Board violates bylaws in a motion and vote

[Traveling Bill]

What recourse, if any, is available when a board, in executive session, passes a motion that violates the club's bylaws?

 

The chair, despite my repeated suggestions to read RONR, doesn't know how to run a meeting using RONR.  Instead of stating the motion was out of order, the chair allowed the vote to proceed and the motion passed.  

[George Mervosh]

It's unclear if a proper point of order was raised and his subsequent ruling appealed during the meeting itself.

 

Depending on the violation, there may be a continuing breach of the rules or it might be too late for a board member to raise a point of order at this point in time.

 

More facts would be helpful.  The fact it was done in executive session almost certainly makes no difference.

[Traveling Bill]

I was not at the meeting, so I don't know what transpired.  What I am getting is 2nd hand.

 

I highly doubt anyone on the board addressed the violation at the time.

 

What facts do you need?  If it is the offense, the board failed to follow the process in the bylaws for suspending a member of the organization.  

 

The member is supposed to be given notice and allowed to answer the charges prior to a vote.  Instead, the board suspended the member, then called him and told him he was suspended.  That is another violation since the member is supposed to be notified in writing.

[Josh Martin]

What facts do you need?  If it is the offense, the board failed to follow the process in the bylaws for suspending a member of the organization.  

 

The member is supposed to be given notice and allowed to answer the charges prior to a vote.  Instead, the board suspended the member, then called him and told him he was suspended.  That is another violation since the member is supposed to be notified in writing.

Yes, these are the sorts of facts we need, and a violation of this sort does constitute a continuing breach. A Point of Order should be raised at the next board meeting that the suspension is null and void, followed by an appeal if necessary. If the board sustains the Chair's ruling upon appeal, these steps should be repeated at the next meeting of the membership. It may also be appropriate to discipline members of the board for their action in this matter.

[Traveling Bill]

REALLY appreciate the feedback.  

 

Since the action took place in exec session, is there a problem with someone not present at the exec session from making the point of order?  Also, the point of order would take place at a regular meeting, not an exec session.

 

There is a process in the bylaws for organization members to hold board members accountable, but the bylaws make it nearly impossible to do so because of the required number of body members for that action.  I warned the body about the percentages, but they were/are kind of aimless when it comes to the bylaws.  

 

For regular business, 2% of members make a quorum.  For action against a board member, 5% is a quorum.  To get a bylaw amendment on the ballot, 10% of members must sign a petition.  IMO, the board members who were the primary authors of the bylaws really solidified their positions.  

[Josh Martin]

Since the action took place in exec session, is there a problem with someone not present at the exec session from making the point of order?

 

Well, there is no problem with the Point of Order itself. There may be some other problems, depending on the specifics. If the person in question is a member of the board (and therefore had a right to be present), but just happened to be absent from that meeting, there is no problem. Absent board members can (and probably should) be filled in on what happened during a meeting of the board held in executive session.

 

If the person is not a member of the board, then the fact that the member knows these things is quite troubling. It most likely means that one or more board members have violated the confidentiality of executive session, which is a problem the society will have to deal with. Again, however, this does not undermine the validity of the Point of Order.

 

Also, the point of order would take place at a regular meeting, not an exec session.

 

I'm not sure that's wise. Since the original action was taken in executive session, and the action involved disciplinary action, I think it would be highly advisable to handle this matter in executive session.

[Richard Brown]

Since the action took place in exec session, is there a problem with someone not present at the exec session from making the point of order?  Also, the point of order would take place at a regular meeting, not an exec session.

 

I'm not sure that's wise. Since the original action was taken in executive session, and the action involved disciplinary action, I think it would be highly advisable to handle this matter in executive session.

I agree that it is preferable that this be taken up in executive session, but i suspect that the member who was suspended is powerless to call or insist on an executive session on his own.  He might not even be able to attend or participate. 

 

The suspended member, or someone on his behalf, should certainly raise a point of order and try to get the board (or the assembly... whichever group is meeting) to go into executive session.  It's up to the members, though, whether to do so.  There might be no choice but to do it in an open session. 

 

The suspended member might also consider consulting an attorney, preferably one who is also very knowledgeable in parliamentary procedure, about what legal recourse he might have if he believes his rights were violated.

[Richard Brown]

. . . the board failed to follow the process in the bylaws for suspending a member of the organization.  

 

The member is supposed to be given notice and allowed to answer the charges prior to a vote.  Instead, the board suspended the member, then called him and told him he was suspended.  That is another violation since the member is supposed to be notified in writing.

You and the member who was suspended should read and study chapter XX on discipline in the 11th edition of RONR very carefully.  Don't use an older version:  the chapter on discipline was rather extensively modified and expanded in the 11th edition.  It is very detailed and rather complicated and is intended to insure that the accused is provided with due process.  Actually, every member of the board should read that chapter.  Notice and an opportunity to defend oneself is a critical part of affording due process.

 

Caveat:  Any provisions on discipline in your bylaws that differ from RONR would trump RONR and maybe even render the procedures in RONR inapplicable.

[Traveling Bill]

Thanks much.

 

I have read Chap XX.  I am afraid, however, the board will ignore any reference to RONR even though our bylaws say it is to be used to conduct meetings.  Afterall, the board ignored the bylaws with respect to discipline in the first place.

 

The board's failure to follow no less than 2 articles of the bylaws would simply be the charges brought against the board members if a member of the body decides to raise a point of order.

 

It is a sad state of affairs.

[Traveling Bill]

An officer has now posted the members' names and reasons for suspension on the club's web page.  He also sent an email to all club members with the same information.  This is clearly a violation of the secrecy of executive session under RONR.

 

I emailed the club president and asked if the officer will be suspended for violating the club bylaws (they state RONR is used in all meetings) and since the confidentiality of executive session has been broken, that is clearly a violation.

 

One of the suspended members told some of his friends what was happening, but since he was not present at the executive session, he is not subject to the secrecy rules under RONR.

 

I don't know if the email and web post fall under defamation or not.  But if it does, I hope it brings the board members to legal justice.  Nothing else seems to rein them in.