member interfering with a investigation by a disciplinary committee

[Guest Russ]

if a member interferes with a investigation being conducted by a standing committee being the disciplinary committee, can he be charged and punished? or would it fall under "behavior unbecoming of a member"? 

[Josh Martin]

40 minutes ago, Guest Russ said:

if a member interferes with a investigation being conducted by a standing committee being the disciplinary committee, can he be charged and punished? or would it fall under "behavior unbecoming of a member"? 

RONR notes that a member can be disciplined for conduct “tending to injure the good name of the organization, disturb its well-being, or hamper it in its work.” (RONR, 11th ed., pg. 644) A society has broad discretion in determining whether particular conduct falls under this definition. RONR does not use the phrase “behavior unbecoming of a member.” If your organization has its own rules concerning discipline, those rules should also be consulted, and it will be up to the society to interpret them.

[Chris Harrison]

34 minutes ago, Josh Martin said:

RONR notes that a member can be disciplined for conduct “tending to injure the good name of the organization, disturb its well-being, or hamper it in its work.” (RONR, 11th ed., pg. 644) A society has broad discretion in determining whether particular conduct falls under this definition. RONR does not use the phrase “behavior unbecoming of a member.” If your organization has its own rules concerning discipline, those rules should also be consulted, and it will be up to the society to interpret them.

Would it be proper for the Committee to recommend the preference of charges against the member interfering with the investigation or would it be necessary for the assembly to refer the matter to a committee for investigation (even if it is the same Committee)?

[Josh Martin]

1 hour ago, Chris Harrison said:

Would it be proper for the Committee to recommend the preference of charges against the member interfering with the investigation or would it be necessary for the assembly to refer the matter to a committee for investigation (even if it is the same Committee)?

If an investigative committee is created by means of a resolution such as those on pg. 657, then it seems to me the committee is only authorized to recommend preferring charges regarding the members and matters specified in the resolution. So in these circumstances, I would think the committee would report these matters to the parent assembly, which could then refer the matter to a committee for investigation (which may be the same committee).

In organizations which have a standing committee on discipline (as it seems may be the case here), the organization’s rules may grant the committee broader authority in this regard.

Edited January 8, 2020 at 01:04 AM by Josh Martin