Guest Mike Ayers Posted November 21, 2021 at 12:58 AM Report Share Posted November 21, 2021 at 12:58 AM Can you discipline a former board member and treasurer for financial misconduct to ensure ineligibility from serving again in the future Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted November 21, 2021 at 03:10 AM Report Share Posted November 21, 2021 at 03:10 AM On 11/20/2021 at 7:58 PM, Guest Mike Ayers said: Can you discipline a former board member and treasurer for financial misconduct to ensure ineligibility from serving again in the future That's an interesting question. If the person is still a member of the organization, I would say yes. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted November 21, 2021 at 03:22 AM Report Share Posted November 21, 2021 at 03:22 AM On 11/20/2021 at 7:58 PM, Guest Mike Ayers said: Can you discipline a former board member and treasurer for financial misconduct to ensure ineligibility from serving again in the future On 11/20/2021 at 10:10 PM, Shmuel Gerber said: That's an interesting question. If the person is still a member of the organization, I would say yes. Are you saying Yes to both parts of the question? I agree that they can discipline the individual. But wouldn't their rules need to specify that ineligibility from serving again is a possible penalty? Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted November 21, 2021 at 03:28 AM Report Share Posted November 21, 2021 at 03:28 AM On 11/20/2021 at 10:22 PM, Atul Kapur said: But wouldn't their rules need to specify that ineligibility from serving again is a possible penalty? Even if the rules don't specifically allow for such a punishment, I think it could be considered a form of suspension. Quote Link to comment Share on other sites More sharing options...
J. J. Posted November 21, 2021 at 03:28 PM Report Share Posted November 21, 2021 at 03:28 PM On 11/20/2021 at 10:28 PM, Shmuel Gerber said: Even if the rules don't specifically allow for such a punishment, I think it could be considered a form of suspension. The question would be if you can suspend someone beyond his term of office. I would say no. Could the assembly suspend, through disciplinary action, a right of membership, i.e. a right that a member can be elected to office? Probably. However, that may not be a right of membership. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 21, 2021 at 04:17 PM Report Share Posted November 21, 2021 at 04:17 PM On 11/21/2021 at 10:28 AM, J. J. said: The question would be if you can suspend someone beyond his term of office. I would say no. According to the facts presented, his term of office has already ended. So your answer to the question asked is no? Quote Link to comment Share on other sites More sharing options...
J. J. Posted November 21, 2021 at 05:28 PM Report Share Posted November 21, 2021 at 05:28 PM On 11/21/2021 at 11:17 AM, Dan Honemann said: According to the facts presented, his term of office has already ended. So your answer to the question asked is no? I doubt if you could suspend someone from an office that he has left (without bylaw authorization). An assembly could suspend an ongoing right of membership. I see a subtle difference between the two. Quote Link to comment Share on other sites More sharing options...
J. J. Posted November 21, 2021 at 05:46 PM Report Share Posted November 21, 2021 at 05:46 PM If you are looking at the common parliamentary law, you might want to look at the case of Adam Clayton Powell's removal and subsequent reinstatement in the US House. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 21, 2021 at 05:54 PM Report Share Posted November 21, 2021 at 05:54 PM On 11/21/2021 at 12:28 PM, J. J. said: I doubt if you could suspend someone from an office that he has left (without bylaw authorization). An assembly could suspend an ongoing right of membership. I see a subtle difference between the two. Okay, so your answer to the question asked is "I doubt it." 🙂 Quote Link to comment Share on other sites More sharing options...
J. J. Posted November 21, 2021 at 06:12 PM Report Share Posted November 21, 2021 at 06:12 PM (edited) On 11/21/2021 at 12:54 PM, Dan Honemann said: Okay, so your answer to the question asked is "I doubt it." 🙂 Not quite. My answer is, "It depends on the bylaws." : -) The bylaws could say, "Only those people that are members may hold office." In such a case, it would be a privilege of membership to hold office. As such, that may be suspended as per 63:26. The ability for that particular member to hold an office could be suspended inclusive of a time when he holds no office. The bylaws may not require an officer to be a member. In that case, 63:26 would not apply. There is no privilege to be inhibited. Finally, the bylaws may provide that the assembly may disqualify someone removed from office from holding that (or any) office in the future. That would apply in both cases. I would also add that while there are several methods for removing someone from office, the only method that could suspend a membership right would be as a preliminary to a trial and as a result of one. Edited November 21, 2021 at 06:13 PM by J. J. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 21, 2021 at 07:04 PM Report Share Posted November 21, 2021 at 07:04 PM Well, my answer to the question asked is a firm "I think so." 🙂 This suspension would have to be incident to disciplinary proceedings against the member while he is a member. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted November 21, 2021 at 07:30 PM Report Share Posted November 21, 2021 at 07:30 PM If the bylaws require officers to be members of the society, and the offenders are expelled from the society as a punishment inflicted as the result of a disciplinary action, then the offenders are effectively precluded from standing again for election. It is my own opinion that former officers of a society can be held to account for malfeasance during their service by way of a disciplinary action which is taken to protect the society from further harm to its reputation and good standing in the larger community. Quote Link to comment Share on other sites More sharing options...
J. J. Posted November 21, 2021 at 08:03 PM Report Share Posted November 21, 2021 at 08:03 PM (edited) On 11/21/2021 at 2:04 PM, Dan Honemann said: Well, my answer to the question asked is a firm "I think so." 🙂 This suspension would have to be incident to disciplinary proceedings against the member while he is a member. I think we might be on the same page or at least close to it. However, it is more of a function of bylaws. I question if you can suspend a right or privilege of membership that does not exist. Edited November 21, 2021 at 08:05 PM by J. J. Quote Link to comment Share on other sites More sharing options...
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