Guest peggyc Posted October 10, 2012 at 05:15 PM Report Share Posted October 10, 2012 at 05:15 PM The Board of Directors (our By-Laws appoint them as the committee) will recommend expulsion of a member for having damaged the integrity of the association. We have held a review in private with the accused, and will go forward with the recommended expulsion. The "trial" will be held at the next regular meeting, and we think we have taken all proper steps in accordance with Roberts Rules and our own By Laws.At the time of the recommendation presentation, I have been told that we are not allowed to state the offense because of libel laws, but can only say the offense as stated in our By Laws, and that the membership will need to trust the integrity of the Board they appointed and that we investigated to the best of our ability the charge.Is it true we can not say exactly what she did and said to bring this action against her? Link to comment Share on other sites More sharing options...
JohnR Posted October 10, 2012 at 05:40 PM Report Share Posted October 10, 2012 at 05:40 PM LIbel is a question of law — we do not tackle law questions in this forum.I'm confused. If the board is ready to recommend expulsion, why are you having a trial? The purpose of a trial is to come to the conclusion that the member is guilty or not. It seems the board has already come to that conclusion and the assembly's role is to adopt the punishment (or not). Link to comment Share on other sites More sharing options...
Rev Ed Posted October 10, 2012 at 06:06 PM Report Share Posted October 10, 2012 at 06:06 PM While I cannot comment on the libel issue - here is my own two cents: If I were a member of this organization and the Board will not disclose the offense committed, I would vote against expulsion - how can I expel a member when I do not know exactly what the offense was and so do not know if I can concur with the Board's decision or not.In other words, talk with a lawyer and be prepared to have to discuss the issue at the meeting if you really want the member expelled. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted October 11, 2012 at 04:09 AM Report Share Posted October 11, 2012 at 04:09 AM John, why do you think (if I understand you accurately) that the membership should think that the board's impression is the end of it? I don't see how we here on the Internet could know enough about the procedures of Guest_peggyc_*'s organization to say. Link to comment Share on other sites More sharing options...
JohnR Posted October 11, 2012 at 03:42 PM Report Share Posted October 11, 2012 at 03:42 PM If the board is acting as a Committee on Discipline, it shouldn't be recommending expulsion without having already found the accused guilty. So either the verdict has been arrived at, in which case the assembly's role is to debate the proposed punishment, or the board is jumping the gun. Of course I don't know what the bylaws say but we are told they have "taken all proper steps in accordance with Robert's Rules." Link to comment Share on other sites More sharing options...
sMargaret Posted October 11, 2012 at 07:11 PM Report Share Posted October 11, 2012 at 07:11 PM According to Section 63 of RONR: "STEPS IN A FAIR DISCIPLINARY PROCESS. Most ordinary societies should never have to hold a formal trial, and their bylaws need not be encumbered with clauses on discipline. For the protection of the society and members alike, however, the basic steps which, in any organization, make up the elements of fair disciplinary process should be understood. Any special procedures established should be built essentially around them, and the steps should be followed in the absence of such provisions."The steps are confidential investigation by committee, report of the investigation committee; preferral of charges, formal notification of the officer or member, trial procedure, assembly's review of a trial committee's findings. See pages 656 to 669 (yes, there is a great deal of detail).From the 10th edition - not sure if has changed in 11th: "Since a society has the right to prescribe andenforce its standards for membership, it has the right to investigate the character of its members as maybe necessary to this enforcement. But neither the society nor any member has the right to make publicany information obtained through such investigation; if it becomes common knowledge within the society,it should not be revealed to any nonmember. Consequently, a trial must always be held in executivesession; and the introduction and consideration of all resolutions leading up to the trial also should takeplace when nonmembers are not present" Link to comment Share on other sites More sharing options...
David A Foulkes Posted October 11, 2012 at 08:13 PM Report Share Posted October 11, 2012 at 08:13 PM From the 10th edition - not sure if has changed in 11th: ".....Ummm..... why don't you just look? Link to comment Share on other sites More sharing options...
sMargaret Posted October 11, 2012 at 08:54 PM Report Share Posted October 11, 2012 at 08:54 PM Ummm..... why don't you just look? Issues with space-time continuum. I don't keep it with me at all times. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 11, 2012 at 09:09 PM Report Share Posted October 11, 2012 at 09:09 PM I don't keep it with me at all times.I keep hearing references to "RONR IN BRIEF" (something like "BABY ON BOARD"?) but it seems that would be pretty uncomfortable.Speaking of baby on board, is there any rule . . . aw, forget it.3NU28Z Link to comment Share on other sites More sharing options...
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