Parliamentary Procedure Q&A

Q: We are having a problem with some members of our executive committee. Three officers and three members wrote a letter which an attorney labeled "libelous," addressed to the membership. They did not mail it to the membership, but did provide copies to outside agencies which gave them to the members who were mentioned in the letter. Our bylaws state a grievance and complaint procedure, but that procedure goes to a small committee and then to the very same executive committee that joined in on the complaint. It was decided to bring it straight to the membership at the next regular business meeting. It was presented to the membership with the request to place the six individuals on suspension until it could be investigated and reported back. By a two-thirds vote, the individuals were placed on suspension and it was turned over for investigation. Now the President is saying it was an illegal motion since they desire a trial. But no trial has been conducted yet!

What is the best way to handle this? Were we wrong to suspend in the meeting or does the membership have the authority to take this action if they so deem? - S.M., Nov. 14, 1999

A: Every organization has the right to set standards of membership, and to decide whom to admit and whom to expel (subject, of course, to state and federal laws and to its own rules). When a procedure is specified in the bylaws, it must be followed to the letter. The bylaws may not be suspended (except when the bylaws themselves say they may be suspended). (RONR p. 12.) Just as going directly to second base by running over the pitcher's mound in a baseball game isn't allowed, you can't skip part of the grievance and complaint procedure, even if you'd eventually end up at the same place.

Your President was correct that the action of suspending the members was out of order, not because the accused members want a trial, but because it was in violation of your bylaws. The suspension should be nullified.

If you wish to pursue the suspensions, you've got to "go back to home plate" and follow the bylaws.


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