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Bylaws for non-profits


Guest curious volunteer

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Guest curious volunteer

In the organization I was apart of, they had bylaws as well as standard operating procedures. In these bylaws, it does state that "all department and company meets will be conducted using "Robert's Rules of Order."   If an officer were to turn in their gear, under the organization bylaws it states " Any member who decides to turn in their gear and equipment or abandon it at the station as to indicate that they are resigning for whatever reason will have their resignation accepted immediately and their gear will be put back into inventory or reissued to someone else. The member will be eligible to reapply in the future with the Fire Department as a new member. However any status, seniority, and time served will be lost." So my first question is can that officer take back his resignation?

My second question is can a member be dismissed for hearsay according to Robert's Rules of Order? Example:  A member is dismissed using "conduct unbecoming" for allegedly not following orders to leave a matter alone. Said matter could be the acceptance of the resignation and officer replacement as stated in the organization's bylaws. No proof was given. Does that dismissal require according to Robert's rule of order, a letter of dismissal, also does it require a vote?  Bylaws states " A member may be dismissed from the ACVFD for infractions of the ACVFD By-laws, ACVFD Policies, or other activities or actions deemed seriously inappropriate. Dismissal of a member is done by vote of membership present at the meeting in which the dismissal proceedings are held. If circumstances allow, the Company Line Officers will investigate the activity and issue a recommendation to membership regarding dismissal of a member."

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So my first question is can that officer take back his resignation?

Well, you said your Bylaws say, "Any member who decides to turn in their gear and equipment or abandon it at the station as to indicate that they are resigning for whatever reason will have their resignation accepted immediately and their gear will be put back into inventory or reissued to someone else."   That makes it seem that there is no way to withdraw the resignation unless the member doesn't fully go through with turning in their gear (I'd imagine there is more of a process than just saying "Here" and walking away) or collecting their gear from wherever they had left it before someone determines it has been "abandoned."

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My second question is can a member be dismissed for hearsay according to Robert's Rules of Order?

RONR doesn't limit the reasons why an organization may discipline/expel a member.  Any limitations would be located in your Bylaws 

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Does that dismissal require according to Robert's rule of order, a letter of dismissal, also does it require a vote? 

It is usually a good idea to formally notify a member if they have been expelled (makes things a little less confusing if he then shows up at a meeting ;)).  Your Bylaws seem to answer your question regarding whether it requires a vote.

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10 hours ago, Guest curious volunteer said:

So my first question is can that officer take back his resignation?

This is ultimately a question of bylaws interpretation for your society to determine, but I am inclined to think not, since your bylaws provide that a member that submits a resignation in this manner “will have their resignation accepted immediately.” A resignation which has been accepted cannot be withdrawn.

10 hours ago, Guest curious volunteer said:

My second question is can a member be dismissed for hearsay according to Robert's Rules of Order?

Yes, RONR explicitly states that hearsay evidence is admissible.

10 hours ago, Guest curious volunteer said:

Does that dismissal require according to Robert's rule of order, a letter of dismissal, also does it require a vote?  Bylaws states " A member may be dismissed from the ACVFD for infractions of the ACVFD By-laws, ACVFD Policies, or other activities or actions deemed seriously inappropriate. Dismissal of a member is done by vote of membership present at the meeting in which the dismissal proceedings are held. If circumstances allow, the Company Line Officers will investigate the activity and issue a recommendation to membership regarding dismissal of a member."

It does not matter what RONR requires, since your bylaws have their own procedures, which take precedence. Those procedures must be followed.

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