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tamali

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We are a Non-Profit Association and our bylaws  regarding new members states:  Applicants for regular membership will present samples of their work to the Executive Board.  Upon acceptance by the Executive Board, they will undergo a six month probationary membership after paying their annual dues, which are non-refundable.  During that period, they will be expected to fulfill all the membership duties required by this Association.

 

We have a new member of two months  and she preceded to take our sales book records (sales that are written by members selling merchanise, arts and crafts into this book each day which is tallied and recorded by our Treasurer) She made her own financial statement of all our profits for the entire year of 2012 and passed copies of her record to our members who attended the general meeting.  Our Treasurer had no idea she was doing this.  Each month our Treasurer gives a detailed financial report at the general meeting and we file tax returns etc.  Everything is always voted on by the membership and we donate funds to many organizations.  This member never asked permission from anyone on the board to do this.  Her claim during the meeting was that  we are a non-profit which makes our fininancial records available to the public.  Our members took home this report that she passed out. She proceeded to tell us how we can increase our sales, raise our dues, up our commission and what we should be doing.  We are all volunteers in this non-profit. We have been in business since 1978 . Many members are upset and feel she is nothing but trouble and that being on probation the board should derminate her membership.  She was rude and dominated the meeting and already is trying to run the organization. 

 

Any information you can give us. I thank you in advance.  We don't want any problems or repercussions. Are we within our rights from our bylaws to terminate her membership?

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Unless your bylaws have procedures for revoking a probationary membership before the 6 month period is over you are stuck with her for the time after which you all would do whatever you need to do when the period is up and you don't want to keep the probationary member on (or follow whatever procedures your bylaws require to expel her from membership).

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Do the By-laws deal with disciplinary actions?  If so, you would need to follow the By-laws to deal with the member.  Otherwise, read Chapter XX of RONR about disciplinary actions against this member up to and including expulsion.

 

We have a new member of two months  and she preceded to take our sales book records (sales that are written by members selling merchanise, arts and crafts into this book each day which is tallied and recorded by our Treasurer) She made her own financial statement of all our profits for the entire year of 2012 and passed copies of her record to our members who attended the general meeting.  Our Treasurer had no idea she was doing this.  Each month our Treasurer gives a detailed financial report at the general meeting and we file tax returns etc.  Everything is always voted on by the membership and we donate funds to many organizations.  This member never asked permission from anyone on the board to do this.  Her claim during the meeting was that  we are a non-profit which makes our fininancial records available to the public. 

 

I do not understand how she made these statements public if she only handed them to other members?  But in some jurisdictions, the financial statements of not for profits are accessible through a government website due to the fact that they are being given a 'tax break'.  Although this may only apply to not for profits that have a charitable status (i.e. are allowed to issue tax receipts.)  Of course the Board could ask the membership to approve the Statements prepared by the Treasurer.

 

 

She proceeded to tell us how we can increase our sales, raise our dues, up our commission and what we should be doing.

 

Nothing wrong here.  She has every right, at a membership meeting, to make motions under 'New Business' about the operation of the organization.

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She made her own financial statement of all our profits for the entire year of 2012 and passed copies of her record to our members who attended the general meeting.  Our Treasurer had no idea she was doing this.  Each month our Treasurer gives a detailed financial report at the general meeting and we file tax returns etc.

RONR has no rules about a member of an organization making a presentation about publicly available information. Was the information incorrect?

 

She was rude and dominated the meeting and already is trying to run the organization.

RONR has quite a lot of information about what a Chair can do to run a meeting properly, and ensure that one member does not dominate the discussion.

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Her claim during the meeting was that  we are a non-profit which makes our fininancial records available to the public.

 

Well, she may be right. That sounds like a question for a lawyer.

 

Are we within our rights from our bylaws to terminate her membership?

 

Since your bylaws have their own customized rules on the subject, your organization will have to interpret those rules. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

 

RONR has no rules about a member of an organization making a presentation about publicly available information.

 

The member claimed the information she took was publicly available. It doesn't seem the organization has yet determined whether this claim is correct.

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