Suspension of Members / Special Meetings / Discipline

[Guest Chris]

Good Evening -

I am the President of an organization and recently two of our members were arrested in town (the organization is a nonstock volunteer fire department corporation). Multiple members forwarded me the article of the members being arrested, which did not mention their association with our organization. I took these members' actions of forwarding the articles as complaints about these members. The Chief (also a Board member) and myself decided to suspend the members, pending an investigation by a disciplinary committee as defined in our Bylaws when charges are preferred. We believe that the suspension of the members was valid, as our Code of Conduct states "members of the Department shall conduct themselves professionally and ethically and only undertake actions which are in the best interest of the Department. We must uphold the qualities that form the basis of our long-standing reputation as a leading organization within the community" and also states that the Board "address actual or suspected violations of the Code by any member of the Department and carry out a balanced and thorough investigation of the matter". While the Bylaws nor RONR provide authority to the President or Chief to suspend members, we feel the code inexplicitly provides this authority pending investigation.

We formed the committee and they are currently performing their investigation, however, other members of the Department have now stated that the myself inappropriately suspended two members and are attempting to call a special meeting to discuss the matter.

My questions Are as follows: (1) Does the suspension of the members pending investigation appear valid? and (2) Can the membership call a special meeting to discuss a decision made by the Executive Board and potentially make a motion / vote on overturning such decision?

Immediate responses will be greatly appreciated.

Thanks!

[Guest Chris]

Some further data:

The Board derives their power from the Bylaws, which state:

v. The duties of this Board shall be to oversee the payment of all regular bills and screen all normal correspondence before presentation to the body, to investigate any changes, resolutions and to present the same with facts, figures, benefits, etc., in a systematic and true version to the body for their approval or rejection. To act in a general advisory capacity in all matters for the good of the Department, without partiality to the best of their ability, to have the power to act in an emergency provided it (the emergency) cannot be held until a scheduled membership / business meeting or before a special meeting can be held.

[Josh Martin]

(1) Does the suspension of the members pending investigation appear valid?

No. Neither the President nor the Chief have the authority to suspend members unless the Bylaws grant them this authority.

(2) Can the membership call a special meeting...

Maybe. Special meetings can only be called if provided for in the Bylaws. So check your Bylaws.

to discuss a decision made by the Executive Board

Yes.

and potentially make a motion / vote on overturning such decision?

Maybe. See Official Interpretation 2006-13.

But I don't see how those questions are relevant, as from what I understood, the general membership does not want to address a decision of the board. It wants to address an action that you and the Chief took as individuals, in excess of your authority granted by the Bylaws. It does not need to be "overturned" as it was invalid to begin with. The general membership may wish to raise a Point of Order and possibly appeal from the chair's ruling in order to declare this action null and void, and may also wish to take disciplinary action against you and the Chief for exceeding your authority.

Good luck!

[hmtcastle]

. . . to have the power to act in an emergency provided it (the emergency) cannot be held until a scheduled membership / business meeting or before a special meeting can be held.

If that's a verbatim transcription I'd say you have some bylaws amending to do.

[Gary Novosielski]

Some further data:

The Board derives their power from the Bylaws, which state:

v. The duties of this Board shall be to oversee the payment of all regular bills and screen all normal correspondence before presentation to the body, to investigate any changes, resolutions and to present the same with facts, figures, benefits, etc., in a systematic and true version to the body for their approval or rejection. To act in a general advisory capacity in all matters for the good of the Department, without partiality to the best of their ability, to have the power to act in an emergency provided it (the emergency) cannot be held until a scheduled membership / business meeting or before a special meeting can be held.

There are several places where that does not even read as a valid English sentence. Are you sure you typed it correctly?

I also don't see where it says the President or Chief can suspend anyone. Even the board can't act in an emergency unless they can manage to hold it (the emergency) before the next meeting.