Expulsion of members

[Guest Nina]

Hello,

I'm a newly elected board member to a local club. There is not much order and I'm trying to change that. I have worked for a year to make changes to just update our bylaws from the 1980s when they were last amended. I'm currently struggling with the rest of the elected members on how to properly expel a member. As I feel the Board and Elected members are over reaching. 

The Board sent 2 letters to a member for causing disturbances in the club. The 3rd letter they sent was to expel them. The member came to a Board meeting and provided his defense. The Board (not all members present) held to expel the member. The rest of the Board is saying that the Board meeting and Board vote is what is needed to expel the member and it does not need to go in front of the regular membership. 

I'm reading our by-laws and Roberts Rules and I believe that the Board should recommend to the membership that the member be expelled during a regular meeting. At that meeting the member in question would have a right to defense. Then the membership would vote on the matter and 2/3 required to do so. 

Can someone please provide some clarity? 

Thank you!!

Our bylaw states....

Any disciplinary action against a member shall be brought by the Board of Directors to a regular meeting to be acted upon by the body. The person brought up on charges has a right to defense. The member must be notified in advance as to prepare said defense. 

Expulsion requires a two-thirds vote. 

 

[Atul Kapur]

Their argument appears to be that "regular meeting" refers to a regular meeting of the board, rather than of the general membership (at least, that's the only argument that I can understand them making). 

This argument doesn't hold up, because the "board of directors" cannot bring any action  to a meeting of itself to be acted by itself. The board can decide (by a motion made at a board meeting) to bring proposed  disciplinary action to a regular meeting of the members to be acted upon by that body (the membership).

So I agree with you.

[Richard Brown]

I agree with Dr. Kapur. I believe the expulsion hearing will have to be held by the general membership, not by the board. Also, since your bylaws provide for disciplinary procedures and for the expulsion of members, the detailed disciplinary proceedings in RONR would not apply. The provisions in RONR are default provisions which apply only in the event you do not have your own rules on discipline. 

I do, however, urge you to bend over backwards to give the accused due process and an opportunity for a fair hearing. Failure to do that is more likely to lead to a lawsuit for wrongful expulsion. Cutting corners and rushing to judgment. is risky when it comes to expulsion from membership.
 

Edited July 12, 2024 at 08:03 PM by Richard Brown
Added last paragraph