Henry Robert on Trial

California State Association of Parliamentarians65th Annual Convention

Foster City

Discipline in RONR 11

“A thorough revision of Chapter XX, Disciplinary Procedures, including more detailed treatment of removal of officers and trials as well as expanded provisions on remedies for abuse of authority by the chair in a meeting and on handling disruptions by members.” [Preface, p. xxvi]

Presented byScott M. Burns, PRP5960 So. Land Park Dr. #408Sacramento CA 95822916.803.2495scott@smburns.comwww.smburns.com

Why you are sitting through this presentation

When RONR has been adopted “ the rules within it…are binding upon the body and constitute that body’s rules of order” [RONR 11th ed. p. xxix]

RONR 10th ed., pp. 624-44• Section 61

– Offenses Occurring in a Meeting

– Offenses Elsewhere Than a Meeting: Trials

– Remedies Against Misconduct or Dereliction of Duty in Office

RONR 11th ed.,pp 643-669• Section 61: Discipline of

Members and Guests• Section 62: Removal from

Office and Other Remedies for Dereliction of Duty in Office or Misconduct

• Section 63: Investigation and Trial

Dilatory Motions

Dilatory Motions

“A motion is dilatory if it seeks to obstruct or thwart the will of he assembly as clearly indicated by the existing parliamentary situation.”

Dilatory Motions

“It is the duty of the presiding officer to prevent members from misusing the legitimate forms of motions, or abusing the privilege of renewing certain motions, merely to obstruct business.”

[RONR, 11th ed., p. 342-43]

Disruptive Nonmembers

Disruptive Nonmembers

• Exclude individuals from meeting• Move into Executive Session

Disruptive Members

Disruptive Members

• Advise:• Admonish• Name• Discipline

Disruptive Members

• Advise: Rap the Gavel• Admonish: Call to Order• Name: Put in Minutes• Discipline:

Naming the Offender - Penalties

• Enter in Minutes• Require an Apology• Remove from meeting• Suspension • Expulsion

Discipline in Boards

Discipline in Committees

Abuse of Authority by the Chair

What if Chair Ignores the Point of Order/Appeal

• Repeat • Put the P/O or appeal to the vote yourself

What if Chair Ignores the Decision of Body?

• Suspend the rules and appoint a new chair• Declare the chair vacant

Choosing a Successor

• Ranking VP• Individual Named in Motion to

Suspend the Rules• Elect a temporary chair

Removal of Officers and Directors

“For a term of … years or until their successors are elected”

“For a term of … years and until their successors are elected”

Investigation and Trial

Investigation & Trial

• Conduct of Member Outside a Meeting• Conduct of Member During Meeting, but

discipline occurs at a later time• Removal from Office

Due Process

Due Process Rights

• Charges brought on reasonable grounds• Notice of Charges• Right to Appear and Defend• Fair and Reasonable Procedures

Investigative Process

• Appoint Investigating Committee• Committee Investigates• Committee Prefers Charges (or Exonerates)• Assembly Adopts Charges/Specifications• Notify Member of Charges• Trial

Committee Investigates

• Confidential• Reasonable Attempt to Interview Accused• Committee Reports

Committee Reports

• Exonerates• Reports Informal Resolution • Prefers Charges

Charges

• Offenses specified in bylaws or policies• Misconduct or Neglect of Duty• Specifications

Notice

• Secretary mails letter with copy of resolution and direction to appear

• Must confirm delivery

Trial Process:1• Secretary reads the charges• Chair verifies notice properly sent• Chair identifies managers• Chair asks if accused has counsel• Secretary reads the charges and specifications• Chair asks for plea

Trial Process: 2

• Opening statements• Managers examine their witnesses• Defense witnesses• Rebuttals…..• Closing arguments

Trial Process: 3• Chair Acts as Judge• Members may appeal rulings• Members may submit written questions to chair• Motions limited to Priv. and conduct of meeting

or trial, submitted in writing

Deliberations

• Accused leaves (counsel remains if a member)• Debate of specifications and charges• May be amended (within scope of notice)• Vote guilty/not guilty• Lesser charges permitted• Motion for penalty• Advise accused

Disciplinary Committees

• Conduct hearing or trial• Report recs to assembly• Accused/counsel may make statement• Committee may rebut• Accused leaves the meeting• Assembly may decrease but not increase

discipline

Henry Robert and the LAW

Cal. Corp. Code 5341, 7341

No member may be expelled or suspended and no membership or membership rights may be terminated or suspended except by procedures conducted in good faith and in a fair and reasonable manner.

“fair and reasonable”• Disciplinary procedures must be in the articles

or bylaws or sent to members annually• 15 day notice of action to be taken• Opportunity to defend 5 days < effective date• Procedures Need not be Formal

Questions