ErnieCunn Posted November 12, 2015 at 01:10 AM Report Share Posted November 12, 2015 at 01:10 AM In what I believe was a "kangaroo court" a member of our membership organization, a 501© corporation, was expelled from membership by the Board of Trustees. This Board is controlled by a single domineering, intimidating individual and comprised mostly of his hand picked lieutenants who do his bidding. The expelled member is the hardest working, most dedicated member of our organization and was a member of the Board until expelled. The expelled member voiced his disagreement to proposed actions at many of the meetings of the Board. This coupled with his knowledge of illegal actions involving the expenditure the organization's funds initiated or conducted by the controlling individual is, an all probability, the reason the controlling person brought charges for expulsion. Not willing to lay down and die the expelled member is seeking reinstatement through legal counsel. The following is quoted verbatim from our by-laws regarding reinstatement: Reinstatement - Any member suspended or expelled by the Board of Trustees may appeal to the full membership of the organization. Such appeal must be made in writing to the Recording Secretary, who shall inform the President. A special meeting of the organization shall be called for the purpose of acting on the appeal. All voting members in good standing shall be notified. At the special meeting , the Recording Secretary shall read the original charges, the supporting affidavits and/or testimony, and will read or display the accompanying exhibits. Shall also read the minutes of the meeting of the Board of Trustees at which the charges were heard and the action taken. A written vote will be taken on the question of reinstatement and a two-thirds vote of the members (in good standing) present shall be required to reverse the action taken by the Board of Trustees. The scheduling of and notification of members of the reinstatement meeting is pending. There may be an attempt to exclude the expelled member from the reinstatement meeting. Can this be done? I would not think the expelled member can be denied representation either personally or in conjunction with his legal counsel . The by-laws provide no provision for discussion at the reinstatement meeting. Must discussion be conducted? Must a motion be made before discussion can occur? According to Roberts Rules what order of business must occur at this meeting? Thank you all for your assistance on this issue. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted November 12, 2015 at 01:33 AM Report Share Posted November 12, 2015 at 01:33 AM ...a member of our membership organization was expelled from membership by the Board of Trustees....Reinstatement - Any member suspended or expelled by the Board of Trustees may appeal to the full membership of the organization....There may be an attempt to exclude the expelled member from the reinstatement meeting.Can this be done? I would not think the expelled member can be denied representation either personally or in conjunction with his legal counsel .Your own customized rule does not grant permission for a non-member (the expelled party) to attend anything. Robert's Rules of Order does not grant permision for a non-member (the expelled party) to attend meetings of an organization. So, you have two governing documents which do NOT recognize any "right" for a FOMER MEMBER to have any rights, except to draft an appeal (per your own customized rule). So, to answer your posed question, "Yes, it can be done (viz., to exclude all former members from all meetings)." Link to comment Share on other sites More sharing options...
Josh Martin Posted November 12, 2015 at 01:47 AM Report Share Posted November 12, 2015 at 01:47 AM All of the following answers are based on Robert's Rules of Order Newly Revised. The rules in your bylaws on this subject supersede what RONR has to say on the matter, but interpreting your bylaws is up to your organization and is beyond the scope of this forum. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. Additionally, since there are already lawyers involved and there appear to be allegations of illegal actions, it would seem highly advisable to seek legal counsel regarding these matters. The scheduling of and notification of members of the reinstatement meeting is pending. There may be an attempt to exclude the expelled member from the reinstatement meeting. Can this be done? I would not think the expelled member can be denied representation either personally or in conjunction with his legal counsel . Nothing in RONR grants non-members a right to attend meetings, and the individual in question appears to no longer be a member of the society. Even if the individual was still a member, the member would not have a right to have a non-member attend as his counsel. Therefore, so far as RONR is concerned, it is up to the membership to determine if the expelled member and/or his counsel may attend the meeting. The by-laws provide no provision for discussion at the reinstatement meeting. Must discussion be conducted? Must a motion be made before discussion can occur? A motion must be made before discussion can occur. This is a main motion, so it is debatable unless your rules provide otherwise. According to Roberts Rules what order of business must occur at this meeting? RONR does not describe what order of business must occur at this meeting, since there is no procedure in RONR to appeal from an expulsion (because in RONR, only the society itself has this power, so there's no one left to appeal to). RONR does contain procedures for a trial (pgs. 663-668) and for review of a trial committee's recommendation (pgs. 668-669), and those procedures may serve as a guide in determining an appropriate order of business for this meeting. Link to comment Share on other sites More sharing options...
ErnieCunn Posted November 12, 2015 at 02:32 AM Author Report Share Posted November 12, 2015 at 02:32 AM I understand your various replies. I thank you for them. Though the by-laws stipulate that Roberts Rules shall govern the conduct of meetings they do not supersede a person's legal right of representation. Agree or disagree? Link to comment Share on other sites More sharing options...
Josh Martin Posted November 12, 2015 at 02:37 AM Report Share Posted November 12, 2015 at 02:37 AM I understand your various replies. I thank you for them.Though the by-laws stipulate that Roberts Rules shall govern the conduct of meetings they do notsupersede a person's legal right of representation. Agree or disagree? Nothing in RONR supersedes any requirements in applicable law, although whether the accused does, in fact, have a legal right to representation in a trial by a private society is beyond the scope of this forum. As I have previously suggested, seeking legal counsel seems highly advisable. Link to comment Share on other sites More sharing options...
ErnieCunn Posted November 12, 2015 at 03:06 AM Author Report Share Posted November 12, 2015 at 03:06 AM Many thanks. You have been most helpful. Legal counsel is engaged. Link to comment Share on other sites More sharing options...
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