Guest FLGator8 Posted March 25, 2021 at 09:15 PM Report Share Posted March 25, 2021 at 09:15 PM If a member is subject to charges and a pending trial can they make that fact and the facts about their charges (including who made them) known to other members if there is nothing about secrecy in the bylaws? If the member makes there own charges and trial known to other members does that elevate any secrecy requirements on the board of directors or the committee conducting the investigation? Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 25, 2021 at 10:13 PM Report Share Posted March 25, 2021 at 10:13 PM I don't see where a member would be prohibited from telling details about charges. It would not change the obligation of others to keep the details confidential. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 25, 2021 at 11:16 PM Report Share Posted March 25, 2021 at 11:16 PM (edited) 2 hours ago, Guest FLGator8 said: If a member is subject to charges and a pending trial can they make that fact and the facts about their charges (including who made them) known to other members if there is nothing about secrecy in the bylaws? If these matters have been discussed in executive session (as they should have been), the member cannot discuss any details from those meetings with persons who are not members of the groups which met in executive session, unless the assembly lifts secrecy. Since this concerns disciplinary procedures, it should also be noted in this regard that secrecy can only be lifted to the extent of disclosing the information within the society, not outside the society (except to the extent that if the member is ultimately expelled or removed from office, that fact alone may be circulated to the extent necessary to protect the organization or other organizations). The relevant rules on this matter can be found in RONR (12th ed.) 9:26-27 (which discusses executive sessions generally) and 63:3 (which discusses some additional rules pertaining to the secrecy of disciplinary procedures). 2 hours ago, Guest FLGator8 said: If the member makes there own charges and trial known to other members does that elevate any secrecy requirements on the board of directors or the committee conducting the investigation? No. The rules would remain the same. The accused may be disciplined for the disclosure, however, and the board and committee might also react by choosing to disclose certain information of its own to members of the society. 1 hour ago, Gary Novosielski said: I don't see where a member would be prohibited from telling details about charges. I disagree. If the facts in question occurred during executive session (which one hopes is the case for disciplinary procedures), then it seems to me the information cannot be disclosed outside the assembly which met in executive session unless approved by the assembly. RONR does not grant the accused an exemption from the rules pertaining to executive session. I suppose the membership could also order that certain information be disclosed to the members if it wishes. Edited March 25, 2021 at 11:17 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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