Hearing for Charges

[Guest Tina]

If a member files charges against another member and then the filing member becomes a Board member prior to the hearing would said Board member be able to sit on the Board for the hearing? Our bylaws do not address this, so I wondered if Robert’s Rules has anything to say on the subject. Thank you in advance for any information you can provide.

[Chris Harrison]

RONR p. 407 ll. 22-31 says:

No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. ... However, no member can be compelled to refrain from voting in such circumstances.

 

Whether this situation constitutes one of those interests is something the member will have to decide.

[Gary Novosielski]

Your method of "filing charges" appears to differ substantially from the discipline procedures in RONR.  For one thing, the Board would not be involved in a hearing, so the defendant's membership or non-membership on the board would make no difference.

[Guest Tina]

This is a snip from our bylaws in which it is the Board who has authority for the hearing, that is why I question if it would be appropriate for the members who became Board members after they filed charges to now be voting on what will happen to the member they filed against. We are a Board of 9 and now 2 seats are held by the complainants. 

 

"Section 3) Board Hearing 

The Board shall have complete authority to decide whether counsel may 

attend the hearing, but both complainant and defendant shall be treated 

uniformly in that regard. Should the charges be sustained after hearing all 

the evidence and testimony presented by complainant and defendant, the 

Board may by a majority vote of those present reprimand or suspend the 

defendant from all privileges of the club for not more than six months from 

the date of the hearing."

[Guest Nancy N.]

Guest Tina, Post 2, by Chris Harrison, told you what we can tell you.

[Josh Martin]

This is a snip from our bylaws in which it is the Board who has authority for the hearing, that is why I question if it would be appropriate for the members who became Board members after they filed charges to now be voting on what will happen to the member they filed against. We are a Board of 9 and now 2 seats are held by the complainants. 

 

Whether it would be appropriate depends on whether this constitutes a "personal or pecuniary interest not in common with other members." In any event, however, the members certainly have the right to vote unless your bylaws provide otherwise.

[Guest Tina]

I guess I felt this would be a conflict of interest and wondered how a fair hearing can be held with the complainants now sitting on the board.

 

Thank you for the information.

[Chris Harrison]

I guess I felt this would be a conflict of interest and wondered how a fair hearing can be held with the complainants now sitting on the board.

It is entirely possible your concern has merit.  However, RONR won't be helpful in keeping the complainant from participating or voting at the hearing.  If your concerns come to pass (or even if they don't) you all might want to amend the bylaws so there is a process in place to deal with the situation if it comes up again.

[Guest Tina]

It is entirely possible your concern has merit.  However, RONR won't be helpful in keeping the complainant from participating or voting at the hearing.  If your concerns come to pass (or even if they don't) you all might want to amend the bylaws so there is a process in place to deal with the situation if it comes up again.

 

Thank you Chris, I had already been thinking the same thing.