Guest Harry Posted October 17, 2012 at 03:57 PM Report Share Posted October 17, 2012 at 03:57 PM Our by laws state"By a written vote of 2/3's of the membership present at a regular meeting of the Association, any member may be expelled for violation of the By Laws or Rules of the Association and/or for unsportsmanlike or unbecoming conduct, upon the written complaint by any member to the Executive Committee which shall investigate said complaint before proposing said expulsion at said regular meeting. The general membership shall be advised of the proposed expulsion via written notification, to be sent not less than 2 weeks prior to said meeting."The Complaint, The Trial, The PunishmentOur Board recently received a complaint against an Association member. The Board held a trial of that member, first notifying that member of the trial via Certified Mail. A Board quorum of 9 members attended the trial, with 8 of those members having a vote. Meeting minutes of that trial show a vote to recommend expulsion to the general membership failed. The same minutes show the Board voted to approve a one year probation for the accused. Via Certified Mail the Board notified member that he was on 1 year probation, with 6 conditions the member must follow. The notice further stated that if the accused violated any of the 6 conditions the Board would recommend expulsion to the general membership.My QuestionDoes the Board have authority to impose probation, when the ByLaws make no mention of probation as a disciplinary action?Thanks to everyone.... Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 17, 2012 at 04:15 PM Report Share Posted October 17, 2012 at 04:15 PM Our by laws state"By a written vote of 2/3's of the membership present at a regular meeting of the Association, any member may be expelled for violation of the By Laws or Rules of the Association and/or for unsportsmanlike or unbecoming conduct, upon the written complaint by any member to the Executive Committee which shall investigate said complaint before proposing said expulsion at said regular meeting. The general membership shall be advised of the proposed expulsion via written notification, to be sent not less than 2 weeks prior to said meeting."The Complaint, The Trial, The PunishmentOur Board recently received a complaint against an Association member. The Board held a trial of that member, first notifying that member of the trial via Certified Mail. A Board quorum of 9 members attended the trial, with 8 of those members having a vote. Meeting minutes of that trial show a vote to recommend expulsion to the general membership failed. The same minutes show the Board voted to approve a one year probation for the accused. Via Certified Mail the Board notified member that he was on 1 year probation, with 6 conditions the member must follow. The notice further stated that if the accused violated any of the 6 conditions the Board would recommend expulsion to the general membership.My QuestionDoes the Board have authority to impose probation, when the ByLaws make no mention of probation as a disciplinary action?Thanks to everyone...."A society has no executive board, nor can its officers act as a board, except as the bylaws may provide; and when so established, the board has only such power as is delegated to it by the bylaws or by vote of the society's assembly referring individual matters to it." RONR (11th ed.), p. 482. ll. 25-29. Link to comment Share on other sites More sharing options...
Guest Harry Posted October 17, 2012 at 04:23 PM Report Share Posted October 17, 2012 at 04:23 PM ....vote of the society's assembly referring individual matters to it." RONR (11th ed.), p. 482. ll. 25-29.What exactly does this mean? I can interpret it several ways but maybe not the correct way.Thank you Dan Link to comment Share on other sites More sharing options...
Sean Hunt Posted October 17, 2012 at 04:23 PM Report Share Posted October 17, 2012 at 04:23 PM While Dan's post is correct, I do not think that there is anything preventing the board deciding to inform the member that they will recommend expulsion if they fail to adhere to certain conditions---the board is allowed to tell someone whatever it likes (even if there are things it shouldn't), and it is allowed to recommend expulsion. The member is free to take the matter to the membership, either before or after violating the "conditions" of probation.That said, you may want to consider disciplinary action against the board, if you think it is exceeding what its power should be. Link to comment Share on other sites More sharing options...
Sean Hunt Posted October 17, 2012 at 04:25 PM Report Share Posted October 17, 2012 at 04:25 PM What exactly does this mean? I can interpret it several ways but maybe not the correct way.Thank you DanIt means that your board may be referred matters by your society's assembly. For instance, at a general meeting, you might choose to give it temporary power to make a larger purchase than the bylaws normally allow. Link to comment Share on other sites More sharing options...
Guest Guest Posted October 17, 2012 at 04:41 PM Report Share Posted October 17, 2012 at 04:41 PM While Dan's post is correct, I do not think that there is anything preventing the board deciding to inform the member that they will recommend expulsion if they fail to adhere to certain conditions---the board is allowed to tell someone whatever it likes (even if there are things it shouldn't), and it is allowed to recommend expulsion. The member is free to take the matter to the membership, either before or after violating the "conditions" of probation.That said, you may want to consider disciplinary action against the board, if you think it is exceeding what its power should be.The Board, acting on a written complaint, held a trial for the accused. The Board voted not to expel that member. After the Board vote to not expel the President suggested probation, which the Board then voted to approve.Recommending expulsion to the membership after the Board already voted "no" for expulsion is a kind of double jeopardy for the accused. He was found not guilty and that should be the end of it. I'd think..that after the Board voted"no" for expulsion....a new complaint would have to be filed against the accused and a new trial take place.How can the Board revoke their "no" vote???Thanks everyone..... Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 17, 2012 at 05:00 PM Report Share Posted October 17, 2012 at 05:00 PM He was found not guilty and that should be the end of it.Was he? It seems to me that a person could be found guilty and yet not be expelled (just as you could be found guilty of murder yet not be sentenced to death).You also cite bylaws which refer to an Executive Committee but then talk about a Board. Are these separate entities? Link to comment Share on other sites More sharing options...
Guest Harry Posted October 17, 2012 at 05:04 PM Report Share Posted October 17, 2012 at 05:04 PM Edgar;By Laws call it EC but everyone calls it a Board. Semantics in this case. Link to comment Share on other sites More sharing options...
JohnR Posted October 17, 2012 at 05:17 PM Report Share Posted October 17, 2012 at 05:17 PM 1. Why is the board even holding a trial in the first place? Your bylaws specify an investigation.2. Your quoted bylaws authorize the board to recommend expulsion. They do not authorize the board to impose discipline, so it cannot put a member on probation.3. A board member may raise a point of order that probation violates the bylaws and is null and void. Or a meeting of the general membership may declare it null and void. Link to comment Share on other sites More sharing options...
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