Special set meeting

[Guest Sandra l]

This special meeting for a disciplinary hearing took place, w/o the member in question being notified to appear.  This person was aware that a meeting was going to take place, but he personally was not notified to appear and give statements in his own defense.  A vote was taken and passed to reprimand.  When I questioned, was this person notified to appear, I was assured they were, however his name does not appear in the names of  email recipients, nor did he receive personal notice of any kind.  Now what would be the recourse for this member and or the other board members who voted. 
also when the special meeting was being scheduled, the president didn’t say what the topic would be. 
I had to inquire, if I hadn’t asked I would been unprepared. 

[Richard Brown]

It appears from what you have posted that this meeting was invalid and that any action taken at the meeting is null and void, primarily for failure to state in the call (notice) of the meeting the purpose of the meeting and the business to be taken up.  It might also be void because of failure to notify the accused of the meeting, but we need more information on that issue.  Is the "member in question" a member of the body that was meeting?  If so, he was entitled to notice of the meeting.  RONR does not appear to specifically require that the accused in a disciplinary hearing be told he or she can put on a defense, but he does have that right and it is certainly best if he is formally notified of that right.  RONR does include such a notice in the sample notices in the chapter on discipline. (Note: see see second edit below). 

The  rules on discipline are in Chapter XX of RONR, containing 26 pages consisting of sections 61, 62, and 63.  They are very detailed.   It can be an invaluable asset in matters of discipline.  However, any rules on discipline in your own bylaws  will trump the rules in RONR.

Edited to add:  You asked what the recourse would be if the rules were not followed.  The recourse is for someone to raise a point of order at the next meeting that the meeting in question violated the rules and that any action taken at the meeting is null and void.  Be prepared to appeal from the ruling of the chair if he rules that the point of order is not well taken.

Edited again to add: RONR does require, in section 63:28 that the accused be notified, preferably by certified mail, of the meeting or hearing of the charge against him and that he may be present to put on a defense. There should be proof that the accused was notified, such as a certified mail return receipt.

Edited August 25, 2021 at 12:48 AM by Richard Brown
Added last two paragraphs

[Guest Sandra l]

On 8/24/2021 at 4:17 PM, Richard Brown said:

It appears from what you have posted that this meeting was invalid and that any action taken at the meeting is null and void, primarily for failure to state in the call (notice) of the meeting the purpose of the meeting and the business to be taken up.  It might also be void because of failure to notify the accused of the meeting, but we need more information on that issue.  Is the "member in question" a member of the body that was meeting?  If so, he was entitled to notice of the meeting.  RONR does not appear to specifically require that the accused in a disciplinary hearing be told he or she can put on a defense, but he does have that right and it is certainly best if he is formally notified of that right.  RONR does include such a notice in the sample notices in the chapter on discipline.

The  rules on discipline are in Chapter XX of RONR, containing 26 pages consisting of sections 61, 62, and 63.  They are very detailed.   It can be an invaluable asset in matters of discipline.  However, any rules on discipline in your own bylaws  will trump the rules in RONR.

Edited to add:  You asked what the recourse would be if the rules were not followed.  The recourse is for someone to raise a point of order at the next meeting that the meeting in question violated the rules and that any action taken at the meeting is null and void.  Be prepared to appeal from the ruling of the chair if he rules that the point of order is not well taken.

Yes the “member in question”  is a member of the body that was meeting. 

[Richard Brown]

On 8/24/2021 at 7:25 PM, Guest Sandra l said:

Yes the “member in question”  is a member of the body that was meeting. 

See the second edit that I made to my post above regarding notifying the accused of the meeting.