Jump to content
The Official RONR Q & A Forums
Guest Hope Lewos

Board duties when the board is charged

Recommended Posts

Guest Hope Lewos

A club member has preferred charges against each individual member of our board of directors for an action the board took. Who should decide whether the charges have merit?

Share this post


Link to post
Share on other sites
Guest Zev

What was the nature of the board's action and, at what time and circumstances did the club member disagree with the action and, is the board the highest authority in this society or must it take orders from a still-higher authority such as the membership assembly?

Share this post


Link to post
Share on other sites
43 minutes ago, Guest Hope Lewos said:

A club member has preferred charges against each individual member of our board of directors for an action the board took. Who should decide whether the charges have merit?

This is not possible under the rules in RONR.

"An individual member may not prefer charges, even if that member has proof of an officer's or member's wrongdoing"  RONR (11th ed.), pp. 657 

 

Edited by George Mervosh

Share this post


Link to post
Share on other sites
2 hours ago, Guest Hope Lewos said:

A club member has preferred charges against each individual member of our board of directors for an action the board took. Who should decide whether the charges have merit?

If the rules in RONR are controlling, this is skipping a few steps. Under the formal disciplinary procedures in RONR, an individual member would need to make a motion for an investigative committee (leaving out specifics as much as possible). The club would determine whether there is merit in even appointing an investigative committee. Assuming the club finds that there is, the investigative committee, upon the conclusion of its investigation, would make a recommendation to the club on whether to prefer charges, and if so, regarding the scheduling of a trial. The club would ultimately determine whether to prefer charges and when to schedule the trial. At the trial itself, the club would then find whether the member is to be found guilty of the charges and, if so, what penalty (if any) should be applied. See RONR, 11th ed., pgs. 654-669 for more information.

Depending on the specifics, however, formal disciplinary procedures, including the step of preferring charges, may not be required. What is the exact wording of the term of office for board members in your bylaws?

Lastly, if your bylaws have their own rules for discipline, those rules must be followed, and those rules should specify who determines if the charges have merit.

Share this post


Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...