Reinstatement after suspension of member on board of directors

[Guest candicem2688@gmail.com]

An executive board member of a youth non profit was suspended for a term of one year following a discipline hearing. After suspension year has commenced, would that member need to be reinstated by majority vote or would they still have membership rights if following Robert's rules of order? The by-laws and the constitution have no guidance on discipline or process after being disciplined. 

[Rob Elsman]

If the governing documents do not provide for suspension for a year as a punishment resulting from a disciplinary operation, the suspension was null and void from the beginning, and the motion to inflict the punishment was not in order.

Since the passive voice is used, I cannot tell who inflicted the punishment, but someone really overstepped his bounds in a big way.

[Josh Martin]

On 1/12/2024 at 1:39 PM, Guest candicem2688@gmail.com said:

An executive board member of a youth non profit was suspended for a term of one year following a discipline hearing. After suspension year has commenced, would that member need to be reinstated by majority vote or would they still have membership rights if following Robert's rules of order? The by-laws and the constitution have no guidance on discipline or process after being disciplined. 

I concur with Mr. Elsman that there is some doubt as to whether this suspension was properly applied to begin with. RONR does not provide a mechanism to suspend a board member. A board member may be removed, assuming the proper process to do so is followed. It's also not clear exactly what process was followed for this "discipline hearing." Further, we are told that the bylaws "have no guidance on discipline." If this means the bylaws are entirely silent, see RONR (12th ed.) 62:16 for information on discipline of officers. It is also possible, however, that this means that the bylaws include some rules pertaining to discipline, but those rules are not very detailed.

"The usual possible penalties for an officer are censure or removal from office, although in special circumstances others may be appropriate (for example, to repay into the society's treasury funds that the officer has been found guilty of misappropriating, perhaps with an added fine). For all of these, including removal from office, a majority vote is required." RONR (12th ed.) 63:33

It may be, however, that the organization's bylaws provide a mechanism to suspend a board member for a period of time. Assuming that the bylaws do provide for such a mechanism and that process was properly followed, then as a general matter, it would seem to me that if the board member is suspended for one year, he would automatically be restored to his rights after that year ended.

The other caveat, however, is that board members generally serve for a defined term of office. If the board member's term of office has now expired, then he would not be reinstated to the board.

Edited January 12, 2024 at 09:21 PM by Josh Martin

[Gary Novosielski]

On 1/12/2024 at 2:39 PM, Guest candicem2688@gmail.com said:

An executive board member of a youth non profit was suspended for a term of one year following a discipline hearing. After suspension year has commenced, would that member need to be reinstated by majority vote or would they still have membership rights if following Robert's rules of order? The by-laws and the constitution have no guidance on discipline or process after being disciplined. 

Are you sure you didn't mean completed (finished) when you said commenced (started)?  That would seem to make more sense.

If so, assuming this suspension was properly done in the first place (which I have no way of knowing) then once the fixed term of the suspension is completed, restoration of rights would be automatic.

Edited January 12, 2024 at 09:31 PM by Gary Novosielski