Is there any problem with this Article in Bylaws?

[Lee Ashby]

Article XIII Disciplinary Action

 

Section 1: Any violation of the Bylaws, and any operational guidelines and policies by any member of the Department will be cause for disciplinary action A Grievance Board will be responsible for determining the disciplinary action of the Department.  At no time will an alleged violation be brought to a business meeting.  The Grievance Board will consist of a Tactical Officer, Administrative Officer, and a Tactical member of the Department.  This Board will be appointed by the President. A record of the findings of the Grievance Board will be retained by the President and stored in his/her office in a confidential file.  These findings may be reviewed in the event of future offenses.  Disciplinary action may consist of a written warning, probation, suspension, or termination at the discretion of the Grievance Board. All Grievance Board decisions will be made within five (5) work days and the result reported to the violator and the person requesting the Grievance Board. See Chapter XX, Section 60, Disciplinary Procedures, of Robert's Rules of Order for detailed procedures for and processes for conducting such proceedings.

 

Section 2: Any Tactical officer may suspend any conditional or tactical member for a period of seven (7) days for any violation of procedures or orders.  During the seven (7) days suspension, the officer shall file a grievance within the first forty-eight (48) hours with the Chief and/or President so that a Grievance Board may be established.

 

Section 3: The Grievance Board will interview all suspected violators and witnesses involved in the grievance before making any decisions.

 

Section 4: At any regular business meeting, a vote of confidence may be called for from the floor against any elected or appointed official.  A committee will be appointed to investigate the facts and will report at the next regular business meeting at which time a vote will be called for a lack of confidence will be taken.  The motion requires three-fourth (3/4) Vote of the voting members present to pass.  In the event of the passage, the office in question will be declared vacant.  The Chairperson will call a special election in accordance with Article II, Section 8 of the Bylaws. Voting will be by secret ballot.

 

This was written identical to what is in the currently accepted By-Laws of my fire department.  Can anyone tell me if there is any ethical issues, or problems that would conflict with current Robert's Rule of Order? This is a first time that this department will have to use this and we want to make sure it is valid and ethical to use.

[jstackpo]

Only thing to change is to strike the reference to "Section 60"  --  the Chapter reference is sufficient (and the section numbering in RONR has changed since your bylaws were written or amended).

 

If there is anything inconsistent between your bylaws and RONR, your bylaws/rules are the ones to follow - they supersede RONR.

[Guest Edgar]

Can anyone tell me if there is any ethical issues, or problems that would conflict with current Robert's Rule of Order? 

 

Not anyone here.

 

And your organization is free to adopt rules that conflict with RONR.

 

But I would avoid such legalese as "seven (7)". If people don't know what "seven" means you've got problems that bylaws won't fix.

 

Also avoid "three-fourth (3/4) Vote of the voting members present". Simply say "three-fourths vote". Or, better yet, "two-thirds vote".

[Lee Ashby]

Thank you for looking and advising.