Suspension of a Voting Member

[brentgrz]

If a member is suspended for disciplinary action, are they in good standing and eligible to vote at a Membership meeting?

[J. J.]

On 9/16/2021 at 11:41 PM, brentgrz said:

If a member is suspended for disciplinary action, are they in good standing and eligible to vote at a Membership meeting?

Due to a penalty or being suspended in preparation for a trial?

[brentgrz]

In a youth sports org a voting non-Board member was suspended by the board for violating the code of conduct, for swearing and berating another parent in front of minors. The suspension will still be in effect when we have a General Membership meeting. The argument is being made that the member is suspended, therefore not in good standing, and should not be allowed to vote at the meeting. We expect to have a vote to remove a Board Member from office at the meeting.

The following is being used as a reference:

From page 606 of RONR:

"A member of a society who is in arrears in payment of his dues, but who has not been formally dropped from the membership rolls and is not under a disciplinary suspension, retains the full rights of a voting member and is entitled to vote except as the bylaws may otherwise provide. (See also pp. 6, 571–72.)

[Gary Novosielski]

It doesn't sound like you have the latest edition (12th) of RONR, but that language is essentially the same.

Additionally it refers to a footnote, §1:13n3, which says:

Quote

Members in good standing are those whose rights as members of the assembly are not under suspension as a consequence of disciplinary proceedings or by operation of some specific provision in the bylaws. A member may thus be in good standing even if in arrears in payment of dues (see 45:1, 56:19). If only some of an individual’s rights as a member of the assembly are under suspension (for example, the rights to make motions and speak in debate), other rights of assembly membership may still be exercised (for example, the rights to attend meetings and vote).

So it depends what rights were suspended by the disciplinary action.  If was a suspension from the board only, then a case could be made that he retains the rights of membership.

You'll need to check the precise language of that motion in the Board's minutes, and also check your bylaws to see what they have to say in this regard, if anything.  For example, does the board have the authority to suspend his rights as a general member. or is that something only the full membership can do?

Edited September 17, 2021 at 05:16 PM by Gary Novosielski

[Rob Elsman]

I do not think the readers of this forum have a good understanding of the nature of this "suspension".  RONR (12th ed.) speaks of the ejection of a member from a particular meeting, but it does not speak of a "suspension" that has a continuing force beyond the meeting at which a member is ejected.  What is the source of authority for the board to take this suspensive action?  What is the definition of such a "suspension"?