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proper motion for discipline?


bluessoul82

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Our President and the Past President broke several by-laws codes..  The members of the assembly wants some kind of public record to include public reprimand however, wanting to defer the decision of more consequences to the executive board.    What is the proper wording of a motion that includes both? 

 

We have a general assembly meeting this saturday with delegates/representatives.  one of the delegate wants to make this motion and refer further consequence decision making to the executive board- We will have an executive board meeting immediately after the assembly meeting. 

 

Secondly, Is it possible for the executive board to ask the president to leave the executive session during an executive board meeting, after giving him an opportunity to defend himself, to deliberate on what is appropriate consequences or is it his right as a president to be present during the deliberation?

 

Thanks 

 

 

 

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Our President and the Past President broke several by-laws codes..  The members of the assembly wants some kind of public record to include public reprimand however, wanting to defer the decision of more consequences to the executive board.    What is the proper wording of a motion that includes both? 

 

Based on the facts provided, I'm not sure whether it is in order to defer the decision of more consequences to the executive board.

 

Do your bylaws have their own rules for discipline? Do your bylaws state that officers shall serve for a fixed term "or until their successors are elected?"

 

Secondly, Is it possible for the executive board to ask the president to leave the executive session during an executive board meeting, after giving him an opportunity to defend himself, to deliberate on what is appropriate consequences or is it his right as a president to be present during the deliberation?

 

Based on the facts provided, I'm not sure whether it's in order for the executive board to make those decisions. As for whether he can be present during the deliberation, that also depends. I'll need answers to those previous questions.

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Based on the facts provided, I'm not sure whether it is in order to defer the decision of more consequences to the executive board.

 

Do your bylaws have their own rules for discipline? Do your bylaws state that officers shall serve for a fixed term "or until their successors are elected?"

 

 

Based on the facts provided, I'm not sure whether it's in order for the executive board to make those decisions. As for whether he can be present during the deliberation, that also depends. I'll need answers to those previous questions.

 

 

As quoted from our by-laws

 

 

Section  5.03:  The  Board  of  Directors  shall have general control of the affairs of the Association between Biennial Conferences.

 

 

Section 5.05: The Board of Directors shall convene in executive session where circumstances warrant, i.e., when discussing sensitive personnel matters, and/or matters involving litigation.

 

 

Section 5.07: An elected or appointed Board member shall be removed after a due process hearing for failure to carry out their duties or for other good and sufficient reason by a two- thirds (2/3) vote of the Board of Directors present.

 

 

Section 5.08: Any Board member, who is terminated for due cause, and whose actions have caused harm to the Association or could have caused harm, may reapply for membership to the Association but shall not serve on the Board of Directors.

 

 

That's all i found in the bylaws that could be applicable. 

 

When I worded executive Board, it is because we do not have board of director in place.   Our board of directors consists of 5 members of executive board and adding four "members at large" to make it executive board.      Is it possible for us to go ahead and have board of directors meeting with just executive board members?  

 

As for the consequences- we were thinking more like restitution for expenses incurred, and maybe a letter of apology.  Something that could be documented. 

 

 

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Our President and the Past President broke several by-laws codes..  The members of the assembly wants some kind of public record to include public reprimand however, wanting to defer the decision of more consequences to the executive board.    What is the proper wording of a motion that includes both? 

 

Based on the additional facts provided, something like the following seems appropriate: "I move to censure the President and Past President for [reasons] and instruct the Executive Board [or Board of Directors] to consider further consequences." If those consequences are to include removal from office, that would appear to be the sole purview of the Board of Directors.

 

Secondly, Is it possible for the executive board to ask the president to leave the executive session during an executive board meeting, after giving him an opportunity to defend himself, to deliberate on what is appropriate consequences or is it his right as a president to be present during the deliberation?

 

Based on the additional facts provided, I'd say the President has the right to be present, since he is a member of the Executive Board. He is not presently under disciplinary suspension, and the bylaws do not appear to strip him of his right to be present during the deliberations.

 

When I worded executive Board, it is because we do not have board of director in place.   Our board of directors consists of 5 members of executive board and adding four "members at large" to make it executive board.      Is it possible for us to go ahead and have board of directors meeting with just executive board members?  

 

Unless the bylaws provide otherwise, I see no reason why not. It looks to me like you do have a Board of Directors in place - it just doesn't have all of its members yet.

 

As for the consequences- we were thinking more like restitution for expenses incurred, and maybe a letter of apology.  Something that could be documented. 

 

Requiring a letter of apology is fine. Unless the bylaws permit the society to levy fines as a form of punishment, I believe restitutions would only be in order if the society is requiring the officers to pay back funds they did not have the authority to spend.

 

For all of these issues, it is ultimately up to the society to interpret its own bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

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