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Hello:

We have a Corporation,made up of 9 members,2 executive board members are included in the 9. 6 of the members,including 1 executive board member colluded and violated our bylaws. The three remaining members,including 1 executive board member wrote the violations and sent them out certified mail to each of the 6 violating members. We added,they have 30 days to appeal. Now,the 6 members are saying,we as a minority,weren't allowed to write the violations without the entire body and then direct the executive board to issue. How do you confront a violating member to write his own violation is my argument.

Another scenario would be: Lets say, we had 9 members including two executive board members. Now, eight of the members including two of the executive board members violated the bylaws. Does this not give the right to the one remaining member to issue violations to all 8 members?

Before we got the violations out. The 6 violators had a phone conference and removed the chairman and they claim, the parliamentarian from our group. They claim the parliamentarian,because he was appointed by the chairman. They say,since the chairman was removed,his appointee goes with him,which I don't think is valid.

Thanks

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Violations are handled in RONR by raising a point of order during a meeting. If the violation is severe, you could consider discipline. See Chapter XX.

Removal must occur in a meeting and 6 people meeting without the other 3 does not constitute a meeting.

As a corp, your rules might differ.

-Bob

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Removal must occur in a meeting and 6 people meeting without the other 3 does not constitute a meeting.

I suspect Mr. Fish is suggesting that all members must be notified of a special ("called") meeting for it to be legitimate. Certainly the presence of six members of a nine-member organization could not only constitute a meeting, but probably even a quorum.

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Violations are handled in RONR by raising a point of order during a meeting. If the violation is severe, you could consider discipline. See Chapter XX.

1 member can consider discipline? Say, if 8 of the 9 violated bylaws?

Removal must occur in a meeting and 6 people meeting without the other 3 does not constitute a meeting.

The Chairman's removal was actually on the phone with 7members the chairman and the parliamentarian. The chairman and parliamentarian had no vote. The vote was 6 to 1 to remove the chairman. Is this legal? since the parliamentarian was appointed by the chairman is he/she automatically removed,also?

As a corp, your rules might differ.

-Bob

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Hello:

We have a Corporation,made up of 9 members,2 executive board members are included in the 9. 6 of the members,including 1 executive board member colluded and violated our bylaws.

Since there are an infinite number of ways to violate bylaws, the specific infraction will prove to be of some relevance.

The three remaining members,including 1 executive board member wrote the violations and sent them out certified mail to each of the 6 violating members.

This does not follow any procedure found in RONR. Did this stem from some specialized rules or your corporation?

We added,they have 30 days to appeal.

Appeal from what? Was a ruling made? The only appeal contained in RONR has its application inside a meeting.

Now,the 6 members are saying,we as a minority,weren't allowed to write the violations without the entire body and then direct the executive board to issue. How do you confront a violating member to write his own violation is my argument.

All this will need to take place in a meeting. What is the intention of the "writig of violations?" Are you trying to correct an ongoing violation of the bylaws, or are you trying to reprimand the members?

Another scenario would be: Lets say, we had 9 members including two executive board members. Now, eight of the members including two of the executive board members violated the bylaws. Does this not give the right to the one remaining member to issue violations to all 8 members?

RONR doesn't deal with issuing violations. For disciplinary procedures, see RONR(10th ed.), Chapter XX.

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Since there are an infinite number of ways to violate bylaws, the specific infraction will prove to be of some relevance.

The violation was out of our Article II. Which states the specific purpose of the group.

This does not follow any procedure found in RONR. Did this stem from some specialized rules or your corporation?

Yes.violations are in written form,from the board of directors out of our Article VIII. Since one board of Director was in violation only one wrote and sent the violations.

Appeal from what? Was a ruling made? The only appeal contained in RONR has its application inside a meeting.

In Section B of Article VIII. A member may appeal to the Chairmen of the board within 30 days. The 6 violators got rid of the chairman of the board

in the phone meeting referenced above.

All this will need to take place in a meeting. What is the intention of the "writig of violations?" Are you trying to correct an ongoing violation of the bylaws, or are you trying to reprimand the members?

Reprimand the members

RONR doesn't deal with issuing violations. For disciplinary procedures, see RONR(10th ed.), Chapter XX.

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