Guest Jenny Posted January 5, 2015 at 04:09 AM Report Share Posted January 5, 2015 at 04:09 AM My question is in three parts:Is failure to do fidicuary duty grounds for disciplinary action to a board member?What kind of action justifies removal of a board member?Who can initiate the process for disciplinary action, and under what circumstances? Link to comment Share on other sites More sharing options...
Bruce Lages Posted January 5, 2015 at 04:29 AM Report Share Posted January 5, 2015 at 04:29 AM The answer to your first two questions is that the actions of individuals that give rise to disciplinary procedures are whatever your association decides warrants such procedures. In some cases, these may be spelled out in the bylaws. In most cases, they are whatever the association decides was injurious to its proper functioning or good name and reputation. Who can initiate the disciplinary process and what that process involves should be spelled out in your bylaws. If the bylaws do not address this, then you need to look at Chapter 20 of RONR. But be warned - the disciplinary process described in Chapter 20 is very detailed and involved. You will need to read and study this very carefully! Link to comment Share on other sites More sharing options...
Josh Martin Posted January 5, 2015 at 04:34 AM Report Share Posted January 5, 2015 at 04:34 AM Is failure to do fidicuary duty grounds for disciplinary action to a board member?What kind of action justifies removal of a board member?Who can initiate the process for disciplinary action, and under what circumstances? We don't have enough facts to answer any of these questions. Take a look at FAQ #20. If the answers to your questions are still unclear, please describe how the term of office for board members is defined in your bylaws. The answer to your first two questions is that the actions of individuals that give rise to disciplinary procedures are whatever your association decides warrants such procedures. In some cases, these may be spelled out in the bylaws. In most cases, they are whatever the association decides was injurious to its proper functioning or good name and reputation. Who can initiate the disciplinary process and what that process involves should be spelled out in your bylaws. If the bylaws do not address this, then you need to look at Chapter 20 of RONR. But be warned - the disciplinary process described in Chapter 20 is very detailed and involved. You will need to read and study this very carefully! Formal disciplinary procedures or cause for removal are not necessarily required for removing a board member, even if the bylaws are silent on this subject. Additionally, even if cause is required, what you describe is the cause required for removing a member. Cause for removing an officer is defined differently. See FAQ #20 and RONR, 11th ed., pgs. 653-654. Link to comment Share on other sites More sharing options...
Guest Jenny Posted January 5, 2015 at 04:59 AM Report Share Posted January 5, 2015 at 04:59 AM Ok, thank you...gotta get a copy of that... Link to comment Share on other sites More sharing options...
Richard Brown Posted January 5, 2015 at 06:02 AM Report Share Posted January 5, 2015 at 06:02 AM Who can initiate the disciplinary process and what that process involves should be spelled out in your bylaws. If the bylaws do not address this, then you need to look at Chapter 20 of RONR. But be warned - the disciplinary process described in Chapter 20 is very detailed and involved. You will need to read and study this very carefully!I concur with Bruce's suggestion that you get a copy of RONR and study chapter XX carefully. It is 26 pages of very detailed requirements and procedures on disciplinary matters and removal of officers. And it was updated and expanded rather significantly in the current 11th edition of RONR. So, when it comes to disciplinary matters, you definitely need the current edition. Link to comment Share on other sites More sharing options...
Guest Jenny Posted January 5, 2015 at 01:47 PM Report Share Posted January 5, 2015 at 01:47 PM I concur with Bruce's suggestion that you get a copy of RONR and study chapter XX carefully. It is 26 pages of very detailed requirements and procedures on disciplinary matters and removal of officers. And it was updated and expanded rather significantly in the current 11th edition of RONR. So, when it comes to disciplinary matters, you definitely need the current edition.So if the by-laws are 'silent' on this, it automatically falls back on the details outlined in RONR? Link to comment Share on other sites More sharing options...
jstackpo Posted January 5, 2015 at 02:05 PM Report Share Posted January 5, 2015 at 02:05 PM Yes, and when you get your RONR (here), be sure to read p. 573, line 33 through p. 574, line 34 as well. It may be relatively easy to push someone out of office (for any reason at all) or rather difficult... depending on your bylaws. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 5, 2015 at 02:16 PM Report Share Posted January 5, 2015 at 02:16 PM So if the by-laws are 'silent' on this, it automatically falls back on the details outlined in RONR?Yes, but as noted, there are two very different procedures for removal of officers in RONR. Which is applicable to your organization depend on what your bylaws say regarding the term of office. Link to comment Share on other sites More sharing options...
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