As the Chairperson can I give notice prior to a special meeting to discipline, and possibly expel, a member for his actions, that I will present written and verified motions from members who feel intimidated and want to remain anonymous?

[Guest Phil]

Special Meeting - anonymous Motions.pdf

[Josh Martin]

On 1/18/2024 at 6:27 AM, Guest Phil said:

As the Chairperson can I give notice prior to a special meeting to discipline, and possibly expel, a member for his actions, that I will present written and verified...

I think there are three separate issues here.

• The discipline
• The special meeting
• The chair's involvement

In regard to discipline, you will need to refer to your bylaws concerning disciplinary procedures, to determine whether those procedures are being properly followed. If your bylaws are silent, you will instead want to refer to RONR (12th ed.) Section 63. Under those procedures, there's quite a bit more to it than that.

In regard to a special meeting, a special meeting may only consider items included in the call of the meeting. The exact amount of notice required for sending the call of the meeting should be specified in your bylaws.

In regard to the Chairperson taking these actions personally, generally, the chair's responsibility is to maintain the appearance of impartiality. So I think it would be preferable, at the very least, for some person other than the Chairperson to take the lead in this matter.

[Guest Guest Phil]

Hi Josh,

Thanks for your reply and the first two items you list are as per the bylaws and fully compliant. The discipline items as listed are as per the bylaws and the Special meeting has been called solely to deal with the the actions of the specified member which could have resulted in the loss of the land owned and funds held by the Club, plus the personal property of members within the Club's property boundaries, and what discipline actions the Club wishes to impose against this member for his actions. The statement attached to my query was sent out at the end of both the committee's report and notes on the findings with the notice to the members of the special meeting giving the required 21 days notice as per the bylaws.

The issue that I must deal effectively with is the intimidation that this member has employed against individual members over many years. I have roughly 1/3 of the members who state that they will not attend the general meetings as he is there. They are basically frightened that if they speak up to make a motion or regarding a motion to take action against him that they will be  identified and that they will then be victimised either directly or by actions to their personal property by this member.  I need a method to allow all the members to freely make motions or statements at the special meeting which is fair and equitable. As I have given notice of what amounts to a special rule to apply specifically for this special meeting I believe this would be compliant. As they will be verified by both myself and the secretary as from a genuine financial member I believe that will be compliant. As I will only read the motion and its associated statement directly as written without adding any statement or comment from myself on what the member has written I believe I will maintain my impartiality in chairing the meeting.

But I do need to be in a position to counter any motion that this member may make that it has not come from the floor of the meeting by an identified member (who will most likely be present at the meeting) and as such must be disallowed.

Any further advise would be appreciated.

 

[Josh Martin]

On 1/19/2024 at 8:36 AM, Guest Guest Phil said:

I need a method to allow all the members to freely make motions or statements at the special meeting which is fair and equitable. As I have given notice of what amounts to a special rule to apply specifically for this special meeting I believe this would be compliant. As they will be verified by both myself and the secretary as from a genuine financial member I believe that will be compliant.

Oh, I misunderstood. I thought you were asking about notice for the disciplinary action itself. I see now that you are asking about notice for the proposed rule of order governing proceedings for the meeting.

Actually, there is no requirement of notice for a rule of order governing proceedings at a single meeting, although certainly giving such notice may be helpful. In any event, a rule of order governing proceedings for a meeting requires a 2/3 vote for adoption. It would appear to me that the portions of this rule could be adopted as a special rule of order (assuming the bylaws or applicable law authorize proxy votes - a rule of order would not be sufficient for that). You lack the authority as President to unilaterally impose such a rule.

In any event, I continue to reiterate that under the rules in RONR, it is not appropriate for the President to make or second motions, including motions pertaining to rules. The rules themselves are also the assembly's province to determine, and the President must maintain impartiality with respect to the motion to adopt the rule of order.

But it seems you are dealing with some extremely unusual situation in which, as I understand the facts, everyone else is too afraid of this member to make motions on this matter. The proposed rule would resolve this, by providing that members may, essentially, make motions anonymously. But the rule won't take effect until it is adopted, so someone will have to publicly make the motion to adopt the rule.

So it may well be that under these extremely unusual circumstances, the President would best serve the society by assuming the motion to adopt the rule in question.

Edited January 19, 2024 at 02:59 PM by Josh Martin

[Atul Kapur]

After reading the attached file, I don't understand why you are taking the complicated route described. The committee has already taken the hard step of recommending suspension (they have done the hard work of "belling the cat"). Unless you have your own rules that say otherwise, all that is needed is a motion to adopt the committee's recommendation, and you, as Chair, can assume that motion if no one from the committee wishes to move it (no second required as long as it wasn't a committee of one).

[Guest Phil]

Hi Josh and Atul,

Thanks and I will have the process moved at the start of the meeting, witch will ensure acceptance by the group and avoid any censure of the process.

The club's membership is currently only 42 persons and I am trying to empower the membership. We had been under years of the faulting members leadership as alternately President and Secretary over a 14 year period where a lot of additional powers were written into the bylaws  which he then abused  creating the situation of the report, our implemented corrective actions and the call for the special meeting. I certainly believe with the numbers that the membership needs to know that the power exists with them and they have the ability to enforce actions and not be domineered by the voted in committee.

Thanks again, your advice has been very appreciated.