Golfer Posted March 25, 2016 at 08:14 PM Report Share Posted March 25, 2016 at 08:14 PM I am the president of a private golf course and a written complaint by the proshop manager was made in writing against a club member interrogating an employee regarding the hours people work in the pro shop and became aggressive and intimidating enough that the proshop manager filed a harassment complaint against this individual. Our bylaws have a procedure in which the member has to appear in front of the board for questioning in executive session. This member has heard through the grapevine that he has a written complaint against him and I told him he did and he needed to be at our next board meeting to address the situation. Now he has informed me he is legally entitled to review the complaint. There is nothing in our bylaws regarding anyone seeing the written complaint. I am concerned the member may have it out with the proshop manager who wrote the complaint if he is able to see all the details of the complaint. What information do I have to give and not give to the member whom the complaint is against? Link to comment Share on other sites More sharing options...
Thomas Ralph Posted March 25, 2016 at 08:28 PM Report Share Posted March 25, 2016 at 08:28 PM Nothing in RONR requires you to give the mentioned information to the member in question. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 25, 2016 at 09:01 PM Report Share Posted March 25, 2016 at 09:01 PM 27 minutes ago, Golfer said: I am the president of a private golf course and a written complaint by the proshop manager was made in writing against a club member interrogating an employee regarding the hours people work in the pro shop and became aggressive and intimidating enough that the proshop manager filed a harassment complaint against this individual. Our bylaws have a procedure in which the member has to appear in front of the board for questioning in executive session. This member has heard through the grapevine that he has a written complaint against him and I told him he did and he needed to be at our next board meeting to address the situation. Now he has informed me he is legally entitled to review the complaint. There is nothing in our bylaws regarding anyone seeing the written complaint. I am concerned the member may have it out with the proshop manager who wrote the complaint if he is able to see all the details of the complaint. What information do I have to give and not give to the member whom the complaint is against? RONR has no rules that apply to "complaints", but your bylaws apparently do. You have to show him whatever your discipline procedures say, and no more. It seems unlikely that he is "legally" entitled to see anything, since your board is not a court of law. RONR makes note of that when it points out that the rules of evidence aren't the same in a private disciplinary action as they would be in court. But to keep out of trouble, make sure that if any discipline is imposed, you make sure no details are spread outside the organization. RONR warns that it could leave you open to libel or slander charges, so you might end up in a court of law after all. Nothing above should be considered legal advice. If you have any actual questions on what the laws in your jurisdiction actually say, consult an actual lawyer. Which I'm actually not. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted March 25, 2016 at 09:03 PM Report Share Posted March 25, 2016 at 09:03 PM 43 minutes ago, Golfer said: [...] He has informed me he is legally entitled to review the complaint. [...] Q. What information do I have to give and not give to the member whom the complaint is against? "Legally entitled"? If you are asking a LEGAL question, then we cannot help you. Laws vary from state to state. -- Consult a lawyer. Your bylaws might already hold the local answer. -- Consult your bylaws. *** >> Our bylaws have a procedure in which the member has to appear in front of the board for questioning in executive session. Wham! -- You've already got rules in place which supersede Robert's Rules of Order. Obey your bylaws. Link to comment Share on other sites More sharing options...
Richard Brown Posted March 25, 2016 at 09:59 PM Report Share Posted March 25, 2016 at 09:59 PM Well, I think that at a minimum he is entitled to be advised of the charges against him and given an opportunity to prepare and to put on a defense. To me, this means advising him of the charges ahead of time. But, if your organization's rules or members provide for discipline against a member without him being afforded those fundamentals of due process, good luck to you. What do you plan to tell him? Just that some unknown person filed a complaint against him for doing something wrong but you aren't going to tell him what that something is? Really? If the disciplinary procedures of RONR are followed, he is entitled to a lot more than that. I think that plain old fair play dictates that he is entitled to more than that, too. I suspect you do, too and that you are trying to figure out how to handle this. btw, what do your rules say happens after that questioning in executive session? Can he be kicked out on the spot or does it escalate to another step, such as a trial or hearing or vote of the general membership? Do the bylaws give the board the authority to expel a member or impose other punishment? Questioning is one thing. Taking action based on that questioning is something else. I am also curious as to why he learned "through the grapevine" that someone has filed a complaint against him and that he should attend the next board meeting. Why wasn't he notified officially about the complaint and the need to appear? How far in advance did you plan on informing him? The day of the meeting? If he is disciplined without being afforded fundamental minimum due process, I wish you luck if he decides to sue you. We don't give legal advice on here, but I can tell you I've read lots of court opinions and it is my opinion that although the courts don't seem to be sticklers for dotting i's and crossing t's when it comes to discipline in private societies, they do look for fundamental due process, namely, that the accused is advised of the charges against him and given an opportunity to put on a defense. I've also sat in on and been a part of such wrongful expulsion trials. I leave it to you to decide what is reasonable. But, if RONR is your guide, or even it it isn't, I urge you to read the "Steps in a Fair Disciplinary Process" on pages 656-670 of RONR. At a minimum, it's an excellent guide. Of course, any customized rules of your organization would trump those in RONR, but RONR sets out what is undoubtedly a fair process, even if more detailed and a bit more convoluted than most organizations like. Link to comment Share on other sites More sharing options...
Golfer Posted March 25, 2016 at 10:56 PM Author Report Share Posted March 25, 2016 at 10:56 PM Thank you for all the advice - the manager that filed the complaint has no problem letting the member have a copy of the complaint. After further investigation, the conclusion is that this is more bullying than official harassment as defined by the US dept of labor. The member was a member of a budget committee that was dissolved in march due to a new director who gets to pick a new committee, and the member was not aware he was not placed on the committee. I don't foresee the board taking any action other than telling him that since he is no longer on the budget committee he can put his badge away and just enjoy golf, leave the rest to us. Link to comment Share on other sites More sharing options...
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