hands on a copy of RONR and read Chapter XX (a fairly long and complex chapter at that) before going further. You shouldn't just be making this stuff up as you go along. 'Disciplinary charges' sounds so formal; where is this idea of 'disciplinary charges' and possible 'suspension' coming from, if your bylaws say nothing?

Is there anything in your bylaws that says (or suggests) that the board actually has authority to bring charges against one of its own members?

A Club member has brought charges against a BOG member, yes we do have a BY-Law process on the Disciplinary process but nothing about if that BOG member can vote and or be on suspension until issue is resolved.

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A Club member has brought charges against a BOG member, yes we do have a BY-Law process on the Disciplinary process but nothing about if that BOG member can vote and or be on suspension until issue is resolved.

RONR does not allow for a single member to bring charges against another; under the process in RONR an investigating committee is formed, and the committee eventually reports back with its findings, which can include a recommendation to prefer charges. The committee may also recommend that some or all of the member's rights be suspended, pending the eventual outcome of a trial. The society then decides whether to adopt the committee's recommendations.

Since you are not following the process in RONR, however, your questions about the accused member's voting rights and about his possible suspension cannot be answered by reference to the rules in RONR.

The assumption always has to be that a member retains full rights unless/until those rights are suspended or removed in accordance with your rules. If your bylaws say nothing about suspending membership rights, by what authority would your organization suspend the board member's rights?

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