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expulsion


Guest Brock

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I'm afraid that will depend mostly on your bylaws and on how the members with the power to expel a member view the situation.  All organizations have the right to insist that their members be of good moral character, etc.  I'm fairly certain the Optimist clubs have pretty detailed provisions in their bylaws or other rules regarding discipline.  That's where you need to look first.

 

Your question is not answered directly in RONR, but RONR does have an entire chapter of 26 pages on discipline and disciplinary procedures.

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Can a member be banned from an Optimist program for having a argument on a Sunday when it was just adults around?

 

Nothing in RONR prohibits arguments among optimists (or, for that matter, pessimists) on a Sunday (or, for that matter, any other day of the week. And It doesn't matter whether "just adults" or adults and kids are around.

 

In fact, argument (we call it "debate") is pretty much what RONR is all about (when to do it, how to do it, who can do it, how to stop it, etc.).

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  • 3 weeks later...

 . . . if a member is expelled by the board of directors by a 2/3rds majority and appeals to the general body, does it require a 2/3 reds majority of the body to reinstate the member

 

You might want to see if the board has the authority to expel members. You might also want to take a look at Official Interpretation 2006-13.

 

For future reference, this forum works best if you'll post new questions as new topics, even if you find an existing topic that's similar.

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Thanks, our bylaws provide for expulsion by the board by 2/3 which was done however it also allows for appeal to the general body but I can't find anything in Roberts regarding what majority is required and it is not specified in our bylaws

I believe this is a matter of interpreting your organization's bylaws, which is something only your organization itself can do.  Interpreting bylaws is outside the scope of this forum.

 

Normally, per RONR, an assembly can countermand board action by a majority vote.... unless the bylaws provide otherwise in a particular situation.  RONR also provides that, absent a bylaw provision to the contrary, it takes a two-thirds vote to expel a member.  That seems to be the same standard your board is held to.

 

But as to what vote it takes for the general membership to sustain or reverse a board decision to expel a member, I'm afraid RONR does not provide an answer.  That is something your organization will have to decide, perhaps first by a ruling by the chair and then possibly an appeal of his ruling to the assembly.

 

Edited to add:  Stay tuned, as someone else may have a different take on things.

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I think any further discussion warrants a new thread (i.e. topic).

Well, the original question should have been posted as a new topic, as you pointed out.   Since it was posted here rather than as a new topic, the first response probably should have suggested that it be re-posted as a new topic without answering the question. 

 

But, since the first response did answer (or attempt to answer) the question, and then then guest Mark responded with more information, and I then responded to his additional information, I'm not so sure at this point that he should have to re-post the question as a new topic and that we all start over.  But, I'm good with it either way, as long as my response stays with the thread or I can copy and paste it rather than having to draft it again.  :-)

 

Is it possible for the forum administrator to move the question AND the replies?

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 . . . the first response probably should have suggested that it be re-posted as a new topic without answering the question. 

 

I did suggest that new questions be posted as new topics. And the question was easy enough to answer. But there was no need to continue the discussion on this thread.

 

Is it possible for the forum administrator to move the question AND the replies?

 

I think that's much too much to ask.

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Thanks, our bylaws provide for expulsion by the board by 2/3 which was done however it also allows for appeal to the general body but I can't find anything in Roberts regarding what majority is required and it is not specified in our bylaws

 

I concur that this will be a question of bylaws interpretation. See RONR, 11th ed., pgs. 588-591.

 

Normally, per RONR, an assembly can countermand board action by a majority vote.... unless the bylaws provide otherwise in a particular situation.  RONR also provides that, absent a bylaw provision to the contrary, it takes a two-thirds vote to expel a member.  That seems to be the same standard your board is held to.

 

But as to what vote it takes for the general membership to sustain or reverse a board decision to expel a member, I'm afraid RONR does not provide an answer.  That is something your organization will have to decide, perhaps first by a ruling by the chair and then possibly an appeal of his ruling to the assembly.

 

Edited to add:  Stay tuned, as someone else may have a different take on things.

 

Normally, a decision to expel a member cannot be reversed, as the fact that the member was expelled cannot be undone. Rather, the organization would need to follow its procedures to admit the member anew.

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I concur that this will be a question of bylaws interpretation. See RONR, 11th ed., pgs. 588-591.

 

 

Normally, a decision to expel a member cannot be reversed, as the fact that the member was expelled cannot be undone. Rather, the organization would need to follow its procedures to admit the member anew.

I agree, but in this case, according to guest Mark's comment in post # 6, their bylaws do provide for an appeal of an expulsion to the general membership.  It is still a matter of bylaws interpretation as to the vote required to sustain or reverse the decision of the board, though, as to the expulsion.

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And i would add that if it is determined that the board can and did properly expel a member, and this was sustained by the membership, the same person can become a member in the future by whatever method new members become members.  

 

For all I know that might be a lower threshold than overturning a board decision.

 

Just sayin'.

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