Guest Todd Posted March 14, 2023 at 04:19 AM Report Share Posted March 14, 2023 at 04:19 AM Hi I Have a question regarding club bylaws and the stated procedure on discipline. Our Bylaws state the any member has the right to prefer charges against another member for conduct prejudicial to the best interest of organization. The bylaws also state the procedure to file a formal complaint must be in writing and sent to the club secretary. The written formal complaint must include a check in the amount of $40. When the written formal complaint is received by the club secretary with a $40 check, the secretary will forward the formal complaint to all board members for review. Actual Bylaws . Charges. Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club . Written charges with specifications must be filed in duplicate with the Secretary, together with a deposit of twenty-five dollars ($25.00), which shall be forfeited, if such charges are not sustained by the Board or Board Committee following a hearing. The Secretary shall promptly send a copy of the charges to each Board member or present them at a Board meeting. The Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interest of the Club. My Question- The bylaws state that charges are to be Filed in duplicate with the club secretary. The bylaws are silent on how to file the charges. Can a board require written charges to only be sent via Certified mail? Can a Board motion a standing rule to this affect? Or must the Bylaws be revised and approved by the membership to require "charges to be sent by certified mail only" Please send me your thoughts. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 14, 2023 at 05:29 PM Report Share Posted March 14, 2023 at 05:29 PM On 3/13/2023 at 11:19 PM, Guest Todd said: Our Bylaws state the any member has the right to prefer charges against another member for conduct prejudicial to the best interest of organization. The bylaws also state the procedure to file a formal complaint must be in writing and sent to the club secretary. The written formal complaint must include a check in the amount of $40. When the written formal complaint is received by the club secretary with a $40 check, the secretary will forward the formal complaint to all board members for review. Because your bylaws have their own rules on these matters which vary significantly from RONR, there will ultimately be no direct answer to this question in RONR, and it will ultimately be up to your organization to interpret its own rules. RONR does not permit individual members to prefer charges. Only the society itself has this power, and even then, only after an investigation by an investigating committee. On 3/13/2023 at 11:19 PM, Guest Todd said: Can a board require written charges to only be sent via Certified mail? Can a Board motion a standing rule to this affect? Or must the Bylaws be revised and approved by the membership to require "charges to be sent by certified mail only" I don't know that I have a definitive answer to this question. It will be necessary to carefully review the rules pertaining to discipline as well as the rules pertaining to the authority of the board. I would also suggest there is potentially a middle ground here. It may be that the board lacks the authority to adopt a standing rule on this matter, but that the membership could adopt such a standing rule. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 16, 2023 at 01:26 AM Report Share Posted March 16, 2023 at 01:26 AM Apparently the bylaws do not state that a check of forty dollars must be filed. Rather, they specify a check of twenty-five dollars. Where did the odd notion that forty dollars is required come from? Quote Link to comment Share on other sites More sharing options...
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