Discipline Hearing

[Guest Marjorie]

Our nonprofit uses rules in RONR, Chapter 63, for disciplinary hearings. Can the accused record the trial proceedings in case the accused is found guilty and wishes to take legal action against the organization. Otherwise the accused has no record of the hearing.

[Richard Brown]

There is no rule on this in RONR. It would be up to your organization to determine whether to permit the proceedings to be recorded. 

Edited to add: however, RONR does provide that disciplinary proceedings should be conducted in executive session. This seems to imply, at least, that recording by a member, even by the accused, might not be permissible except with the consent of the assembly. It is ultimately up to the assembly to make this determination
 

Edited October 12, 2022 at 01:27 PM by Richard Brown
Added last paragraph

[Josh Martin]

On 10/12/2022 at 8:25 AM, Richard Brown said:

Edited to add: however, RONR does provide that disciplinary proceedings should be conducted in executive session. This seems to imply, at least, that recording by a member, even by the accused, might not be permissible except with the consent of the assembly. It is ultimately up to the assembly to make this determination

I would agree that recording a meeting held in executive session (especially one related to disciplinary proceedings) would require the explicit consent of the assembly.

In the case of a meeting related to disciplinary proceedings, I am inclined to think that making such a recording would also require the consent of the accused, although that is not an issue in the present situation, since the accused is the person who wishes to make the recording.

On 10/11/2022 at 8:58 PM, Guest Marjorie said:

Our nonprofit uses rules in RONR, Chapter 63, for disciplinary hearings. Can the accused record the trial proceedings in case the accused is found guilty and wishes to take legal action against the organization. Otherwise the accused has no record of the hearing.

I concur with Mr. Brown so far as parliamentary procedure is concerned. Given that the question relates to an individual potentially taking legal action against the organization, however, I would advise the organization to also consult an attorney regarding this matter, to see if there is anything in applicable law on this subject. If so, such rules would take precedence over RONR. 

[Shmuel Gerber]

On 10/12/2022 at 9:25 AM, Richard Brown said:

however, RONR does provide that disciplinary proceedings should be conducted in executive session. This seems to imply, at least, that recording by a member, even by the accused, might not be permissible except with the consent of the assembly.

Why? The rule of secrecy as stated in RONR 9:26 is "The general rule is that anything that occurs in executive session may not be divulged to nonmembers (except any entitled to attend)."

What is there in RONR that says that a member's permission to record a meeting depends on whether the meeting is held in executive session?

Having a recording obviously makes it easier for the content to be shared, but so long as it is not shared I don't see that any rule in RONR is violated merely by the making of the recording. 

[Atul Kapur]

On 10/13/2022 at 10:59 AM, Shmuel Gerber said:

I don't see that any rule in RONR is violated merely by the making of the recording

Let's ignore whether the meeting is in executive session or not. Are you saying that any member has the right to record a meeting as the default? I would have thought that this would require a request for any other privilege (33:22).

[Shmuel Gerber]

On 10/13/2022 at 2:35 PM, Atul Kapur said:

Let's ignore whether the meeting is in executive session or not. Are you saying that any member has the right to record a meeting as the default? I would have thought that this would require a request for any other privilege (33:22).

We shouldn't ignore the particular context that we have been discussing and that I was responding to; but let me ask you, what rule in RONR prohibits the recording of a meeting by a member? 

So long as the act of recording does not disturb the assembly, why would a member need permission to do it? 

You all may be able to persuade me about this, but I am asking for reasons to be articulated. 

Obviously I understand why recording might make some members uncomfortable and why it could lead to a violation of secrecy. That doesn't mean there is a rule against it.