Club attorney meeting

[Dana kosack]

I am on the board of directors as the (SOA). Our President and Vice President are having a meeting with the club Attorney regarding 2 members that they want removed from the club.  They are denying me access to the meeting. Can they do this?

[Bruce Lages]

If this was supposed to be a meeting between the board of directors and the attorney, and was properly noticed as such, then no, you can not be denied access. But it's not at all clear that this was to be such a meeting. Nothing in RONR would prevent the president and vice president from speaking with the attorney. It may very well be, however, that the president and/or vice president may not take any action on behalf of the organization based on that meeting. Your rules and bylaws should define who has the authority to remove members from the club - under RONR it would be the general membership and not any one officer.

If this SOA (not sure what stands for), is governed to some extent by local or state laws. the provisions in those laws would take precedence over anything in RONR.

[Dana kosack]

Thank you for answering Bruce. There was no notice to any of the board members or any member of the club. I found out through the grapevine. The meeting is about whether or not we the board(excluding myself)will allow two of our members to be represented by their attorney.  I believe we can’t even make that decision but this is not the first incident with our President where he is really pushing his powers. SOA=SERGEANT-OF-ARMS. 

Edited April 16, 2021 at 12:33 PM by Dana kosack

[Richard Brown]

11 hours ago, Dana kosack said:

am on the board of directors as the (SOA).

 

10 hours ago, Bruce Lages said:

If this SOA (not sure what stands for)

 

2 hours ago, Dana kosack said:

SOA=SERGEANT-OF-ARMS

FYI, the position is known as “Sergeant-at-arms”.  RONR 40:47 (12th Ed.)

[RSW]

3 hours ago, Dana kosack said:

The meeting is about whether or not we the board(excluding myself)will allow two of our members to be represented by their attorney.

They may be simply asking the attorney for a legal opinion regarding the matter. As Mr. Lages mentioned, nothing in RONR would prohibit them from having such a meeting. And nothing would prohibit you from meeting with an attorney of your own, or even the club attorney, for a similar opinion. 

Assuming your bylaws don't say anything contrary, RONR provides info about trials in 63:30 (bolding mine):

Quote

The trial is a formal hearing on the validity of the charges. At the trial, the evidence against the accused officer or member is presented by the managers for the society, and the officer or member has the right to be represented by counsel and to speak and produce witnesses in his own defense. If the charges are found to be true, a penalty may be imposed or recommended; but if the charges are not substantiated, the officer or member is exonerated and any authority, rights, duties, and privileges of office or membership that had been suspended are automatically restored. The managers, as previously stated, must be members of the society. Defense counsel can be attorney(s) or not, but must be member(s) of the society unless the trial body (that is, the assembly or the trial committee as the case may be) by vote agrees to permit attorney(s) who are not member(s) to act in this capacity. Nonmembers who consent to testify can be brought in as witnesses at the trial, but such a witness is allowed in the room only while testifying.

 

Edited April 16, 2021 at 01:59 PM by RSW
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[Guest Puzzling]

3 hours ago, Dana kosack said:

Thank you for answering Bruce. There was no notice to any of the board members or any member of the club. I found out through the grapevine. The meeting is about whether or not we the board(excluding myself)will allow two of our members to be represented by their attorney.  I believe we can’t even make that decision but this is not the first incident with our President where he is really pushing his powers. SOA=SERGEANT-OF-ARMS. 

Only at a disciplinary meeting can members (as accused) be represented by attorneys, at other meetings members can not even appoint proxies. (That is if the bylaws don't  state otherwise)