Guest Airedale Marine Posted January 12, 2011 at 02:42 PM Report Share Posted January 12, 2011 at 02:42 PM Two officers of our organization have targeted a member for expulsion by arbitrarily denying points he earns through the year so that at the years end he does not have the points required to be considered a member in good standing. Would this be considered "Malfeasance in Office" and make these two officers subject to removal? This is not the first time these two officers have targeted a member they don't like.Also, our by-laws state "All members must earn 30 points per year and the Officers must approve all points earned." I interpret this to mean that if a member earns points the officers must approve them. The officers interpret this to mean that they can approve or deny points. What say you? Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 12, 2011 at 03:03 PM Report Share Posted January 12, 2011 at 03:03 PM Two officers of our organization have targeted a member for expulsion by arbitrarily denying points he earns through the year so that at the years end he does not have the points required to be considered a member in good standing. Would this be considered "Malfeasance in Office" and make these two officers subject to removal? This is not the first time these two officers have targeted a member they don't like.That is up to you all to decide.Also, our by-laws state "All members must earn 30 points per year and the Officers must approve all points earned." I interpret this to mean that if a member earns points the officers must approve them. The officers interpret this to mean that they can approve or deny points. What say you?That is up to you all to decide. See RONR pp. 570-573 for some principles to help interpret those bylaws. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 12, 2011 at 03:07 PM Report Share Posted January 12, 2011 at 03:07 PM Your bylaws deal with issues that RONR does not address (earning points to maintain good standing status, approval of such points by officers, etc). Thus it will be up to your organization to interpret what they mean and how they are to be applied. Similarly, what constitutes "malfeasance in office" will also need to be interpreted by your organization, as well as what disciplinary measures can be applied.Your interpretation of the second part of your bylaw is obviously being interpreted differently by the officers involved. This "ambiguity" would need to be resolved by your organization as well. Pages 570-573 of RONR (10th Ed.) offer some guidelines for this.That said, I tend to disagree with your interpretation. But that's just my humble opinion. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 13, 2011 at 04:19 AM Report Share Posted January 13, 2011 at 04:19 AM The power to approve something carries with it the implied power to withhold approval. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 13, 2011 at 06:18 AM Report Share Posted January 13, 2011 at 06:18 AM Would this be considered "Malfeasance in Office" and make these two officers subject to removal?It will ultimately be up to the society to determine if it warrants removal. For information on the process, see FAQ #20.Also, our by-laws state "All members must earn 30 points per year and the Officers must approve all points earned." I interpret this to mean that if a member earns points the officers must approve them. The officers interpret this to mean that they can approve or deny points. What say you?Your organization will have to resolve this ambiguity. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation. Once your organization has determined what was meant, it would be best to amend the Bylaws for clarity. Link to comment Share on other sites More sharing options...
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