Guest CM Posted December 9, 2014 at 04:35 PM Report Share Posted December 9, 2014 at 04:35 PM 1. Our social club bylaws state the president will preside at all meetings. We are having a special BOD meeting to remove the treasurer. The president is unable to maintain calm and impartiality when dealing with this person and wants someone else to chair the hearing. The vice presidents have neither the desire nor experience to do so. Can another board member or even an outside person chair the meeting upon the adoption of a motion at the start of the hearing? 2. I am familiar with the breaches of order procedures. if at the discipline hearing, the person who is the subject of this hearing is repeatedly out of order and is removed from the hall pursuant to RR can the hearing continue without him? Does this person forfeit their right to present a defense and witnesses since they were out of order? Link to comment Share on other sites More sharing options...
Rev Ed Posted December 9, 2014 at 05:51 PM Report Share Posted December 9, 2014 at 05:51 PM The President can relinquish the Chair. But it is up to the organization to approve a Chair pro tem if the Vice Presidents refuse to chair the meeting (which suggests that there is a bigger issue going on here as part of the job of the Vice Presidents is to take over if the President is not around. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted December 9, 2014 at 06:10 PM Report Share Posted December 9, 2014 at 06:10 PM 2. I don't think RONR specifically covers this situation. But more generally (which should suffice), it says: "If the accused fails to appear for trial at the appointed time as directed, the trial proceeds without him [RONR 11th Ed., p 664, lines 17 - 18]." Link to comment Share on other sites More sharing options...
Edgar Guest Posted December 9, 2014 at 06:21 PM Report Share Posted December 9, 2014 at 06:21 PM If at the discipline hearing, the person who is the subject of this hearing is repeatedly out of order and is removed from the hall pursuant to RR can the hearing continue without him? Does this person forfeit their right to present a defense and witnesses since they were out of order? He certainly has no right to disrupt the meeting but in his absence (or restraint) his case could be made by a more well-behaved advocate. Link to comment Share on other sites More sharing options...
Richard Brown Posted December 9, 2014 at 07:30 PM Report Share Posted December 9, 2014 at 07:30 PM 1. Our social club bylaws state the president will preside at all meetings. We are having a special BOD meeting to remove the treasurer. The president is unable to maintain calm and impartiality when dealing with this person and wants someone else to chair the hearing. The vice presidents have neither the desire nor experience to do so. Can another board member or even an outside person chair the meeting upon the adoption of a motion at the start of the hearing?Addressing only your first question, and agreeing with Rev Ed, the chair can relinquish the chair and have someone else preside. this would normally be the vice presidents in order of their rank. If they all decline to serve, the assembly technically elects a chairman pro tem to preside at that meeting. However, as a practical matter, it can and usually is handled by unanimous consent. The chair says something of to the effect of, "I am going to relinquish the chair for this proceeding. Since both of the vice presidents have also declined to chair the meeting, if there is no objection, the chair will appoint Johnny Neutral to serve as chairman pro tem for this meeting. Is there an objection? Hearing none, Johnny Neutral will serve as chair." If there is no objection, Johnny Neutral is your guy. If there is an objection.....from even one member..... then the assembly needs to actually elect someone to preside. Link to comment Share on other sites More sharing options...
Josh Martin Posted December 9, 2014 at 07:38 PM Report Share Posted December 9, 2014 at 07:38 PM 1. Our social club bylaws state the president will preside at all meetings. We are having a special BOD meeting to remove the treasurer. The president is unable to maintain calm and impartiality when dealing with this person and wants someone else to chair the hearing. The vice presidents have neither the desire nor experience to do so. Can another board member or even an outside person chair the meeting upon the adoption of a motion at the start of the hearing?Yes.2. I am familiar with the breaches of order procedures. if at the discipline hearing, the person who is the subject of this hearing is repeatedly out of order and is removed from the hall pursuant to RR can the hearing continue without him? Does this person forfeit their right to present a defense and witnesses since they were out of order?The trial may continue without the accused after he is removed from the hall through proper disciplinary procedures. If the accused has appointed someone to represent him in the trial, that person could continue to present a defense and call witnesses even after the accused is removed from the hall. If the accused was defending himself, then he will be unable to exercise his rights to present a defense and witnesses if he is removed from the hall. Link to comment Share on other sites More sharing options...
George Mervosh Posted December 9, 2014 at 09:02 PM Report Share Posted December 9, 2014 at 09:02 PM The trial may continue without the accused after he is removed from the hall through proper disciplinary procedures. Agreed. Getting tossed from a meeting as a member under the rules in RONR takes some effort on the member in question's part. In doing so the accused is basically giving up his right to attend and it's all self-inflicted. Link to comment Share on other sites More sharing options...
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