Jump to content
The Official RONR Q & A Forums

Principles of Interpretation applied to Judicial Matters


DanielEHayes

Recommended Posts

So here are the rules on discipline for one of the organizations I am a member of.

Remember, that this particular "committee" is called as such as dictated by state law. It operates more as a Board of Directors in function though. I will refer to this body by the term SCC.

 

The part the question is about has to do with from RONR(11th ed.), p. 589, l.33-p.589,l.5. "If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited."

Now it clearly lays out the provision for removal of any member. Does this then mean that other penalties can't be metted out against an SCC member?

The part that says that says "Disciplinary action against any Party members shall be provided in accordance with RONR except as provided herein." of course possibly throws some abiguity in there.  Does that just lay out the procedure for investigation? Or does that allow for other forms of discipline such as suspension?




ARTICLE 15: JUDICIAL MATTERS

1.Disciplinary action against any Party members shall be provided in accordance
with Robert's Rules of Order except as provided herein.

2.Officers and other State Central Committee members may be removed for cause
by a two-thirds majority vote of all members of the State Central Committee.

1.The charges against any offending officer must be fully stated in the call for
any State Central Committee meeting at which any removal action is
planned.

2.This call along with the charges must be issued 21 days preceding the
meeting

3.Officers and State Central Committee members may also be removed by a
Special Convention of all Party members by a two-thirds majority vote of
convention delegates voting to carry out the removal. Any vacated office shall
thereupon be filled by an election held at that Convention. Such officers shall
complete the term of the office vacated.

Link to comment
Share on other sites

Perhaps "removal" just refers to removal from office, not expulsion from the society.

 

So Mr Guest,  are saying that judicial matters regarding "general members" of the society could be disciplined as per RONR, but Officers and SCC members can ONLY be removed from office?

There are general dues paying Party members. A Party member is defined as someone that is officially registered with the Secretary of State for the Party's affiliation AND that has satisfied their dues requirement. SO really we have a bunch of layers. We have people registered with the Sec of State, that the Party can't do squat about. Then there are those that also pay dues that are eligible to participate as delegates at convention, then there are people that were elected at convention OR elected as a representative of a parish at a local caucus.

So what can be potentially affected would be the Party members(dues payers) and the SCC members(part of the governing board of directors.)

Link to comment
Share on other sites

"except as provided herein"--but there appears to be nothing in your bylaws specifying penalties other than removal from the society.

 

I disagree.

 

Perhaps "removal" just refers to removal from office, not expulsion from the society.

I agree with Mr. Guest's interpretation.  I think it is clear that the quoted provisions about removal refer to removing officers and members of the SCC from office.

Link to comment
Share on other sites

So Mr Guest,  are saying that judicial matters regarding "general members" of the society could be disciplined as per RONR, but Officers and SCC members can ONLY be removed from office?

I'd say that sounds right, and this is consistent with RONR. While the disciplinary procedures in Ch. XX provide for suspending or expelling members from the society, there isn't really any method to "suspend" an officer or board member from office. They can only be removed from office.

Link to comment
Share on other sites

I might  interpret that language to say that the bylaws provisions must be followed for the specific cases to which they apply, but for all other situations, the rules in RONR apply.

 

If, that is, I were in the habit of interpreting bylaws.    So I'll just call it one potentially reasonable interpretation.

Link to comment
Share on other sites

Guest Tom McKenna,  please post your question as a new topic instead of adding to an existing thread. Think of this thread as the original  poster’s thread. This way, the answers to your question will not be confused with the answers to the question the original poster had, especially if they're completely different situations or if the original poster comes back with follow up questions.

 

You can post a new question by going to the General Discussion forum and clicking on "Start New Topic" near the upper right hand corner.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...