I recently received a one year suspension and removal of my Officer position as Recording Secretary.

[Debra Shaffer]

I recently was removed from my Officer position of Recording Secretary and given a one year suspension from Our Fire Department Aux. due to a private comment made during a private conversation that accidently went to a public forum for no more than 12 seconds until realized and I immeadiately deleted it but not before it was screen shotted by another member and given to certain people who I recently found out did not know about this but their names were used to take responsibility for my suspension. The President and Vice President used their position and authority to issue this punishment stating that the President of the VFD and the three Fire Chiefs stated  to the Aux President and VP to do something about this. I found out that the President and the 2 of the 3 Fire Chiefs were unaware of any of this. Only the second Assistant Chief was aware because it was his wife that took the screen shot. Our by-laws and rules cover none of this so we then fall under our VFD by-laws and rules and then it is stated Rule #6 If unable to settle any dispute the Aux will refer and follow Roberts Rules. I am requesting a hearing to present my side and point out the false statements in the formal disiplinary action taken along with the removal of my Officer position. I would like your assistance with this matter. I need your advice and your wisdom, I am 5 generations of Volunteer Service to this VFD, a member in good standing. I need to defend my good name and reputation will you please help me? Thank You, Respectfully Yours, Debra

 

[Josh Martin]

On 7/10/2023 at 9:22 PM, Debra Shaffer said:

Our by-laws and rules cover none of this so we then fall under our VFD by-laws and rules and then it is stated Rule #6 If unable to settle any dispute the Aux will refer and follow Roberts Rules.

To clarify, you are saying your bylaws say nothing whatsoever concerning discipline, suspension from membership, and removal from office?

If this is correct, please provide the exact wording of the bylaws concerning the term of office for officers. If you are saying something else, please clarify, and provide the language in your bylaws regarding these matters.

On 7/10/2023 at 9:22 PM, Debra Shaffer said:

I am requesting a hearing to present my side and point out the false statements in the formal disiplinary action taken along with the removal of my Officer position... I need to defend my good name and reputation will you please help me?

Assuming the bylaws are, in fact, silent regarding these subjects, the procedures pertaining to these matters may vary for the removal from the officer position and the suspension from membership - or the procedures may be the same. It depends on the exact wording used to define the term of office.

If the bylaws do not have their own procedures for removal, then removal from office may, or may not, require formal disciplinary procedures, depending on the term of office. Suspension from membership, on the other hand, will certainly require formal disciplinary procedures, unless the bylaws have their own procedures on this matter. Certainly, however, the President and Vice President may not, on their own authority, impose any punishments unless the bylaws grant them such authority. Unless the bylaws provide otherwise, authority to remove an officer rests with the same body that elected the officer, and authority to suspend a member rests with the general membership.

In the event that removal from office does not require formal disciplinary procedures, then a person may be removed from office by means of a motion to do so. Such a motion requires for its adoption a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice. The officer targeted by the motion has no specific rights in this regard and there is no requirement for a "hearing," but the motion is debatable, and the officer has the same rights to speak in debate as other members.

For formal disciplinary procedures (which would be required for the suspension from membership, and possibly for removal from office), that is a very lengthy procedure that should be read in its entirety before proceeding. Those procedures are discussed in Section 63 of RONR. Such a procedure does ultimately culminate in a trial (or hearing) at which the accused has the right to present a defense, but the trial is the last step in the process, and there are other preliminary steps which must be completed first.

On the other hand, if the bylaws contain their own rules on these matters, then those rules will take precedence.

I take no position on whether the facts presented here warrant disciplinary action. That is a question for the organization itself to answer. RONR is concerned solely with the process for discipline, not with the merits of any particular set of charges and specifications.

[Debra Shaffer]

Section IV: Board of Directors, The Board of Directors of the Auxiliary shall be President, Vice President, Recording Secretary, Treasurer, and Finacial Secretary to be elected for one year. Article 2:  The Board of Directors shall be elected from only members in good standing and members who have shown commitment to the Auxiliary and its events.  Moving onto Section VI: Members, Article 1: All members shall work for the good of the Auxiliary and the Hose Company. They must abide by the Rules of Order affixed by both the Auxiliary and the Hose Co. as well as the Constitution and By-Laws of the Auxiliary. Any member not conducting herself properly at meetings shall be penelized, as found upon by the decision of the Board of Directors.   Rules of Order:  Rule 6:  Any question not covered by the foregoing rules, shall be governed by Roberts Rules of Order. There is no mention of disiplinary action and I have been a member in good standing for 10 years I am very active and attend all events and all preparation for events. I do not miss meetings. I am cooperative and kind and have no issues with any of my fellow members. The accidental outside post that mistakenly was public was only on for maybe 12 seconds, no mention of the Auxiliary, the Fire Co.,  no indication what so ever, 

 

[Rob Elsman]

Since the private-to-public chat seems to have happened outside of the context of a meeting, the Section VI, Article 1 authority of the board does not seem to apply. Nothing in what has been provided gives authority to the Auxiliary's president and vice president to inflict a punishment.

Just based on the facts provided, it seems to belong to the Auxiliary's superior assembly to try, convict, and punish any officer's actions that cause the Auxiliary significant risk of real harm, using the disciplinary procedures set out in RONR (12th ed.).

Edited July 11, 2023 at 06:49 PM by Rob Elsman

[Josh Martin]

On 7/11/2023 at 9:11 AM, Debra Shaffer said:

Section IV: Board of Directors

The Board of Directors of the Auxiliary shall be President, Vice President, Recording Secretary, Treasurer, and Finacial Secretary to be elected for one year.

Article 2

The Board of Directors shall be elected from only members in good standing and members who have shown commitment to the Auxiliary and its events.

Section VI: Members, Article 1

All members shall work for the good of the Auxiliary and the Hose Company. They must abide by the Rules of Order affixed by both the Auxiliary and the Hose Co. as well as the Constitution and By-Laws of the Auxiliary. Any member not conducting herself properly at meetings shall be penelized, as found upon by the decision of the Board of Directors.

Rules of Order:  Rule 6:  Any question not covered by the foregoing rules, shall be governed by Roberts Rules of Order.

There is no mention of disiplinary action and I have been a member in good standing for 10 years I am very active and attend all events and all preparation for events. I do not miss meetings. I am cooperative and kind and have no issues with any of my fellow members. The accidental outside post that mistakenly was public was only on for maybe 12 seconds, no mention of the Auxiliary, the Fire Co.,  no indication what so ever, 

I would slightly disagree with the statement that "There is no mention of disciplinary action." The bylaws do include the statement that "Any member not conducting herself properly at meetings shall be penalized, as found upon by the decision of the Board of Directors." That seems to be a mention of disciplinary action. Because the conduct at issue occurred outside of a meeting, however, I concur with with Mr. Elsman that this provision is not applicable here.

Assuming that what is posted here is all the bylaws say with respect to disciplinary action, it would seem formal disciplinary procedures in Section 63 of RONR (12th ed.) are required both for the suspension and for the removal from office (since the bylaws provide for a fixed term for office, RONR provides that the officers can be removed only for cause, and only through formal disciplinary proceedings). It also appears that authority for both of these would rest with the membership.

As a result, the declaration of the President and Vice President that you are "removed" from office or that you are "suspended" from membership for one year is invalid, and you remain in office and as a member in good standing. To the extent that the auxiliary wishes to pursue disciplinary action against you, they would need to follow the steps in Section 63 of RONR. Those rules should be reviewed in their entirety before proceeding, but a general summary of those procedures is as follows:

• At a meeting of the membership, a member would need to introduce a motion to form an investigating committee to investigate the allegations against you. At this time, the motion should avoid details as much as possible. If this motion is adopted, proceed to the next step. If not, that's the end of it.
• The investigating committee would investigate the matter and eventually make its report to the membership on whether to prefer charges. If so, the recommendation would include the proposed charges and specifications and the date for a trial. If this motion is adopted, proceed to the next step. If not, that's the end of it.
• The trial would be held, which would include an opportunity for both the "managers" representing the society and the defense representing the accused, to present witnesses and make their arguments, at the conclusion of which the assembly would finally vote on the determination of guilt on the charges and specifications and, if the accused is found guilty, vote on the penalty.

I once again express no view on the merits of whether the facts presented warrant disciplinary action, which is a question I leave to the organization's judgment.

Edited July 11, 2023 at 03:59 PM by Josh Martin