Who can vote in appeal of a board decision

[Bmarie3979]

I belong to an organization with by-laws that provides a grievance procedure. It's board is selected from the membership. Members accused of misconduct are given a 'trial' before the board of directors (or trial committee if bias is a concern). The accused party "may appeal the verdict to the general membership...A two-thirds vote of the members in attendance at a general meeting shall be required to reverse the decision of the board of directors or trial committee." under Roberts rules is it proper for the board members to vote on the appeal of the sanction they imposed? Can the accused party, a member, be precluded from voting?

[Trina]

Since your bylaws describe a customized disciplinary procedure, it may not be possible to answer with certainty without looking at the bylaws (which is beyond the purview of this forum).

However, at a general membership meeting, all general members have a right to participate. If a board member is also a general member he/she has full membership rights at a general membership meeting. Whether the accused member has a right to vote during an appeal is not a question answered by RONR (the appeals process you mention is part of your customized disciplinary process.

[Bmarie3979]

Thanks. Does the fact that it is the board's decision impact your analysis under Roberts rules?

[Gary c Tesser]

Thanks. Does the fact that it is the board's decision impact your analysis under Roberts rules?

I think not. Unless there's something in your bylaws to disenfranchise the board members (and it looks like not), they retain all their rights as general members.

If the procedures given in RONR, 11th Edition, are being used, tied in with the organization's grievance procedure (except, of course, in points of conflict), then the accused retains all of his membership rights, including voting, unless the organization's procedure has suspended the accused's rights (as in RONR, p. 659. lines 6 - 7), until "when the closing arguments have been completed, the accused must leave the room." (p. 667, lines 3 - 4).

Some of you should read the chapter, "Disciplinary Procedures," very carefully.

[Bmarie3979]

There doesn't appear to be anything that specifically disenfranchises the board. But they don't count in establishing a quorum. "a quorum shall be at least fifteen voting members, excluding all serving members of the board of directors."

[Gary c Tesser]

Then, Bmarie3979, there you have it. Yes?

[Guest Nancy N.]

Then, Bmarie3979, there you have it. Yes?

I think this means that the board members' status, as members, at membership meetings, is untouched and complete, except for the oddity that they don't count towards a quorum.

(Enough commas for me and Chris both!)