Robert Dingus Posted September 16, 2019 at 04:02 PM Report Share Posted September 16, 2019 at 04:02 PM We are holding a special society meeting it must be voted on so its 30 days away, in which we have to create a disciplinary review panel, (as a result of Executive session Violations, still ongoing). (side note the primary individual that violated this rule, has also disclosed this information to the Ohio Attorney Generals complaint department about non profits. in the event our society does not choose to or wish to create such a panel, to review, and prefer charges or dismiss. What is our course of action, as the Trustees of this LLC Corporation. (501c3) Are we dead in the water nothing can happen to this or all individuals. Thank you for your input Robert Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 16, 2019 at 04:16 PM Report Share Posted September 16, 2019 at 04:16 PM If the Society chooses to do nothing then they have chose to do nothing and that seems to be the will of the members (to do nothing about the alleged violation of Executive Session). Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 17, 2019 at 12:10 AM Report Share Posted September 17, 2019 at 12:10 AM 8 hours ago, Robert Dingus said: We are holding a special society meeting it must be voted on so its 30 days away, in which we have to create a disciplinary review panel, (as a result of Executive session Violations, still ongoing). (side note the primary individual that violated this rule, has also disclosed this information to the Ohio Attorney Generals complaint department about non profits. in the event our society does not choose to or wish to create such a panel, to review, and prefer charges or dismiss. What is our course of action, as the Trustees of this LLC Corporation. (501c3) Are we dead in the water nothing can happen to this or all individuals. Thank you for your input Robert I'm not clear what the question is. You are free to hold the meeting and decide what to do next. I don't see why you would be dead in the water. Quote Link to comment Share on other sites More sharing options...
Robert Dingus Posted September 18, 2019 at 04:11 PM Author Report Share Posted September 18, 2019 at 04:11 PM I figured out what to do in this case, if the body or association members do not want to form a Disciplinary review panel. Our rules have not methodology to chastise or punish those members that abuse, or violate our society rules. (its crazy I know, its been this way for over 50 years) if the body meaning the members of the association outside of the board, will not form the needed committee, then at that point, we can adjourn the specially called meeting specifically for that purpose, and immediately convene a formal board meeting, (we will include a provision for this in the weeks before the meeting just in case). And we can form an AD-Hoc committee, from those members present, and move on with the business at hand. Our fear is, that if the body does not show up (quorum is not met), then we must be prepared to continue, other wise the problem people will get a pass, and just get more aggressive in their violations, etc. Robert Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 18, 2019 at 04:49 PM Report Share Posted September 18, 2019 at 04:49 PM 35 minutes ago, Robert Dingus said: I figured out what to do in this case, if the body or association members do not want to form a Disciplinary review panel. Our rules have not methodology to chastise or punish those members that abuse, or violate our society rules. (its crazy I know, its been this way for over 50 years) if the body meaning the members of the association outside of the board, will not form the needed committee, then at that point, we can adjourn the specially called meeting specifically for that purpose, and immediately convene a formal board meeting, (we will include a provision for this in the weeks before the meeting just in case). And we can form an AD-Hoc committee, from those members present, and move on with the business at hand. Our fear is, that if the body does not show up (quorum is not met), then we must be prepared to continue, other wise the problem people will get a pass, and just get more aggressive in their violations, etc. Based on the facts provided, the procedure you describe is improper. Unless the bylaws provide otherwise (and it appears they do not, since you say your rules have no methodology to punish members), disciplinary authority rests solely with the membership. Also, if your rules are in fact silent, I would note that there is no “disciplinary review panel” in RONR. The first step in disciplinary procedures is to create an investigative committee. Quote Link to comment Share on other sites More sharing options...
Robert Dingus Posted September 18, 2019 at 07:39 PM Author Report Share Posted September 18, 2019 at 07:39 PM ok, we can rename it investigative committee, thank you Robert Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 18, 2019 at 08:46 PM Report Share Posted September 18, 2019 at 08:46 PM And sit down -- right NOW -- and read Chapter XX in RONR -- it contains all the proper (aka "due process") steps you need to know to keep out of trouble yourselves. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 18, 2019 at 11:07 PM Report Share Posted September 18, 2019 at 11:07 PM 3 hours ago, Robert Dingus said: ok, we can rename it investigative committee, Okay, and also remember that it needs to be appointed by the membership, not the board. Quote Link to comment Share on other sites More sharing options...
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