Procedure for censuring the President

[Guest Gretchen]

Our bylaws committee (a standing committee consisting of seven assembly members) will be submitting a resolution to censure our president for numerous violations of our bylaws and failure to follow most rules in our adopted parliamentary authority (i.e., RONR). The goal here is to reform him so that he realizes that he must follow both our bylaws and those rules in RONR (we have no special rules of order).  We need to make sure we understand the procedure for censuring the president. Our current understanding is, (1) the resolution should be presented directly following the bylaws committee report, (2) It does not require a second (we area committee of seven), and (3) the president cannot preside over his own censure (he must assign the vice-president the task of presiding). Can you enlighten us on anything important that is missing from above? One question that we could not find in RONR is does the President (or any assembly member) have a vote on a censure of himself?

[Chris Harrison]

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We need to make sure we understand the procedure for censuring the president. Our current understanding is, (1) the resolution should be presented directly following the bylaws committee report,

Usually a motion to censure would be considered under New Business unless it is coming from earlier items of business.

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(2) It does not require a second (we are a committee of seven),

Correct.

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(3) the president cannot preside over his own censure (he must assign the vice-president the task of presiding).

I don't know if I would go so far as to say he cannot preside over it but he absolutely should turn over the chair to the VP.  If he refuses to do so you all can suspend the rules to turn over the chair to someone else even against the President's wishes.  That requires a 2/3 vote.

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One question that we could not find in RONR is does the President (or any assembly member) have a vote on a censure of himself?

Yes (RONR p. 407-408).

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Can you enlighten us on anything important that is missing from above?

Just so you all are aware, unless your bylaws say otherwise an adopted motion to censure carries no disciplinary effect beyond the assembly saying "we aren't happy with something you did (or didn't do)."  In other words, it would be merely a slap on the wrist for someone who has allegedly committed "numerous violations of our bylaws and failure to follow most rules in our adopted parliamentary authority (i.e., RONR)."

[J. J.]

You could also phase the motion "that we have no confidence in the chair because of __________."  This would not cause his removal.

Edited March 20, 2019 at 04:16 PM by J. J.

[Benjamin Geiger]

The other option to consider would be formal disciplinary action, as laid out in chapter XX of RONR (pp. 643ff). It would let you remove the president from office or impose other forms of punishment beyond a mere "bad boy".

It's not the most straightforward process in RONR, but it's necessary to protect the rights of both the accused and the organization.

[Dan Honemann]

Is it clear that offering such a motion falls within the assigned function of this committee? If so, then I think the motion should be moved in behalf of the committee as a part of its report. If not, the committee should not be making it at all.

[Josh Martin]

2 hours ago, Guest Gretchen said:

(1) the resolution should be presented directly following the bylaws committee report, 

It is not clear to me that a motion to censure the President falls within the charge of the bylaws committee. While it will be necessary to review your organization’s own bylaws to say for sure, such a committee is generally charged with tasks such as reviewing the bylaws, making recommendations for amendments, providing advice regarding interpretation of the bylaws, and (if applicable) reviewing the bylaws of subordinate units.

In the event that the motion falls within the charge of the bylaws committee, it would indeed make the motion immediately following its report. If it does not fall within the charge of the bylaws committee, it is not appropriate for the committee to make such a motion or include such a recommendation in its report. A particular member of the committee, acting as an individual member of the society and not on behalf of the committee, could make such a motion during New Business.

2 hours ago, Guest Gretchen said:

(2) It does not require a second (we area committee of seven),

In the event that the motion falls within the charge of the committee and is therefore made on behalf of the committee, it would not require a second. If it does not fall within the charge of the committee and therefore must be made by an individual member on his own behalf, it would require a second.

2 hours ago, Guest Gretchen said:

(3) the president cannot preside over his own censure (he must assign the vice-president the task of presiding).

RONR provides that the President should relinquish the chair to the Vice President if such a motion is made. If he refuses to do so, the rules could be suspended to remove him from the chair.

2 hours ago, Guest Gretchen said:

One question that we could not find in RONR is does the President (or any assembly member) have a vote on a censure of himself?

Yes. A member should not vote on such a motion, but ultimately has the right to do so.

2 hours ago, Chris Harrison said:

Usually a motion to censure would be considered under New Business unless it is coming from earlier items of business.

If a motion is made on behalf of a committee, the motion would follow the committee’s report. I concur with Mr. Honemann, however, that it is questionable whether a motion to censure falls within the charge of the bylaws committee.

Edited March 20, 2019 at 04:50 PM by Josh Martin

[J. J.]

I would note that is is a prime example of censure of a member that does not rise to the level of disciplinary action.