Suspension of member rights not included in bylaws. Is it permitted anyway?

[Guest Laura]

Hello.

If the bylaws of our organization do not include anything about the suspension of a member's rights (to attend and speak at meetings, to make motions, to vote), can the board suspend a member's rights anyways? 

[Joshua Katz]

If RONR is your parliamentary authority, and your bylaws are silent, then the rights of members may only be suspended via the disciplinary process in RONR. That process is carried out by the general membership, not the board.

However, let's clarify a bit. Is the person a board member, and are you talking about board meetings, or general meetings? If the member is not a board member, and you're talking about board meetings, you're in luck - he has no right to attend or participate anyway. Otherwise, though, the board cannot suspend his rights.

[Guest Laura]

9 minutes ago, Joshua Katz said:

If RONR is your parliamentary authority, and your bylaws are silent, then the rights of members may only be suspended via the disciplinary process in RONR. That process is carried out by the general membership, not the board.

However, let's clarify a bit. Is the person a board member, and are you talking about board meetings, or general meetings? If the member is not a board member, and you're talking about board meetings, you're in luck - he has no right to attend or participate anyway. Otherwise, though, the board cannot suspend his rights.

RONR is our parliamentary authority, and the bylaws do set out some circumstances by which board members may be suspended from or not eligible to serve on the board.

The person we are speaking of is not a board member but a member of the general membership and has been a bit of thorn in the side of the board, in terms of accusing them of not following bylaws, etc.

The board would like to suspend this person's rights (as part of a disciplinary process) to keep this person from being able to attend or speak or make motions or vote at meetings of the general membership.

[Joshua Katz]

3 minutes ago, Guest Laura said:

The board would like to suspend this person's rights (as part of a disciplinary process) to keep this person from being able to attend or speak or make motions or vote at meetings of the general membership.

That is what you cannot do. The rights of membership are fundamental, and may only be denied through the disciplinary process if your bylaws do not provide an alternative, which they seem not to do. That process cannot be carried out by the board, but only by the general membership. It's also somewhat complex, but read up on the appropriate chapters in RONR and see what your organization wants to do.

4 minutes ago, Guest Laura said:

The person we are speaking of is not a board member but a member of the general membership and has been a bit of thorn in the side of the board, in terms of accusing them of not following bylaws, etc.

Well, this seems like a perfect example of RONR's wisdom in not allowing the board to suspend rights. Accusing the board of not following the bylaws is not an offense, and think of the trouble a board could get into if it can strip people of their rights for making such an accusation. Being a thorn in the side of the board is not (in general) an offense either. It sounds to me, based solely on what you've said, like the membership has no grounds to discipline this member anyway.

[Josh Martin]

1 hour ago, Guest Laura said:

The board would like to suspend this person's rights (as part of a disciplinary process) to keep this person from being able to attend or speak or make motions or vote at meetings of the general membership.

The board has no authority to do this unless such authority is provided by your bylaws.

The membership itself may take such action if it wishes, but it’s a bit of a process. See Ch. XX of RONR for more information.

Edited February 6, 2019 at 11:51 PM by Josh Martin

[Guest Laura]

19 hours ago, Joshua Katz said:

That is what you cannot do. The rights of membership are fundamental, and may only be denied through the disciplinary process if your bylaws do not provide an alternative, which they seem not to do. That process cannot be carried out by the board, but only by the general membership. It's also somewhat complex, but read up on the appropriate chapters in RONR and see what your organization wants to do.

Well, this seems like a perfect example of RONR's wisdom in not allowing the board to suspend rights. Accusing the board of not following the bylaws is not an offense, and think of the trouble a board could get into if it can strip people of their rights for making such an accusation. Being a thorn in the side of the board is not (in general) an offense either. It sounds to me, based solely on what you've said, like the membership has no grounds to discipline this member anyway.

There is a discipline process referred to in the bylaws that allows for reprimands, conduct contracts, and expulsion, but there is no reference to suspension of those fundamental membership rights.

The offense in question is not the criticizing of the board but a different (minor) matter that the board has chosen to focus on (I suspect as a way of shutting down this member).

18 hours ago, Josh Martin said:

The board has no authority to do this unless such authority is provided by your bylaws.

The membership itself may take such action if it wishes, but it’s a bit of a process. See Ch. XX of RONR for more information.

If there is a discipline process referred to — but not outlined — in the bylaws (as it is a separate document), would that supersede the one in Ch. XX, or does that depend on other factors?

I can see that there is a problem when the board serves as accuser, investigator and judge. Not the healthiest set-up perhaps...

[Joshua Katz]

2 hours ago, Guest Laura said:

If there is a discipline process referred to — but not outlined — in the bylaws (as it is a separate document), would that supersede the one in Ch. XX, or does that depend on other factors?

If your bylaws specify a different discipline procedure, then you follow that, yes. "Specify" does include the case where the bylaws say something like "The discipline process in the standing rules is to be followed" or "the board may adopt procedures for use in disciplinary proceedings." However:

2 hours ago, Guest Laura said:

There is a discipline process referred to in the bylaws that allows for reprimands, conduct contracts, and expulsion, but there is no reference to suspension of those fundamental membership rights.

Then that disciplinary process can only be used for those outcomes it mentions. It cannot be used to suspend fundamental rights; for that, your bylaws are, apparently, silent, and you're back in RONR-land.

[Guest Laura]

1 hour ago, Joshua Katz said:

If your bylaws specify a different discipline procedure, then you follow that, yes. "Specify" does include the case where the bylaws say something like "The discipline process in the standing rules is to be followed" or "the board may adopt procedures for use in disciplinary proceedings." However:

Then that disciplinary process can only be used for those outcomes it mentions. It cannot be used to suspend fundamental rights; for that, your bylaws are, apparently, silent, and you're back in RONR-land.

Awesome. I love being back in RONR-land. It's so much less nebulous than bylaw-land.

[Steven Britton]

4 hours ago, Joshua Katz said:

Then that disciplinary process can only be used for those outcomes it mentions. It cannot be used to suspend fundamental rights; for that, your bylaws are, apparently, silent, and you're back in RONR-land.

Not necessarily. Much would depend on the actual wording of the custom disciplinary rules and procedures provided in the bylaws, and how it intercedes what is printed in RONR.  Without reviewing what is written in the bylaws, it is difficult to determine whether you're back in Chapter XX or not.

Edited February 8, 2019 at 01:09 AM by Steven Britton

[Joshua Katz]

3 minutes ago, Steven Britton said:

Not necessarily. Much would depend on the actual wording of the custom disciplinary rules and procedures provided in the bylaws, and how it intercedes what is printed in RONR.  Without reviewing what is written in the bylaws, it is difficult to determine whether you're back in Chapter XX or not.

Agreed. As noted, my answer is based only on the information provided. The language in the bylaws could well make the remedies there exclusive; your point is well-taken.

[Guest Laura]

One more question: Are there any specific page references in RONR that talk about these fundamental rights of membership not being able to be suspended by the board?

Page 3 refers to those rights not being able to be suspended "except through disciplinary proceedings" -- which in this particular case, the board would argue that they thus have the right to do what they wish (once they've gone through the discipline process and found the member guilty as charged).

I'm thinking it may be advisable for the organization to remove the reference to the discipline process in the bylaws if that process can be abused by the board in this manner.

 



 

 

[Joshua Katz]

48 minutes ago, Guest Laura said:

Page 3 refers to those rights not being able to be suspended "except through disciplinary proceedings" -- which in this particular case, the board would argue that they thus have the right to do what they wish (once they've gone through the discipline process and found the member guilty as charged).

The board can carry out those disciplinary proceedings the bylaws say it can. So far as we're told, the bylaws don't say the board can suspend these rights. So either it requires a different disciplinary process, or it can't be done at all.

 

49 minutes ago, Guest Laura said:

One more question: Are there any specific page references in RONR that talk about these fundamental rights of membership not being able to be suspended by the board?

Doubtful, but see the provisions specifying that the board has those powers given to it and no others. It would be difficult for RONR to specify all the things the board cannot do, since that is a very long list. 

[Guest Laura]

13 hours ago, Joshua Katz said:

The board can carry out those disciplinary proceedings the bylaws say it can. So far as we're told, the bylaws don't say the board can suspend these rights. So either it requires a different disciplinary process, or it can't be done at all.

Good to know.

13 hours ago, Joshua Katz said:

Doubtful, but see the provisions specifying that the board has those powers given to it and no others. It would be difficult for RONR to specify all the things the board cannot do, since that is a very long list. 

Yes, that would be a very long list.

Thank you.