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Guest Cathy Iacopelli

Minutes or transcript of a Disciplinary Hearing

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Guest Cathy Iacopelli

I belong to a private national club. I was brought up on charges by another member, and a diciplinary hearing was held. I have sent emails to various board members requesting a copy of the transcript or minutes, and have been told that the board decided the meeting was a closed meeting and no minutes were taken. Yet a professional transcriptionist was preent and I was asked to give copies of all my documentation to her to for inclusion in her transcript. She did type throughout the hearing and ask for clarification on the spelling of names.

My question is how do I go about getting a copy of the transcript when the board is telling me there are no minutes to give me and the subject is closed?

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...However, depending on how much authority the bylaws give the Board in this matter you might be able to have the General Membership order the Board to give you a copy of the minutes/transcript. Though it usually takes a majority vote if previous notice was given, a 2/3 vote if notice wasn't given, or a majority of the entire membership to have the Board minutes read at a Membership meeting I think only a majority vote would be necessary to get you a copy of the minutes/transcript (but stay tuned for other thoughts).

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Guest Cathy Iacopelli

Board minutes are routinely published on the club web site and in the club magazine. But why would the minutes from a hearing be considered board minutes?

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Guest Edgar

But why would the minutes from a hearing be considered board minutes?

If the board is conducting a hearing, it is doing so at a meeting of the board. But note that the proper minutes of a meeting do not include a transcript of everything that was said; they're only a record of what was done.

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Board minutes are routinely published on the club web site and in the club magazine. But why would the minutes from a hearing be considered board minutes?

If the hearing was held during a Board meeting then the record of what happened would be minutes of a Board meeting.

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Guest Cathy Iacopelli

It was not held during a board meeting. It was a disciplinary hearing, not a meeting of the board. If the club treasury paid for the professional transcriptionist, wouldn't a member in good standing e entitled to a copy of the transcript?

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Guest Edgar

It was not held during a board meeting. It was a disciplinary hearing, not a meeting of the board.

If the board was there, acting as a board, then it was a meeting of the board (at which a hearing was conducted). There is no other way the board can act except at a meeting of the board.

If the club treasury paid for the professional transcriptionist, wouldn't a member in good standing be entitled to a copy of the transcript?

Entitled? No. But the club could certainly provide copies if it wants.

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It was not held during a board meeting. It was a disciplinary hearing, not a meeting of the board. If the club treasury paid for the professional transcriptionist, wouldn't a member in good standing e entitled to a copy of the transcript?

What body was conducting the disciplinary hearing? Also, what do your bylaws say as to what body is supposed to conduct disciplinary hearings in your organization?

Hopefully the two answers will be the same...

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Guest Cathy Iacopelli

The Constitution requires the board or a committee, but no less than three board members must be present. In this case all were board members. Thank you all for your replies. I did not realize that the hearing would be considered a board meeting.

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Guest Edgar

The Constitution requires the board or a committee, but no less than three board members must be present. In this case all were board members. Thank you all for your replies. I did not realize that the hearing would be considered a board meeting.

Well, now, perhaps it wasn't. Your bylaws (apparently) allow for a hearing to be conducted by a committee (as long as at least three board members are present?) or the board. Our point is here is that the hearing constitutes a meeting of some body of which there are members.and it is the members of that body that have parliamentary rights. At least I think that's the way it's supposed to work.

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