Dfredc Posted June 15, 2019 at 07:31 AM Report Share Posted June 15, 2019 at 07:31 AM The secretary of the board just sent out an email to the entire assembly about the supposed actions that took place in executive session of the board. Apparently, he claims that he was being unduly targeted for not performing his duties as they should be, and was apparently asked to resign. This is a pretty serious breach of etiquette, correct? Wouldn't this alone be grounds for removal from office? Quote Link to comment Share on other sites More sharing options...
jstackpo Posted June 15, 2019 at 10:17 AM Report Share Posted June 15, 2019 at 10:17 AM Unless your association bylaws have established some criteria about "breaches" and other disciplinary matters, the decisions as to how serious the breach may be and what the penalty should be are entirely up to your association, collectively. See Chapter 20 in RONR. Quote Link to comment Share on other sites More sharing options...
Dfredc Posted June 15, 2019 at 08:17 PM Author Report Share Posted June 15, 2019 at 08:17 PM Thanks! Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted June 15, 2019 at 09:00 PM Report Share Posted June 15, 2019 at 09:00 PM It's more than a breach of etiquette, say, like introducing people in the wrong order. It's a breach of the good faith of the board and its members. I don't see how you could continue with a secretary who cannot be trusted. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted June 16, 2019 at 12:15 AM Report Share Posted June 16, 2019 at 12:15 AM Agreeing with Dr. Stackpole, it is up to to the members of the society itself to decide how to deal with the actions of the secretary. Whether those actions constitute grounds for disciplinary action is up to your membership to decide. Quote Link to comment Share on other sites More sharing options...
J. J. Posted June 16, 2019 at 02:42 AM Report Share Posted June 16, 2019 at 02:42 AM (edited) On 6/15/2019 at 3:31 AM, Dfredc said: The secretary of the board just sent out an email to the entire assembly about the supposed actions that took place in executive session of the board. Apparently, he claims that he was being unduly targeted for not performing his duties as they should be, and was apparently asked to resign. This is a pretty serious breach of etiquette, correct? Wouldn't this alone be grounds for removal from office? It is more than a "beach of etiquette." This definitely is a legitimate ground for disciplinary action, including removal. It is possibly the only specific ground listed in RONR (p. 96, ll. 6-9). The assembly, however, in the circumstances choose not to pursue the matter. To draw an analogy with a prosecutor, a prosecutor may exercise his discretion in many cases. He may be aware that an act might be violation of the criminal law, but for a variety of [good] reasons, not prosecute it. Likewise, the assembly may not choose to begin the process outlined in Chapter XX, or decide that after going through some of the preliminary steps, not to pursue a trial by the members. Even if there is a trial before the assembly, and a guilty verdict, the assembly decide not to inflict a penalty. RONR does not require that the assembly take any action. A distinction needs to be drawn between the violation and any remedy for it. Edited June 16, 2019 at 06:17 PM by J. J. Quote Link to comment Share on other sites More sharing options...
Guest Zev Posted June 16, 2019 at 03:36 AM Report Share Posted June 16, 2019 at 03:36 AM I did not see the violation of the executive session as being serious enough to warrant punishment. The board acted prudently in discussing the issues surrounding the secretary and her supposed shortcomings. The secretary decided to air her own dirty laundry. However, if she violated any other thing that should have remained secret, such as which board member said what, or some other motion at the same meeting, then I could see the board taking some action in that regard. If as a result of all this the secretary gets her act together and carries out her duties to the satisfaction of the board then I see no point in taking this any further. The board expressed their displeasure, the secretary had an attitude adjustment, so what else is there? Quote Link to comment Share on other sites More sharing options...
Dfredc Posted June 18, 2019 at 12:10 AM Author Report Share Posted June 18, 2019 at 12:10 AM Thank you, everyone. It appears the board itself isn't sure how they want to proceed. Our Bylaws provide two actions (discipline -basically a slap on the wrist that says, "bad boy") or to proceed with the removal of the Secretary. The discipline ironically requires a 2/3 vote of the assembly while removal of a board member is a majority vote (after a petition of 50% of the assembly or a 2/3 vote of the executive board). I sent out an email to the assembly explaining the breach and have had little response, so I'm not sure the assembly cares. Guess we'll just see what the board decides to do. Quote Link to comment Share on other sites More sharing options...
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