Meeting to decide discipline

[fixter]

 It was recently discovered that a past president in our company was ordering items for himself on a company account. A meeting was called for the executive board to discuss it. The accused was there to present his side. He admitted to what he had done and made an excuse of putting money for the items in a lock box that has a slot for members to put money in for snacks. The treasurer checked and there was no where near the amount that would be there if he had paid. Now members that supported him argued that someone could have fished the money out of the lock box. It seemed pretty clear to me that theft had occurred and argued such. The president called for a resolution and it was motioned (yelled) that he pay back the money and no other disciplinary action. The person making the motion was obviously doing so to intimidate others. At that point the president adjourned.

 

 Our bylaws really have no way of handling this situation. There is one article on indebtedness to the company but this seemed more like larceny to me. Another article is on expulsion but it gives no reasons for expulsion other then not paying dues. This is also something that would be voted on by general membership.

 

 Since anything not covered in our bylaws is covered by RONR, I am wondering what our procedure should be here. Some of the cronies of this person want to sweep it under the rug but a couple of us think there should be disciplinary action. I am also wondering if this is something to be decided by the board of directors or if it should be the general membership?

 

[jstackpo]

With no "disciplinary action" provisions in your bylaws, RONR Chapter 20 kicks in.  It isn't easy going but it is fair to all.   Follow it carefully!

[Chris Harrison]

If your bylaws had no provisions on discipline whatsoever I would simply direct you to RONR Chapter XX.  However, since there are provisions in place for discipline (though they may not exactly fit the situation) what Chapter XX says might not apply.  I would suggest you all read over the bylaws and any other governing documents carefully to see if there might be something that was missed.  If you can't find anything I would take the matter to the General Membership for guidance as to how to proceed.  With the exception of organizations where the Board has been given extremely broad authority to conduct the business of the organization I think it is safer to let the superior body deal with issues of discipline (even if that authority actually rests with a subordinate one) than the subordinate body take action that they don't have the authority to take*.  It is possible the Membership will kick the issue back to the Board to deal with but better safe than sorry.

 

*: Plus this seems like a potential bylaws interpretation issue which would need to be dealt with by the body which is authorized to amend them. 

[fixter]

What is the title of that chapter? I am looking at the online version as another member has the hard copy. As our bylaw is written, we are currently using the 10th edition.

[Edgar Guest]

What is the title of that chapter? I am looking at the online version as another member has the hard copy. As our bylaw is written, we are currently using the 10th edition.

 

The title of Chapter XX, in both the 10th and 11th editions is "Disciplinary Procedures".

 

And unless your bylaws refer specifically to the 10th edition (which they shouldn't) you should be following the current edition (not that the changes are earth-shattering).

[Richard Brown]

And unless your bylaws refer specifically to the 10th edition (which they shouldn't) you should be following the current edition (not that the changes are earth-shattering).

I agree.  Having the 11th edition, if it is applicable, is especially important when it comes to disciplinary procedures as that chapter was extensively revised in the 11th edition.

 

Edited to add:    By the way, Fixter, the only online version of Robert's Rules of Order that I am aware of is the 100 year old 4th edition published in 1915.  It's rather outdated.... especially when it comes to disciplinary procedures.

[fixter]

The title of Chapter XX, in both the 10th and 11th editions is "Disciplinary Procedures".

 

And unless your bylaws refer specifically to the 10th edition (which they shouldn't) you should be following the current edition (not that the changes are earth-shattering).

 

Ok, I will obtain the hard copy. Our bylaws do specifically state 10th edition. But there are other problems with our bylaws as well .I finally received a copy of them after asking for over 2 years. I compared my copy to one from another member from 2006 and they were word for word identical. I know for fact that I took part in our amendment procedure for one change that was not in them. This is separate problem though.

 

I agree.  Having the 11th edition, if it is applicable, is especially important when it comes to disciplinary procedures as that chapter was extensively revised in the 11th edition.

 

Edited to add:    By the way, Fixter, the only online version of Robert's Rules of Order that I am aware of is the 100 year old 4th edition published in 1915.  It's rather outdated.... especially when it comes to disciplinary procedures.

I will make a motion that the bylaws committee consider this change.

 

To update on the whole situation a board meeting was called to consider the charges. I problem surfaced during this meeting that is the root of many problems in our organization. While myself and one other person called for at least a suspension, the officers that were close friends ( in cahoots) of the person stood and yelled to intimidate others. The president was disgusted and adjourned. Since then many more offenses have come up and will need to be considered. Another thing to consider may be a sergeant at arms. The problem is people being scared to speak their minds which leads to talking behind backs instead.

Thanks!