Jump to content
The Official RONR Q & A Forums

rescinding sanctions already served


bobby101

Recommended Posts

Is there any action or remedy permissible under RONR to address sanctions that were illegally imposed (that is that the sanctions were imposed on a member in violation of the members' rights under the club's by-laws) on  members by order of the board? The sanctions were carried out. The board was told that actions that involved violations of the by-laws were null and void and that actions like these where a sanction was imposed could subject the organization (the members), and the board to legal action including loss of the organization's 501© designation.

Link to comment
Share on other sites

Once the actions authorized by the adoption of a motion have been completed, it's too late to rescind the motion. Our favorite example is a motion to paint the clubhouse. Once it's been painted, it's too late too rescind that motion (but not too late to adopt another motion to paint it again).

 

In the case you describe I suppose the remedy would depend on the nature of the sanction. If the member was suspended for three months and those three months are over, it's too late.

 

I suppose you could discipline (i.e. sanction) the body that imposed the sanctions (i.e. the board), especially if you think they were imposed with the knowledge that they were illegitimate.

 

You might also be able to offer some sort of recompense (if only an apology) to the improperly sanctioned member.

Link to comment
Share on other sites

Expanding on Mr. Guest's example of a suspension I would say that although you can't go back in time and give the member his 3 months back the organization can go on record and indicate the 3 month suspension was improperly imposed.  That could be helpful in cases when the suspension could affect the member in something he is attempting to do (giving a reference when he is applying for membership in another organization, running for office, if he is subject to discipline in the future and if he had been suspended in the past that would make the punishment more severe this time, etc).

Link to comment
Share on other sites

Is there any action or remedy permissible under RONR to address sanctions that were illegally imposed (that is that the sanctions were imposed on a member in violation of the members' rights under the club's by-laws) on  members by order of the board? The sanctions were carried out. The board was told that actions that involved violations of the by-laws were null and void and that actions like these where a sanction was imposed could subject the organization (the members), and the board to legal action including loss of the organization's 501© designation.

 

This is ridiculous. Nothing has changed in RONR since the last time you rehashed this scenario.

http://robertsrules.forumflash.com/index.php?/topic/23098-section35-rescindamend-something-previously-adopted/

(among numerous others).

Link to comment
Share on other sites

Archived

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

×
×
  • Create New...