Removal of member whose membership was past due for a year

[Guest John]

It was found tha a member had not paid dues for over a year. The member was confronted by the board and the member states that she had found out that he was past due on their dues and they had made a payment a week prior to the meeting. There was a motion made that if the member showed that they had renewed their membership and could proof to the board that they could keep their position. The member had until the following day to present a receipt stating they were current. The member did not do so however the board found that after the meeting the member renewed His membership. Clearly the member lied and is now threading to sue the board. At no time did the member object to the motion to have him submit a receipt by the following day.

[Chris Harrison]

Do the bylaws specify that a member who is in arrears (behind in his dues) loses rights or his membership entirely?  If not, see RONR p. 406 ll. 25-30.  As for potential disciplinary options for his lying to the Board see FAQ #20.

[Josh Martin]

10 hours ago, Guest John said:

It was found tha a member had not paid dues for over a year. The member was confronted by the board and the member states that she had found out that he was past due on their dues and they had made a payment a week prior to the meeting. There was a motion made that if the member showed that they had renewed their membership and could proof to the board that they could keep their position. The member had until the following day to present a receipt stating they were current. The member did not do so however the board found that after the meeting the member renewed His membership. Clearly the member lied and is now threading to sue the board. At no time did the member object to the motion to have him submit a receipt by the following day.

What is the member threatening to sue the board for? I feel like we are missing something. Did the board take some action in regard to this member?

10 hours ago, Chris Harrison said:

Do the bylaws specify that a member who is in arrears (behind in his dues) loses rights or his membership entirely?

It is not clear whether a rule regarding a member who is in arrears in his dues would be of assistance, since it appears that the member may no longer be in arrears.

Edited June 22, 2018 at 12:57 PM by Josh Martin

[J. J.]

11 hours ago, Guest John said:

 There was a motion made that if the member showed that they had renewed their membership and could proof to the board that they could keep their position.

There are two problems:

1.  Unless the bylaws provide for a member being dropped for nonpayment of dues, he cannot be removed.

2.  Unless the bylaws or rules grant the board the authority to remove a member, they cannot (see Chapter XX). 

[Richard Brown]

2 hours ago, J. J. said:

There are two problems:

1.  Unless the bylaws provide for a member being dropped for nonpayment of dues, he cannot be removed.

2.  Unless the bylaws or rules grant the board the authority to remove a member, they cannot (see Chapter XX). 

I agree with J.J. in part and disagree in part.   I agree with his point # 2 that the board cannot remove a member unless the bylaws grant it the authority to do so.

However, regardless of whether the bylaws say specifically that a member may be removed for non-payment of dues, I believe that such non-payment would still be grounds for removing a member from the organization based on Section 61 of Chapter XX of RONR as stated in the following provisions on pages 643-644:

"In most societies it is understood that members are required to be of honorable character and reputation, and certain types of associations may have particular codes of ethics to enforce. Although ordinary societies seldom have occasion to discipline members, an organization or assembly has the ultimate right to make and enforce its own rules, and to require that its members refrain from conduct injurious to the organization or its purposes. No one should be allowed to remain a member if his retention will do this kind of harm.
Punishments that a society can impose generally fall under the headings of censure,* fine (if authorized in the bylaws), suspension, or expulsion. The extreme penalty that an organization or society can impose on a member is expulsion.
If there is an article on discipline in the bylaws (p. 583, ll. 6–11), it may specify a number of offenses outside meetings for which these penalties can be imposed on a member [page 644] of the organization. Frequently, such an article provides for their imposition on any member found guilty of conduct described, for example, as "tending to injure the good name of the organization, disturb its well-being, or hamper it in its work." In any society, behavior of this nature is a serious offense properly subject to disciplinary action, whether the bylaws make mention of it or not."   (Emphasis added)

I think failure or refusal to pay dues and/or to lie about it would constitute grounds for disciplinary action up to and including expulsion from membership.   

Note:  The full blown disciplinary proceedings as specified in Chapter XX would be required to impose any form of discipline, including expulsion, based on what we have been told.  Those provisions are rather complex and I urge Guest John to study the provisions of Chapter XX of RONR very carefully before undertaking such a process.

 

[Josh Martin]

30 minutes ago, Richard Brown said:

However, regardless of whether the bylaws say specifically that a member may be removed for non-payment of dues, I believe that such non-payment would still be grounds for removing a member from the organization based on Section 61 of Chapter XX of RONR as stated in the following provisions on pages 643-644:

I am sure that J.J. did not mean to suggest that a member in arrears of his dues cannot be removed at all. Unless the organization’s rules provide otherwise, however, doing so will require following the procedures in Ch. XX.

Many organizations assume that a member who is in arrears may automatically be dropped, but this is not correct unless the bylaws so provide.

[J. J.]

1 hour ago, Josh Martin said:

I am sure that J.J. did not mean to suggest that a member in arrears of his dues cannot be removed at all. Unless the organization’s rules provide otherwise, however, doing so will require following the procedures in Ch. XX.

Many organizations assume that a member who is in arrears may automatically be dropped, but this is not correct unless the bylaws so provide.

Yes, that is what I meant, and I should have been clearer.

It is very possible that failure to pay dues could a ground in a disciplinary process for removing someone from membership.  Unless the bylaws specify that the member is removed or suspended from membership when his dues are not paid, the the member has all the rights of membership until there is disciplinary action.