Voting

[Guest Donna]

My organization voted to donate $200 to a charity.  One person was unhappy (the President) and she said she would personally fund an additional $100 to bring donation to $300.  Subsequently she went to Treasurer and had her cut an additional check for $100 (her priviledge to have a check up to $100 not needing a vote by members) from organization funds therefore undermining the original vote by members. Is there any recourse for recovering those extra funds distributed?  Besides being unethical, what is Roberts Rules on this type of situation.

[Guest Zev]

If the president has bylaws-given authority to spend $100 without a vote by the assembly then it appears she is within her prerogatives to do so. However, I have some difficulty believing that the president has such authority for the simple reason that, without some kind of restraint, the president could conceivably have issued an unlimited number of $100 checks. As to any recovery, how do I reconcile a motion to demand a refund with the bylaws-given authority to do what she did? Can you elaborate a little bit?

[Gary Novosielski]

RONR does not have any rules that directly apply to your President's authority to have checks issued.  These rules would have to be found in your bylaws or standing rules.

However, even if the rules allow the President to distribute funds without prior approval, I doubt they would permit such an action in the face of an explicitly adopted motion by the membership to the contrary.  Interpreting and applying them, however, is up to your organization to do.

Check your bylaws regarding discipline of officers and members  If there's nothing there, RONR has an entire chapter (Ch. XX) regarding discipline.  Also, check FAQ #20 here.  Even if you don't want to remove the President, it's good to know the full lay of the land before proceeding.

Edited May 27, 2019 at 07:26 PM by Gary Novosielski
minor spelling correcion

[Richard Brown]

17 minutes ago, Guest Donna said:

My organization voted to donate $200 to a charity.  One person was unhappy (the President) and she said she would personally fund an additional $100 to bring donation to $300.  Subsequently she went to Treasurer and had her cut an additional check for $100 (her priviledge to have a check up to $100 not needing a vote by members) from organization funds therefore undermining the original vote by members. Is there any recourse for recovering those extra funds distributed?  Besides being unethical, what is Roberts Rules on this type of situation.

Robert's Rules does not address that specific issue. That is ultimately a matter of bylaws interpretation, which is something only your organization can do. Your organization must interpret its own bylaws and determine whether the president had the authority to do what she did.

Personally, and without having seen your bylaws and without being a member of your organization, I think the president exceeded her authority as this expenditure was something approved by the membership. The question is whether the bylaws anticipated her arbitrarily adding an extra hundred dollars to expenditures voted upon by the membership. I question whether that was the intent of the drafters of your bylaws, but it's something your organization must answer for itself.

If she exceeded her authority, the organization can order her to repay the amount and can also institute disciplinar proceedings, they could range from censure to removal from office or expulsion from membership.