Special meeting

[tomfl12]

A special board of directors meeting was called to discuss whether a member was in violation of a particular bylaw. At that special board meeting it was decided by majority vote that the member was in violation. Ironically, the member realized afterwards that the meeting itself was held in violation of the associations “special meeting bylaw” provision by not providing enough notice and not notifying all members of the special meeting.

The member made the issue known at the next board meeting but the board approved the special meeting minutes and ended up circulating them amongst all the 76 members of the association. The minutes discussed what was said during the ‘special meeting’. The member doesn’t feel that he got a fair trial and feels that if brought to the general association everyone would be wrongly swayed by the minutes which were circulated.

Question: What rights does the member have and what is the best course of action? Should the minutes be stricken and requested to be retracted?

[Tim Wynn]

A special board of directors meeting was called to discuss whether a member was in violation of a particular bylaw.

You've piqued my interest. Usually motions or meetings (like yours) are in violation of bylaws. I'd like to know how this member is in violation.

At that special board meeting it was decided by majority vote that the member was in violation.

How did this go down? Why did it go down?

Ironically,

Why has the meaning of this word been lost? Even dictionaries are giving up on it.

the member realized afterwards that the meeting itself was held in violation of the associations “special meeting bylaw” provision by not providing enough notice and not notifying all members of the special meeting.

Then, you didn't have a special meeting, and no business could have been transacted.

The member made the issue known at the next board meeting but the board approved the special meeting minutes and ended up circulating them amongst all the 76 members of the association.

The minutes discussed what was said during the ‘special meeting’.

The minutes should contain what was DONE, not what was SAID... and nothing could have been DONE.

The member doesn’t feel that he got a fair trial

He didn't get a trial... fair or otherwise.

and feels that if brought to the general association everyone would be wrongly swayed by the minutes which were circulated.

Rumors swaying people, that sounds about right. This is not the way charges (if that's what these are) should be handled.

Question: What rights does the member have and what is the best course of action?

It would be important to know how this person is thought to be in violation of the bylaws. This may call for a simple ruling from the chair, or it may involve complex disciplinary proceedings.

Should the minutes be stricken and requested to be retracted?

If they truly are minutes of a meeting that never actually officially existed, then they're just garbage... scrap them (or recycle them). As far as the damage they may have done to the member, you can't really unscramble that egg.

[J. J.]

A special board of directors meeting was called to discuss whether a member was in violation of a particular bylaw. At that special board meeting it was decided by majority vote that the member was in violation. Ironically, the member realized afterwards that the meeting itself was held in violation of the associations “special meeting bylaw” provision by not providing enough notice and not notifying all members of the special meeting.

The member made the issue known at the next board meeting but the board approved the special meeting minutes and ended up circulating them amongst all the 76 members of the association. The minutes discussed what was said during the ‘special meeting’. The member doesn’t feel that he got a fair trial and feels that if brought to the general association everyone would be wrongly swayed by the minutes which were circulated.

Question: What rights does the member have and what is the best course of action? Should the minutes be stricken and requested to be retracted?

If there was not enough notice, the meeting is null and void, as is the action taken at it (p. 244 e., assuming there were absentees).

I would not recommend that the minutes be circulated nor that they contain debate. I would have recommended that the meeting be conducted in executive session I would suggest that you immediately contact an attorney familiar with disciplinary action.

Either the board, at the next meeting, or a meeting of members, should find that the action is null and void.

At the very least, the members might decide to discipline those board members that called the meeting in violation of the bylaws.

Bluntly, your group could be in very big trouble, well beyond the scope of parliamentary procedure.

[tomfl12]

Thank you both for your comments and feedback and is in line with what I figured. I welcome any other opinions from anyone else on the forum...

Another question I have, is that member allowed to vote on this issue if it brought up at a general assembly meeting. If I read RR correctly it appears as though the member shouldn't vote but cannot be compelled not to. So, if he insists on voting for himself to protect his interests, can he?

Thank you!

[Josh Martin]

Another question I have, is that member allowed to vote on this issue if it brought up at a general assembly meeting. If I read RR correctly it appears as though the member shouldn't vote but cannot be compelled not to. So, if he insists on voting for himself to protect his interests, can he?

Your reading of RONR is correct. The only reason the member could not vote on the motion would be if his rights were under disciplinary suspension, or due to some provision in your Bylaws. If neither of those applies here, the member can vote.