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Disciplinary action of a member


Guest Lee Hunt

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Our bylaws allow for the dismissal of a member where concerns about that member have been heard and considered by the Board, the person has rec'd a 10 day prior notice of a meeting in which he or she can speak to the concerns and then, no further process is outlined. Our bylaws state that where they are silent on matters, we are to refer to Roberts Rules. Is there a specific procedure for how the meeting is to be run? Is the chair of the board required to read the concerns to the member, or can the member be offered the opportunity to read the material him or herself. Is there a limit to the number of persons (witnesses) who can speak on the persons behalf? If there is no one who can speak directly about the "charges" can as many as 30 people be allowed to speak to the persons character? Can a board limit the time a charged member has to consider the charges? Can a board limit the time the witnesses can speak? Can the board limit the amount of time character witnesses can speak? Can the board restrict the witnesses to the content of the charges only, or may they speak about whatever they choose with regard to the member? If the member refuses to read the charges, or stay in the room while they are read, how is the board to proceed? If the meeting is adjourned because of disruptive behavior and the inability to proceed, what is the next step?

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Our bylaws allow for the dismissal of a member where concerns about that member have been heard and considered by the Board, the person has rec'd a 10 day prior notice of a meeting in which he or she can speak to the concerns and then, no further process is outlined. Our bylaws state that where they are silent on matters, we are to refer to Roberts Rules. Is there a specific procedure for how the meeting is to be run? Is the chair of the board required to read the concerns to the member, or can the member be offered the opportunity to read the material him or herself. Is there a limit to the number of persons (witnesses) who can speak on the persons behalf? If there is no one who can speak directly about the "charges" can as many as 30 people be allowed to speak to the persons character? Can a board limit the time a charged member has to consider the charges? Can a board limit the time the witnesses can speak? Can the board limit the amount of time character witnesses can speak? Can the board restrict the witnesses to the content of the charges only, or may they speak about whatever they choose with regard to the member? If the member refuses to read the charges, or stay in the room while they are read, how is the board to proceed? If the meeting is adjourned because of disruptive behavior and the inability to proceed, what is the next step?

It is ultimately up to you all to work out the details on how to conduct the trial. However, you might want to look to RONR pp. 629-641 for how to conduct a trial as a starting point (these procedures are for when no procedures are spelled out in the bylaws-which there are some in your bylaws). Also, check out RONR pp. 626-629 for how to deal with disruptive members and nonmembers (of the Board).

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