pamcelesnik Posted March 22, 2014 at 05:21 AM Report Share Posted March 22, 2014 at 05:21 AM Part 1<One of the clubs I belong to, suspended a person for 5 years because of a felony conviction, The 5 years are now up he has paid his price to society and it was time to reinstate him. Well Our constitution does not have anything saying felons not allowed no code of conduct and the BOD re-instated this man, ( he is also a Judge of animals ) the conviction was for sexual assault. well, Many of the members are very upset and calling for heads to roll. As far as everything I have read I do not see that the BOD has any other choice as it was a 5 year suspension and based on the fact he did not get into any more trouble, he did not, Was there any other recourse they could have done? Is there a double indemnity clause in the RNOR? I guess I am asking even thought the BOD 5 years ago only gave him a 5 year suspension could this BOD have expelled this man. with out a law suite?I know No one will ever hire him as a judge they would be crazy if they did. Part Two how do you write an amendment that states no felons with sexual assault records would be allowed in the club? Link to comment Share on other sites More sharing options...
Thomas Ralph Posted March 22, 2014 at 09:37 AM Report Share Posted March 22, 2014 at 09:37 AM 1. The general membership can take disciplinary action against the member on the grounds that he is not of good character and, having followed the procedure under your bylaws and RONR's discipline section, revoke his membership. The board can do nothing unless your society's rules give it power.2. It would go in the bylaws, wherever the other criteria for membership are.We cannot advise on what you might or might not need to do to avoid lawsuits. Ask a lawyer. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 22, 2014 at 01:47 PM Report Share Posted March 22, 2014 at 01:47 PM If by "heads to roll", you mean that folks are angry at the current officers for reinstating him, point out that it was not the current officers, but the assembly as a whole, five years ago, who set the length of suspension. They presumably could have expelled the offender completely, but chose not to. In any case, those folks' argument should be with those who voted as they did five years ago, not with the current leadership. Link to comment Share on other sites More sharing options...
pamcelesnik Posted March 22, 2014 at 05:49 PM Author Report Share Posted March 22, 2014 at 05:49 PM Our Constitution &BL leaves all disciplinary action to the BOD solely as it is a national club and only meets once a year. The penalty was the penalty imposed 5 years ago . That is why I was wondering can you penalize a person twice for the same offence by not re-instating them ? as it should have been and expulsion 5 years ago. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 22, 2014 at 06:00 PM Report Share Posted March 22, 2014 at 06:00 PM Was there any other recourse they could have done? If the suspension was up, it was up, but (if the board has disciplinary authority in your bylaws), there was nothing preventing the board from suspending him again. Or expelling him. Is there a double indemnity clause in the RNOR? No. I guess I am asking even thought the BOD 5 years ago only gave him a 5 year suspension could this BOD have expelled this man. with out a law suite? It violates no rule in RONR for the board to expel him if the board has that authority. Legal questions should be directed to a lawyer. Part Two how do you write an amendment that states no felons with sexual assault records would be allowed in the club? Questions about how to write potential amendments to the bylaws are beyond the scope of this forum. If by "heads to roll", you mean that folks are angry at the current officers for reinstating him, point out that it was not the current officers, but the assembly as a whole, five years ago, who set the length of suspension. They presumably could have expelled the offender completely, but chose not to. They can expel him now too. Our Constitution &BL leaves all disciplinary action to the BOD as it is a national club and only meets once a year. and that was the penalty imposed at that time . That is why I was wondering can you penalize a person twice for the same offence by not re-instating them ? as it should have been and expulsion 5 years ago If a member is suspended for five years, then unless your bylaws provide otherwise, the suspension automatically ends at the end of five years. There's no need to reinstate him. There is, however, nothing which prevents the board from expelling him now. No rule in RONR prevents a society from penalizing a member twice for the same offense. As noted, however, if the society is concerned about a lawsuit, it may be prudent to consult a lawyer before proceeding. Link to comment Share on other sites More sharing options...
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