Trial of Members of Societies

[Guest DaVinci]

Our current Treasurer has discovered discrepancies in the monies that our former President had charge of. The IRS was the catalyst for this investigation into possible fraud and negligence… having done nothing to encourage the former Treasurer to file income tax returns for the association in the last 4 years and unable to produce adequate proof by documents that have been shredded.  Both the former President and the current Treasurer have engaged counsels. I have found, since I had to assume the Presidency, by way of my being Vice-President, and in being (forced) to become familiar with Robert’s Rules of Order, that there was a time when the association could have conducted it’s own investigation by committee and render it’s own judgment and punishment. My question would be whether it is now too late to consider such action through our association since outside legal representation has been engaged?

[Richard Brown]

No, it is not too late for your organization to investigate possible wrongdoing and to take disciplinary action against either past or present officers and members. See chapter XX of RONR, which is the chapter on discipline. It consists of 26 pages of quite detailed procedures.

[Guest DaVinci]

That's, providing that both parties pay their respective lawyers for services rendered up to this point, and would then abide by the decision of the committee and/or the assembly, right?

I have another question. Can a Secretary's choice of words "loud tone of disrespect and hostility"..."request to tone it down... caused anxiety that another member had to leave meeting"... remain uncontested in the minutes in order?

[Guest Zev]

1 hour ago, Guest DaVinci said:

That's, providing that both parties pay their respective lawyers for services rendered up to this point, and would then abide by the decision of the committee and/or the assembly, right?

Absolutely not. Whatever judgment the society arrives at has nothing to do with what legal ramifications this event may generate. These are completely independent events.

1 hour ago, Guest DaVinci said:

I have another question. Can a Secretary's choice of words "loud tone of disrespect and hostility"..."request to tone it down... caused anxiety that another member had to leave meeting"... remain uncontested in the minutes in order?

Disorderly words may be included in the minutes only if directed by the presiding officer or directed by vote of the assembly. The secretary may not perform such an act or "wax sagaciously about the weather in the meeting hall" at their own initiative.

[Josh Martin]

1 hour ago, Guest Zev said:

Disorderly words may be included in the minutes only if directed by the presiding officer or directed by vote of the assembly. The secretary may not perform such an act or "wax sagaciously about the weather in the meeting hall" at their own initiative.

I concur and would add that, even in the rare event that disorderly words are recorded as the result of the chair “naming” a member as a part of disciplinary procedures, the information the OP has mentioned would still not belong in the minutes. RONR notes that the words used are recorded, but says nothing about the member’s tone, let alone the perceived mental states or comings and goings of other members.

“In an ordinary society, the minutes should contain mainly a record of what was done at the meeting, not what was said by the members. The minutes should never reflect the secretary's opinion, favorable or otherwise, on anything said or done.” (RONR, 11th ed., pg. 468, emphasis in original)

“In cases of obstinate or grave breach of order by a member, the chair can, after repeated warnings, "name" the offender, which amounts to preferring charges and should be resorted to only in extreme circumstances. Before taking such action, when it begins to appear that it may become necessary, the chair should direct the secretary to take down objectionable or disorderly words used by the member. This direction by the chair, and the words taken down pursuant to it, are entered in the minutes only if the chair finds it necessary to name the offender.” (RONR, 11th ed., pg. 646)

Edited January 28, 2019 at 11:21 PM by Josh Martin