Parliamentary Procedure Q&A

Q: A motion was passed based on an ambiguous bylaw in a highly emotional meeting and interpreted to exact punishment. How can an organization member get this ruled "out of order" and the punishment made "null and void"? - M.J.A., Nov. 19, 1999

A: If the offense occurred during a meeting, the society has the right at that time to impose a penalty, such as censure, suspension of membership, or even expulsion from the society. The Chair "names" (prefers charges against) the offender. The society then decides on the penalty, if any. Expulsion requires a two-thirds vote; all other penalties require a majority vote. No trial is necessary, since everyone was witness to the offense.

If the offense is alleged to have occured outside of a meeting, the accused has the right to a trial, including the right to a reasonable time to prepare. Again, the society decides on any penalty. See RONR Chapter XX.

That the bylaw is ambiguous could be used as an argument, but the method of interpretation of an ambiguous bylaw is spelled out in RONR pp. 581-84, with the ultimate interpretation resting with the organization.

To have a motion ruled out of order, it must be shown that adopting the motion violated the rules of the organization. If the ruling was based on an ambiguous bylaw, it may be difficult to show this.


HOME QUESTIONS OTHER SITES
1