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Roberts Rules and expulsion of a club member


Guest gary s

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When do the steps outlined by Roberts Rules supercede a club's bylaws? Situation: A club member is not acting in the best interests of our club and has engaged in activity which jeopardizes the existance of the club. The club's bylaws state:

"Any member's membership may be suspended or terminated for cause by the Executive Board at at special meeting or Executive Board meeting called for the purpose, after the member has been informed of the charge against him or her, and has been given a reasonable opportunity to answer the allegation(s) in writing or otherwise present his or her defense against the allegation."

The bylaws definition of "for cause" states "...includes, but is not limited to..." (and, goes on to list limited examples of reasons for dismissal from the club). Finally, the bylaws state that "A majority vote of the executive board or a 3/4 majority of any committee of the executive board created for such purpose is required to sustatin chargeds and fix any penalty."

In a separate section, the bylaws also state that "Roberts Rules of Order shall govern all deliberations at all meetings of the membership and Executive Board in all cases in which they are applicable".

So, bottom line question- to remove a member from the club, can the executive board simply follow the language contained in our bylaws: 1) Call an executive session, 2) inform the member of the charges/allegations, 3) allow reasonable opportunity to the accused to respond to the charges, and finally 4) vote on the expulsion?

Or, is the organization required to hold a formal trial, with a committee appointed to investigate the charges, hold witness testimonies (with rebuttals) and,allow for legal representation and finally, vote on the motion for expulsion (with all of the steps outlined in Robert's Rules). I understand I've said a mouthful here, but I'm looking for some opinion from those who know more about Robert's than I. We're a relatively small, private club. Thanks folks.

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When do the steps outlined by Roberts Rules supercede a club's bylaws?

Never. The Bylaws supersede Robert's Rules.

So, bottom line question- to remove a member from the club, can the executive board simply follow the language contained in our bylaws: 1) Call an executive session, 2) inform the member of the charges/allegations, 3) allow reasonable opportunity to the accused to respond to the charges, and finally 4) vote on the expulsion?

Or, is the organization required to hold a formal trial, with a committee appointed to investigate the charges, hold witness testimonies (with rebuttals) and,allow for legal representation and finally, vote on the motion for expulsion (with all of the steps outlined in Robert's Rules). I understand I've said a mouthful here, but I'm looking for some opinion from those who know more about Robert's than I. We're a relatively small, private club. Thanks folks.

The organization should follow its Bylaws.

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We have a small Tenant Council in a retirement home that has had some of it's "board members" who have resigned for various reasons: ill health, moving out of building and illness in family. Currently we have no positions filled for a remaining year of their term except the Secretary and Treasurer. The outgoing President (who is moving away) think that if there is not Vice-Pres. to replace the Pres., then the Secretary automatically assumes the position of President, and at that meeting a new Secretary has to be voted in along with Vice- Pres, and other offices that have been left open. My main question is about whether the Secretary AUTOMATICALLY steps up and takes the job of PRESIDENT without the council having to take a vote on it? Judith Lee, Tenant Council Treasurer

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We have a small Tenant Council in a retirement home that has had some of it's "board members" who have resigned for various reasons: ill health, moving out of building and illness in family. Currently we have no positions filled for a remaining year of their term except the Secretary and Treasurer. The outgoing President (who is moving away) think that if there is not Vice-Pres. to replace the Pres., then the Secretary automatically assumes the position of President, and at that meeting a new Secretary has to be voted in along with Vice- Pres, and other offices that have been left open. My main question is about whether the Secretary AUTOMATICALLY steps up and takes the job of PRESIDENT without the council having to take a vote on it? Judith Lee, Tenant Council Treasurer

Josh, my question doesn't include the board trying to remove any board member from office. All but Secretary & Treasurer positions are empty for various reasons altho none were voted out of their position. All have turned in their resignations for several different reasons. Our main question is: if the Presdient resigns because of moving out of the complex, does the SECRETARY AUTOMATICALLY & OFFICIALLY become the President for the remainder of the previous President's term and then at the conclusion of that term there would be a council vote for a new Pres. along with the other offices that are ending at the same time. Our officers are voted into term for 2 years beginning in Jan. of said year. The President's position still has the rest of March thru December of 2013.

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