Fines and how to levy them

[AFS1970]

Building on another thread here, which has to do with my organization, we have a section in our bylaws that requires members to be current in all fines in order to serve in office. However we have no other mention of fines that I can find in the bylaws. They are not mentioned under discipline, where I would have expected to find them. There are a couple of places where it mentions charging members deposits for organizational property they are given, with those fines returned when they resign and return the property. However I see nothing where there is any mention of levying fines or authority granted to either the organization as a whole (membership) or any specific officers, boards or committees to levy fines. 

I suspect this is a remnant left over from a previous revision of the bylaws, but we don't have archival copies of very may previous versions. It is likely impossible to determine the will of the assembly when passing such a bylaw. I have only been a member for a few years but have never seen someone fined. I am of the opinion that we need to remove this requirement for office unless we decide to add some authority into the bylaws which I have mixed feelings about. 

From what I have read elsewhere without a bylaw saying we can fine members we can't do so. Since we do lust RONR as parliamentary authority is there any blanket authority to levy fines in there?

[Josh Martin]

42 minutes ago, AFS1970 said:

Since we do lust RONR as parliamentary authority is there any blanket authority to levy fines in there?

No. Quite the opposite - RONR specifically provides that fines cannot be imposed unless authorized by the bylaws.

"Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws." (RONR, 11th ed., pg. 572)

"Punishments that a society can impose generally fall under the headings of censure, fine (if authorized in the bylaws), suspension, or expulsion. The extreme penalty that an organization or society can impose on a member is expulsion." (RONR, 11th ed., pg. 643)

[Atul Kapur]

While I agree with Mr. Martin, there is one instance where a fine is mentioned without specifying the need for it to be mentioned in the bylaws. That is, the penalty that may be given to an officer: "The usual possible penalties for an officer are censure or removal from office, although in special circumstances others may be appropriate (for example, to repay into the society’s treasury funds that the officer has been found guilty of misappropriating, perhaps with an added fine)." (RONR 11th ed., p. 668, lines 4-8)

I doubt that fines can be ordered against an officer unless they are specifically authorized in the bylaws. But this mention is not explicit.

57 minutes ago, AFS1970 said:

Since we do lust RONR as parliamentary authority

I truly hope this is a typo.