When the president files charges against the secretary –

[Brandy Escamilla]

When the president files charges against the secretary –

Concerns regarding proper procedure - here is what our bylaws states (no other rules in the club discuss this and so we go to RONR).  

Section 2.  Charges

An individual member may prefer charges against another individual member for alleged misconduct prejudicial to the best interests of the Club or the breed. Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $50, which shall be forfeited if such charges are not sustained by the Board following a hearing. The Secretary shall promptly send a copy of the charges to each member of the Board or present them at a Board meeting, and the Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the Club or breed. If the Board considers that the charges do not allege conduct which would be prejudicial to the best interests of the Club or the breed, it may refuse to entertain jurisdiction of the charges. If the Board entertains jurisdiction of the charge(s), it shall fix a date for a hearing by the Board not less than 3 weeks, nor more than 6 weeks thereafter. The Secretary shall promptly send 1 copy of the charges and  specifications to the accused member by registered mail together with a notice of the hearing and an assurance that the defendant may personally appear in his/her own defense and bring witnesses if he/she wishes.

Question –

Is the proper procedure would be initially to do exactly what is stated, and send the charges directly to the secretary, even though that person is the one being charged?

After which the secretary should promptly send copies to all Board members?

If that process is correct…

From there I believe both the president and secretary step away, the Vice President would step in to conduct any further steps?

Or, is there a different process per RONR and the charges are filed with the Vice President?

Thank you, we do not want to misstep.

[Josh Martin]

On 10/14/2022 at 1:53 PM, Brandy Escamilla said:

Is the proper procedure would be initially to do exactly what is stated, and send the charges directly to the secretary, even though that person is the one being charged?

That would appear to be the case. The rule in the bylaws provides "Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $50, which shall be forfeited if such charges are not sustained by the Board following a hearing." The rule does not appear to provide any exception in the event the person charged is the Secretary.

On 10/14/2022 at 1:53 PM, Brandy Escamilla said:

After which the secretary should promptly send copies to all Board members?

That would appear to be the case - or in the alternative, the charges may be presented at a board meeting. The rule in the bylaws provides "The Secretary shall promptly send a copy of the charges to each member of the Board or present them at a Board meeting"

On 10/14/2022 at 1:53 PM, Brandy Escamilla said:

From there I believe both the president and secretary step away, the Vice President would step in to conduct any further steps?

I would not suggest this is categorically correct, although it may be desirable to have these persons step away from certain tasks. Let's take the President and Secretary separately.

Secretary

• The only remaining duty of the Secretary in the section of the bylaws in question is that, if the board "entertains jurisdiction of the charges", then "The Secretary shall promptly send 1 copy of the charges and  specifications to the accused member by registered mail together with a notice of the hearing and an assurance that the defendant may personally appear in his/her own defense and bring witnesses if he/she wishes." The rule does not appear to provide any exception in the case the Secretary is the accused member.
• Presumably, it is also the Secretary's duty generally to send notices of meetings to members. It seems to me the Secretary should continue to carry out this duty.
• In regard to the Secretary's duties at the meetings themselves (taking minutes, etc.), there is nothing which would require the Secretary to step aside, although the Secretary certainly could choose to do so or the board could Suspend the Rules by a 2/3 vote to relinquish the Secretary of these duties for a particular meeting. In such a case, a Secretary Pro Tempore would be elected.

President

• The President does not appear to have any specific duties assigned by the section of the bylaws in question, so it just comes down to the President's duties in RONR.
• In regard to the President's duty to preside over meetings, the President should relinquish the chair if the President's appearance of impartiality would be compromised, which is arguably the case here. The President could do so voluntarily or the board could Suspend the Rules by a 2/3 vote to relinquish the President of these duties for a particular meeting. In such a case, the Vice President would preside.

On 10/14/2022 at 1:53 PM, Brandy Escamilla said:

Or, is there a different process per RONR and the charges are filed with the Vice President?

There is a very different process in RONR, but it doesn't matter because your bylaws have their own rules on this matter, which take precedence. RONR does not permit individual members to prefer charges, so it has no answer to where such charges are "filed." Only the society itself (or perhaps the board or a disciplinary committee, if so provided in the organization's bylaws), can prefer charges against a member.

[Brandy Escamilla]

Hello Josh,

I am sure that both officers would continue in any duties not directly related to the charges and any hearing...until such time that may change. 

My concern is all the steps that the secretary is normally involved with when the charges are filed.  The secretary sends subsequent letters/notifications, dterminations, etc., how many and on what would depend upon what decisions are made of course.  This is the largest concern as the secretary could choose to be non cooperative in such situation.       AND, I did fail to include #5 from this section of the bylaws which state:  

Section 5.  Disqualification

Any member of the Board of Directors directly involved in disciplinary charges as either complainant or defendant shall disqualify himself or herself from participating in the case in any role other than as a witness.

So that part would answer the situation of both the two parties stepping from any meetings and communication that involve the charges correct?

So from there it would appear all other tasks that must be completed that revolve around the charges and any hearings, must move to be the responsibility of other board officers/members, correct?

Sorry i did not include this earlier.

 

[Josh Martin]

On 10/14/2022 at 3:12 PM, Brandy Escamilla said:

My concern is all the steps that the secretary is normally involved with when the charges are filed.  The secretary sends subsequent letters/notifications, dterminations, etc., how many and on what would depend upon what decisions are made of course.  This is the largest concern as the secretary could choose to be non cooperative in such situation.       AND, I did fail to include #5 from this section of the bylaws which state:  

Section 5.  Disqualification

Any member of the Board of Directors directly involved in disciplinary charges as either complainant or defendant shall disqualify himself or herself from participating in the case in any role other than as a witness.

Yes, it would have been good to have this information.

I am not certain this necessarily changes the requirements for the Secretary to send required notices. I don't know that sending such notices constitutes "participating in the case." It seems to me the purpose of this rule was to prohibit the complainant or defendant from participating in the meetings themselves.

As to the concern that the Secretary might refuse to send required notices, I would suggest you cross that bridge when you come to it.

On 10/14/2022 at 3:12 PM, Brandy Escamilla said:

So from there it would appear all other tasks that must be completed that revolve around the charges and any hearings, must move to be the responsibility of other board officers/members, correct?

I am not certain sending notices constitutes "participating in the case." But I think it would certainly suggest the President should not preside and that the President and Secretary should not participate in the case as members of the board, especially voting.

[Gary Novosielski]

I wonder if there is a section 6 that we will soon hear about, that will change our answer again.

 

[Brandy Escamilla]

No there is not a section 6.

And I apologized earlier for leaving out the number five.