Non-member issues

[Guest new Parli-lady]

I have recently been appointed as Parliamentarian to my local Volunteer Fire Department. We are having a lot of issues with some people threatening to NOT pay their yearly membership dues yet show up at our quarterly general membership meeting. Their plan is to show up to the meeting, remove the current board, and vote a whole new board in. I am having some issues finding anything in RROO or Non-Profit Act on how to deal with this possible issue. Any help would be greatly appreciated!!!!

[jstackpo]

You won't find anything to "help" you with members who do not pay their dues - p. 406 makes it clear that being in arrears in dues payment does not take away any members' rights.

Unless your bylaws say so. So check your bylaws carefully. Also, perhaps, check the law (whatever it may be) that is applicable to your VFD.

And while you are at it, check that the Board can be "removed" in the way your friends plan. That should be in your bylaws, too.

[Chris Harrison]

Can't really comment about the Non-Profit Act besides that you should find out what agency governs non-profit bodies in your State and ask them. As for RONR these members being in arrears in their dues doesn't remove any of their rights of membership unless the bylaws say they do (RONR p. 406 ll. 25-30).

[sMargaret]

You will wish to check how board members can be removed - see FAQ #20, and double check your own bylaws.

You also don't need to do anything about people threatening not to pay their dues, except perhaps listen to their reasons for doing so.

[Guest new Parli-lady]

Thank you for your help so far. Our current bylaws do NOT have any info concerning removal of board members. I have been referencing RROO and the Non-Profit Corporation Act for Texas. The only thing our bylaws says is that dues are payable January 1st, but that current status is retained until March 1. From that date on until dues are paid and current, those members will be held in a non-member status. With that being said, can they be denied access to the General Membership meeting on March 9th?

Also, can anyone help me with where to look concernin defamation, slander, and libel actions being done against the Fire Department Board as a whole and specifically targeting the current Treasurer? (who was voted BACK into office in December, unopposed by unanimous vote)

Thanks again for all your help!!!!!

[Guest Edgar]

From that date on until dues are paid and current, those members will be held in a non-member status. With that being said, can they be denied access to the General Membership meeting on March 9th?

I have no idea what it means for a member to be "held in a non-member status" unless that it means he's not a member, in which case he can be denied access to any meeting. If it means something else in Texas you're on your own.

[sMargaret]

The only thing our bylaws says is that dues are payable January 1st, but that current status is retained until March 1. From that date on until dues are paid and current, those members will be held in a non-member status. With that being said, can they be denied access to the General Membership meeting on March 9th?

It would seem to make sense that "held in non-member status" means that they're non-members, and without member rights, but it will be up to your organization to interpret your own bylaws.

Also, can anyone help me with where to look concernin defamation, slander, and libel actions being done against the Fire Department Board as a whole and specifically targeting the current Treasurer? (who was voted BACK into office in December, unopposed by unanimous vote)

Yes - talk to a lawyer. RONR will address conduct and behaviour during meetings, but not legal actions.

[Guest new Parli-lady]

Thanks Edgar. In our current bylaws, nonmembers have no voting rights. The people threatening to NOT pay their dues are the same people that want to come to a General Membership Meeting and completely remove the current Board for our Volunteer Fire Department.

[Guest Edgar]

In our current bylaws, nonmembers have no voting rights.

Just no voting rights? What about the right to attend meetings? What about the right to speak at meetings?

You might want to make sure that if one of your members is being "held in non-member status", he then has no more rights than, for example, I do. Or does he?

[Guest new Parli-lady]

Like I previously stated, I have just taken the Parliamentarian position. I am also the chairperson for the Bylaw Committee. Most of the questions everyone is asking me are NOT currently in our bylaws. (which is one of the reasons the committee was formed. Our current bylaws are very vague on numerous important issues.)

SECTION 4.

Membership dues are due and payable as of January 1 each year. Members who have paid dues for the preceding year may continue to participate in all fire department membership meetings with full voting rights until March 1 of that current year. After March 1 of the current year, an unpaid member will be carried in a non-current status without voting rights until such time as dues are paid in full. New members dues may be pro-rated in quarterly (calendar year) increments for the current year

This is what is currently stated about membership dues that are not paid. This is just one example of how vague our bylaws are.

The main reason I am researching is so that I can help our current Board President keep order at the upcoming March 9th General Membership Meeting.

[Guest Edgar]

Well, we can't interpret your bylaws here but as a new parliamentarian I hope you'll appreciate the need for accuracy. What you initially described as "held in a non-member status" turns out to be "carried in a non-current status". Not that it makes things any clearer.

One thing that does seem clear is that these delinquent members won't be able to vote. But that doesn't necessarily mean they can't attend the meeting, make motions, and speak in debate, the same as any other member.

[sMargaret]

The bylaw is pretty clear that members who haven't paid after March 1st do not have voting rights. Whether or not they can participate in other ways, or even attend, would be up to your organization to interpret.

As a practical matter, I'd suggest your organization should come prepared to collected membership dues at the door (assuming the bylaws don't specify how membership dues should be collected).

[David A Foulkes]

And just to make note here, a member who does not have the right to vote does not count towards a quorum. What impact that may have on your meeting, one can only guess.