Membership Issues

[Guest Michael Bundek]

My organization is a Volunteer Fire Company in Delaware we are a corporation. It is State law that if a person is convicted of certain crimes they cannot apply to be a member of a Fire Company within the State. My company also wants to create a bylaw that allows for us to place a person on suspension if they are charged with the same crimes outlined in the law. My question is and a subject of an internal debate is how do these members get reinstated if the charges are dropped or they are found not-guilty. Some of the membership feels we should conduct a vote and with a 2/3 majority to take the person off the suspenstion. My feeling is the reinstatement is automatic. I feel this violates due process for the member. Does Roberts Rules have a section that spells out the above situation? Does Roberts Rules require members to have due process?

Thank you for your help

[Gary Novosielski]

RONR has an entire chapter (Ch. XX) that deals with discipline, but since you're drafting your own bylaws provision, you can make it say whatever your company wants it to say, consistent with applicable state laws.

I agree that if they're no longer charged with anything, there're no grounds to continue the suspension, but ultimately it will depend on how you draft that bylaws provision, and how it reads if and when it's adopted.

[Guest Edgar]

Does Roberts Rules require members to have due process?

"Due process", generally speaking, simply means following the rules so, yes, a book of rules would require that the rules are followed.

Since you're referring to a corporation, and a quasi-public one at that, you'd be well advised to consult with an attorney.