Judiciary Committee - Confidential Findings

[fireresq282]

We had to convene what a judiciary committee due to an allegation that violates our bylaws. Normally the after the committee comes up with a disciplinary action , if it finds merit. It goes to a regular meeting for a vote to approve the "recommendation from the committee" after the allegiation is read out loud. This allegation is serious and potentially contains confidential and sensitive information from all involved. Does Roberts rules have a stipulation that covers allowing the judiciary committee to make the ultimate decision and not release information to the rest of the membership ?? Hope that makes sense, I realize every organization has its own rules, just trying to supercede this particular practice due to the nature.

 

Thanks

[Atul Kapur]

You tell us what "normally" happens but do not tell us why that is the way it happens. Is this the procedure mandated in your bylaws or special Rules of Order? RONR goes into extensive detail on procedure for disciplinary matters in chapter XX but what it says there will not supersede your own rules.

Generally for disciplinary measures, consideration of the rights of the accused party would require you to follow all of your mandated procedures.

[Gary Novosielski]

If your committee is set up, as most committees are, to provide recommendations which then have to be acted upon by the parent body, then that's the rule.  Committees do not have the power to make ultimate decisions unless expressly authorized in advance by the assembly.

However, the report of the committee does not need to include all the details of the allegations against the accused.  It only needs to contain the recommended action in the form of a motion to censure, expel, or other disciplinary action.  The members may be unwilling to vote Yes without supporting information, unless they have a great deal of trust in the committee, but they are free to ask questions of the committee, which can be handled with the necessary delicacy.  

[Josh Martin]

21 hours ago, fireresq282 said:

We had to convene what a judiciary committee due to an allegation that violates our bylaws. Normally the after the committee comes up with a disciplinary action , if it finds merit. It goes to a regular meeting for a vote to approve the "recommendation from the committee" after the allegiation is read out loud. This allegation is serious and potentially contains confidential and sensitive information from all involved. Does Roberts rules have a stipulation that covers allowing the judiciary committee to make the ultimate decision and not release information to the rest of the membership ?? Hope that makes sense, I realize every organization has its own rules, just trying to supercede this particular practice due to the nature.

Your rules supersede RONR. So answering this question involves interpreting your own rules, not any stipulation in RONR. (I assume you have your own rules, since the procedure you describe does not quite match the disciplinary procedures in RONR.)

I would first suggest that if the judiciary committee is required to report to the membership, the membership should enter executive session so that the confidential information at least remains within the membership. Secondly, I concur with Mr. Novosielski that even if the committee is required to make a recommendation to the membership, it is not necessarily required to report all of the details.

Edited April 2, 2020 at 03:52 PM by Josh Martin