Disciplinary Procedures

[Kay Wren]

I am trying to determine the proper way to deal with this and have not found definitive answers, I apologize if I missed them.

Specific questions that are not addressed in our bylaws or standing rules and defer to RONR

 

1. Can a Disciplinary Meeting be called with no notice of the purpose given to the accused (or presumably other attendees) beforehand?
2. Does the accused have a right to hear charges and build a defense prior to the Disciplinary Meeting?
3. Who has the right to vote in said Meeting (is there anyone in attendance with voting rights not permitted to vote)?
4. If procedures were not properly followed, is there any recourse for the accused?

[Transpower]

Please review Chapter XX of RONR (11th ed.).  

[Guest stature]

1.No - accused has due process rights 

2. yes - accused has due process rights

3 no - unless your bylaws say otherwise

4 appeal as per organizations bylaws

 

read Ch XX Disciplinary Procedures and review your bylaws.  Under Robert's Rules, your member has rights to due process, notice of the charges, the right to appear, to defend, and to be treated fairly. Disciplinary procedures as a “drastic step” and Robert's Rules recommends that an “organization first make every effort to obtain a satisfactory solution of the matter quietly and informally”  

[Richard Brown]

4. If procedures were not properly followed, is there any recourse for the accused?

 

4 appeal as per organizations bylaws

Well, not necessarily.... and only within certain limitations.   Almost all errors in procedure must be objected to at the time of the breach with a point of order.  If the accused or someone in the meeting disagrees with the ruling of the chair, that particular ruling can probably be appealed just as any other ruling of the chair could be.  Some errors, such as failure to notify the accused of the charges against him in advance of the hearing, might constitute a continuing breach, but a point of order re such failure still should be raised asap.

 

If the hearing (trial) is before a hearing committee or board of some kind, and not before the membership itself, it might be possible to appeal to the general assembly depending on the bylaws.

 

However, if the trial is conducted by the assembly (the membership), there is no appeal from that decision.  The only recourse for the accused is to file a lawsuit against the organization contesting the disciplinary action.

[Guest stature]

A failure to give notice of charges is a very serious breach and the member should definitely try asserting a continuing breach if it happened at an assembly of membership.  What if the member is so overwhelmed by being blindsided with accusations and a surprise trial  or they didn't read Ch XX that they missed making the point of order and other objections during the meeting?  Doesn't sound fair to do this and leave members with an expensive and unrealistic remedy of a lawsuit for slander where they'd be likely unable to prove monetary damage (ie no real remedy for being put on trial for discipline with no notice).

[Richard Brown]

Guest Stature, my objection to your responses was limited to your answer to question No 4 re what options does the accused have if proper procedures were not followed.  Your response said simply to appeal.  That response is very misleading.  There is no appeal from the final decision of the assembly and most objections to errors in procedure must be raised at the time of the breach by a point of order in order to appeal to the assembly for a determination on that particular point of order. 

 

It's what some of us call the "You snooze, you lose" rule:  Just as in a court of law, an objection to the vast majority of procedural errors must be timely.... objections must be made at the time of the breach or they are deemed waived.

[Josh Martin]

1. Can a Disciplinary Meeting be called with no notice of the purpose given to the accused (or presumably other attendees) beforehand?

2. Does the accused have a right to hear charges and build a defense prior to the Disciplinary Meeting?

3. Who has the right to vote in said Meeting (is there anyone in attendance with voting rights not permitted to vote)?

4. If procedures were not properly followed, is there any recourse for the accused?

There are two sets of answers to your questions, depending on the specifics. The first set of answers is regarding cases where a formal trial is required, which will certainly apply if this disciplinary meeting is regarding a member and may apply if it is regarding an officer, depending on some wording in the bylaws. See FAQ #20 for more information.

1.) No. Notice is required for the accused (but not for other attendees, unless this is a special meeting or the bylaws so provide).

2.) Yes.

3.) The accused may not vote. All other members can vote.

4.) Maybe. It depends on what procedures were not properly followed. If the accused was not notified, that would be a continuing breach and a Point of Order and Appeal could be raised at any meeting.

The second set of answers is regarding cases where a formal trial is not required. This may apply if this is regarding an office, depending on some wording in the bylaws. See FAQ #20 for more information.

1.) Yes. Notice is not required for the accused or other attendees (unless this is a special meeting or the bylaws so provide), but providing notice will lower the voting threshold required to remove the officer from office. See FAQ #20 for more information.

2.) No.

3.) All members may vote, although the accused should not do so.

4.) Maybe. It depends on what procedures were not properly followed.

Lastly, if your bylaws contain their own procedures for discipline, then those procedures must be followed.