Disciplinary Procedures when President is the Complainant

[Kittyb4me]

Hi All,

 

I am the current President of a small, local club of animal fanciers. We have one member who has repeatedly attacked me personally and challenged my ethics via email. Each and every incidence of the emails were always forwarded on to the other board members for documentation and notice. I chose to let the first 3 sets of this behavior slide, without proceeding with a complaint. The fourth time, I felt that it was time for the board to act. After reviewing the club's bylaws, the board met (7 member board, including the President), and asked me to file a formal complaint with the Secretary as per the bylaws, which I have done. In the bylaws, the Board is to read the complaint, give notice to the accused, and set a time of trial within 3 weeks of receiving the complaint.

 

After filing the formal complaint, both the Secretary and 2nd Vice President recused themselves from the hearing process. Obviously, I don't feel comfortable being part of the ultimate decision making process as the complainant in the matter. We are all puzzled as to how to proceed. Should the hearing and decision be left to the remaining 4 board members, or do we need to find some alternative way to handle this?

 

Any words of wisdom would be welcomed!

 

[Richard Brown]

What do your bylaws say about the hearing process?  Who (what body) conducts the hearing?  Do the bylaws specify that it shall be the board.... or is it the general membership?  

 

Edited to add:  Although I think you have the right to participate in the hearing, I agree that in order to avoid the appearance of impropriety it is best that you not take part in it other than, perhaps, as a witness.   That leaves the remaining four members of the board to handle it unless your bylaws provide another option.

[Edgar Guest]

What do your bylaws say about the hearing process?  Who (what body) conducts the hearing?  Do the bylaws specify that it shall be the board.... or is it the general membership?  

 

Whether it's the board or the general membership, I think the question is whether the complainant should preside at the trial. I doubt that the answer is "Yes".

[Bruce Lages]

You state that "In the bylaws the Board is to read the complaint, give notice to the accused, and set a time of trial within 3 weeks of receiving the complaint". What is not clear from this is whether the intent of this bylaw is that the board itself conducts the trial or whether the board can designate some other group to conduct the trial. If the latter is a possibility, then you would be able to avoid being directly involved in the decision making process.

 

If your organization's interpretation is that the board should conduct the trial, then you also have the option of being present - if your presence might be necessary to achieve a quorum - but not taking part in the proceedings, and especially not taking part in the determination of guilt ot innocence. If you do have 4 board members out of 7 total who are willing to make the decision, then there should be no question of achieving a quorum (unless your rules specify a greater number) and you could excuse yourself entirely from the proceedings.