Committee on Discipline

[Guest Mike K]

Our Club's By-Laws contain an article on Discipline. In it, the Board or a committee that conducts a hearing of charges of misconduct from one member against another has the authority to suspend the defendant if found guilty. The board/committee can recommend expulsion which must be voted on by the members. My question is, can the members take it upon themselves to overturn the suspension if the Board/Committee decides to impose it?

[Chris Harrison]

Our Club's By-Laws contain an article on Discipline. In it, the Board or a committee that conducts a hearing of charges of misconduct from one member against another has the authority to suspend the defendant if found guilty. The board/committee can recommend expulsion which must be voted on by the members. My question is, can the members take it upon themselves to overturn the suspension if the Board/Committee decides to impose it?

That is a question of bylaw interpretation. The basic question would be if the Board or committee has the exclusive authority to discipline members (for example can the membership discipline members themselves without having to resort to the Board or committee?).

[hmtcastle]

The basic question would be if the Board or committee has the exclusive authority to discipline members (for example can the membership discipline members themselves without having to resort to the Board or committee?).

And, while bearing in mind the importance of exclusivity, see Official Interpretation 2006-13.

[Guest Mike K]

That is a question of bylaw interpretation. The basic question would be if the Board or committee has the exclusive authority to discipline members (for example can the membership discipline members themselves without having to resort to the Board or committee?).

Our by-laws do not give the membership authority to discipline themselves. Here is what they say:

ARTICLE VI - DISCIPLINE

SECTION 1. American Kennel Club Suspension. Any member who is suspended from the privileges of The American Kennel Club automatically shall be suspended from the privileges of the Club for a like period.

SECTION 2. Charges. Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club or the breed. Written charges with specifications must be filed in duplicate with the Corresponding Secretary together with a deposit of $20 which shall be forfeited if such charges are not sustained by the Board or a Committee following a hearing. The Corresponding Secretary shall promptly send a copy of the charges to each member of the Board, or present them at a Board meeting. The Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the Club or the breed or it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges, it shall fix a date of hearing by the Board or a Committee of not less than three members of the Board, not less than three weeks nor more than six weeks thereafter. The Corresponding Secretary shall promptly send one copy of the charges to the accused member by registered mail together with a notice of the hearing and an assurance that the defendant may personally appear in his own defense and bring witnesses if he wishes.

SECTION 3. Board Hearing. The Board or Committee shall have complete authority to decide whether counsel may attend the hearing, but both complainant and the defendant shall be treated uniformly in that regard. Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or Committee, may with a majority vote of those present, suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing, or until the next Annual Meeting if that will occur after six months. And, if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to appear before his fellow members at the ensuing Club meeting which considers the recommendation of the Board or Committee. Immediately after the Board or Committee has reached a decision, its findings shall be put in written form and filed with the Corresponding Secretary. The Corresponding Secretary, in turn, shall notify each of the parties of the decision and penalty, if any.

SECTION 4. Expulsion. Expulsion of a member from the Club may be accomplished only at the Annual Meeting of the Club following a hearing and upon the recommendation of the Board or Committee as provided in Section 3 of this Article. The defendant shall have the privilege of appearing in his own behalf though no evidence shall be taken at this meeting. The President shall read the charges and the findings and recommendations, and shall invite the defendant, if present, to speak in his own behalf. The meeting shall then vote by secret written ballot on the proposed expulsion. A 2/3 vote of those present and voting at the Annual Meeting shall be necessary for expulsion. If expulsion is not so voted, the suspension shall stand.

[hmtcastle]

Our by-laws do not give the membership authority to discipline themselves. Here is what they say:

Bylaws can only be properly interpreted in their entirety, something that's beyond the scope and purpose of this forum. Excerpts, even lengthy and apparently self-contained excerpts, are insufficient.

Further, the interpretation of bylaws is the responsibility of the membership. Any opinions given here would be inappropriate and parliamentarily irrelevant.

[Trina]

....

My question is, can the members take it upon themselves to overturn the suspension if the Board/Committee decides to impose it?

....

Further, the interpretation of bylaws is the responsibility of the membership. Any opinions given here would be inappropriate and parliamentarily irrelevant.

Adding to Mr. Mountcastle's comment, you may wish to look at RONR pp. 570-573, which provide some principles of bylaws interpretation.

As to how the bylaws interpretation process might actually work in practice... For example, at the next membership meeting, a member moves to rescind the supension imposed by the board. The chair (presumably) declares the motion out of order, as conflicting with the powers of the board as described in the bylaws. Someone appeals from the decision of the chair (see RONR pp. 247-252 for details), and another member seconds the appeal. The appeal is debated (this is where the bylaws interpretation argument can take place), and then the assembly votes (majority rule).

If the decision of the chair is not sustained, then the assembly can go back to the motion to rescind the suspension, and continue work on that motion...

The above scenario assumes, of course, that the bylaws do not specifically and exclusively put the right to interpret the bylaws into the hands of the board (some organizations do this).