Guest Rick Posted December 3, 2014 at 04:45 PM Report Share Posted December 3, 2014 at 04:45 PM How is a notice of motion reflected in the minutes if it contains defamatory information about a colleague? A bylaw exists and states that personal information is dealt with in camera. Link to comment Share on other sites More sharing options...
George Mervosh Posted December 3, 2014 at 05:30 PM Report Share Posted December 3, 2014 at 05:30 PM How is a notice of motion reflected in the minutes if it contains defamatory information about a colleague?A bylaw exists and states that personal information is dealt with in camera. My personal opinion is to omit the inflamatory language and record just the facts of the notice of motion as RONR requires, in keeping with what RONR says previous notice really is. See RONR (11th ed.), pp. 121-24. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 3, 2014 at 05:45 PM Report Share Posted December 3, 2014 at 05:45 PM "A member or officer has the right that allegations against his good name shall not be made except by charges brought on reasonable ground. If thus accused, he has the right to due process - that is, to be informed of the charge and given time to prepare his defense, to appear and defend himself, and to be fairly treated." (RONR 11th ed., p. 656, ll. 1-6) Link to comment Share on other sites More sharing options...
Gary Novosielski Posted December 3, 2014 at 06:55 PM Report Share Posted December 3, 2014 at 06:55 PM How is a notice of motion reflected in the minutes if it contains defamatory information about a colleague?A bylaw exists and states that personal information is dealt with in camera.Then it should be dealt with in camera (i.e., in executive session). But minutes are still kept, except that they are also kept confidential. Link to comment Share on other sites More sharing options...
Josh Martin Posted December 3, 2014 at 08:04 PM Report Share Posted December 3, 2014 at 08:04 PM How is a notice of motion reflected in the minutes if it contains defamatory information about a colleague? A bylaw exists and states that personal information is dealt with in camera.The member probably should have been called to order when he said such defamatory things. You're a bit past that point now, however, so I concur with Mr. Mervosh for how to proceed from here. Link to comment Share on other sites More sharing options...
Guest Guest Posted December 3, 2014 at 08:05 PM Report Share Posted December 3, 2014 at 08:05 PM Yes but the issue is ...if the notice of the motion is verbal....and it shouldn't have been due to confidentially how would this be recorded in the minutes Link to comment Share on other sites More sharing options...
Josh Martin Posted December 3, 2014 at 08:11 PM Report Share Posted December 3, 2014 at 08:11 PM Yes but the issue is ...if the notice of the motion is verbal....and it shouldn't have been due to confidentially how would this be recorded in the minutesThe minutes record what actually happened, whether or not what happened was proper. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted December 3, 2014 at 09:07 PM Report Share Posted December 3, 2014 at 09:07 PM How is a notice of motion reflected in the minutes if it contains defamatory information about a colleague?A bylaw exists and states that personal information is dealt with in camera.I don't know the actual language used.I don't know the nature of the defamatory statement. If the chair rules the motion (or here, the notice) "out of order", then normally minutes do include such a thing, since minutes hold chair's rulings, even adverse rulings.So, in that aspect, there is nothing you can do. But the assembly present could adopt a motion to order the Secretary to suppress the language, so that the minute never see the language. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted December 4, 2014 at 08:41 PM Report Share Posted December 4, 2014 at 08:41 PM If the chair rules the motion (or here, the notice) "out of order", then normally minutes do include such a thing, since minutes hold chair's rulings, even adverse rulings.So, in that aspect, there is nothing you can do. But the assembly present could adopt a motion to order the Secretary to suppress the language, so that the minute never see the language. However, consider the practice of "taking down the words": “Naming” an Offender.In cases of obstinate or grave breach of order by a member, the chair can, after repeated warnings, “name” the offender, which amounts to preferring charges and should be resorted to only in extremecircumstances. Before taking such action, when it begins to appear that it may become necessary, the chair should direct the secretary to take down objectionable or disorderly words used by the member. This direction by the chair, and the words taken down pursuant to it, are entered in the minutes only if the chair finds it necessary to name the offender. Link to comment Share on other sites More sharing options...
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