Guest Samatha Alley Posted October 9, 2018 at 06:17 PM Report Share Posted October 9, 2018 at 06:17 PM Can you return a member's check with a letter stating the person does not have the best interests of the organization - without a trial? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted October 9, 2018 at 06:23 PM Report Share Posted October 9, 2018 at 06:23 PM 4 minutes ago, Guest Samatha Alley said: Can you return a member's check with a letter stating the person does not have the best interests of the organization - without a trial? No rule in RONR would permit a member to be expelled that way. You will need to look to your bylaws for any rule regarding expulsion and if none exist, see Chapter XX in RONR (11th ed.). Often times a trial is needed. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 9, 2018 at 08:15 PM Report Share Posted October 9, 2018 at 08:15 PM 1 hour ago, Guest Samatha Alley said: Can you return a member's check with a letter stating the person does not have the best interests of the organization - without a trial? I'm wondering: if the member's check had not yet been cashed, how long had this member been a member? In any case, if the person actually was a member, then the question of whether the person does or does not have the best interests of the organization at heart is not one that can be arrived at by a single individual, but rather by due process. Check your bylaws for specifics on disciplinary procedures, or, if they are silent, the rules in Chapter XX (20) of RONR probably apply. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted October 9, 2018 at 09:42 PM Report Share Posted October 9, 2018 at 09:42 PM (edited) 3 hours ago, Guest Samatha Alley said: Can you return a member's check with a letter stating the person does not have the best interests of the organization - without a trial? Although I agree completely with the previous answers, I will say that I have seen organizations do exactly what your organization appears to be contemplating. You can maybe get away with it as long as the member accepts what you do and doesn't want to pursue anything legally. We don't give legal advice on this forum, but I think I can point out that if a member believes that he has been wrongfully "expelled" and feels strongly enough about it, he might consult an attorney and from there anything can happen. I am personally aware of organizations having been sued for "wrongful expulsion" and have even been involved in such a case. Speaking personally, If I was a member of an organization wanting to get rid of a member, I would want it to afford the "unpopular" member due process of the type specified in chapter XX of RONR. Edited to add: I have found that when there is a "difficult" member in an organization who many members would like to have leave the organization, you can often convince the member to voluntarily resign by having one or two officers or other members whom he respects talk to him one on one and convince him that he should offer to resign. Sometimes telling him that he will face expulsion proceedings if he does not resign voluntarily is all that is necessary. Edited October 9, 2018 at 10:00 PM by Richard Brown Added last paragraph Quote Link to comment Share on other sites More sharing options...
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