Presented to the Toronto Parliamentary Society, by Richard Slee on December 3, 2002

 

General Principles

 

• An organization has the right to protect itself from actions of its members, which are inconsistent with its purpose, bylaws, or rules of order.
• Members of an organization have the right to be protected from discipline, which abrogates their basic rights of justice, due notice and fairness.
• Discipline should be progressive, going from its lowest form of drawing undesirable behaviour to a member’s attention to the ultimate punishment that can be exerted by an organization, expulsion.
• Discipline should always follow due process to ensure the rights of the individual members is no abrogated and the organization is protected
• If an organization has bylaws specifying a process of discipline it must be followed exactly to be legitimate. Where the bylaws are silent an organization can draft and pass bylaws, write rules or rely on it parliamentary authority (as follows).

 

Robert’s Rules of Order, Newly Revised, 10^th Edition

 

• The most extensive rules or procedures for discipline are contained in Robert’s, Chapter 20.
• Even if an organization has not adopted Robert’s as its parliamentary authority Robert’s should be consulted. (in this case there can be no conflict with organization’s bylaws or adopted authority).
•  Discipline procedures are rarely or sparingly used.
• Type of penalties that can be imposed: reprimand, fine (if specified in Bylaws), suspension and expulsion
• Procedure can be divided into two categories, offences within a meeting, and outside of a meeting

In a Meeting

• Only members have the right to attend meetings and then only as specified under the Bylaws (e.g. types of meeting or qualification e.g. dues are current). Non-members can be included or excluded as the society decides. A non-member attending a meeting can usually be expelled from the meeting by a decision of the Chair. However, a member can appeal such a decision.
• Members and the presiding officer should always maintain order and decorum.
• The Chair should always deal with a lack of order or decorum in a calm deliberate fashion.
• Slight breaches of order and decorum should be dealt with by the Chair by bringing to the attention of the member the breach e.g. addressing a member directly rather than through the Chair.
• Calling a Member to Order
• For a more serious offence such as interrupting a speaker or disregarding the Chair’s request or questions a members motives.
• Chair declares the member out of order and requests them to be seated or a member can also call a member to order, which must be immediately ruled on by the Chair.
• If the member has the floor then the Chair must state what the breach of order was and put the matter to the assembly “Shall the member be allowed to continue speaking?” (Not debateable)
• Naming the Offender
• If a member continues to disregard the chair after being reminded several times or the matter is grave, the Chair may formally name the offender.
• This “naming” is recorded in the minutes.
• Leading up to this “charge” the Chair should ask the Secretary to start recording the offences.
• The matter can be dropped, if the assembly chooses, if the member comes to order and/or apologizes for their behaviour
• If not, the assembly can impose a penalty or the Chair can ask the assembly if they want to impose a penalty.
• The motion can: request the member apologize or withdraw his remarks, censure, to leave the meeting, suspension or expulsion.
• The motion requires a seconder and a majority vote to carry except for expulsion, which require a two/thirds vote.
• The member can be excluded from the meeting room if the assembly so chooses but should be allowed to make a brief defence.
• If a member refuses to leave, the organization has the right to use reasonable force (and no more) to remove them (or have them removed by the Police, you might be asked by the Police to press charges)

 

Outside of a Meeting

 

• Some organizations list offences in their Bylaws
• If an offence occurs other than at a meeting, members have no direct knowledge, therefore charges should be defined and a trial held before the society or a committee selected for that purpose.
• A member’s privacy must be protected (trial is in executive session), and hearsay evidence can be admitted.
• A member should be encouraged to resign if the evidence is clear that they are guilty of the offence.
• An Investigation Committee (5 members is suggested) is appointed and conducts a confidential investigation.
• The Committee reports (if charges are to be made, the report should be in writing and signed by each member) and offers a motion exonerating the member or pressing charges. The motion should also specify the date (usually 30 days latter to allow the accused to prepare), location of the trial and who will manage the trial (not the same as prosecutor – they are not trying to get a conviction but to find the truth).
• If the trial is to be by Trial Committee then this committee has to be formed and should be different from the Investigation Committee.
• The Secretary then sends a Formal Notification to the accused by registered mail, giving the place and time of the trial and setting out the charges.
• At the Trial the chairs goes through the following steps:
• Requests Secretary to read the charges
• Requests the accused to plead. If he pleads guilty the penalty specified (usually termination) is then dealt with by the committee or assembly.
• Opening statements by both the mangers and the accused
• Testimony of witnesses for the managers
• Testimony of witnesses for the accused
• Rebuttal witnesses for the managers
• Rebuttal witnesses for the accused
• Closing arguments for both sides
• Accused removed from meeting
• Voting takes place by the committee members or assembly on each charge (debatable and amendable).
• If found guilty voting then takes place on the penalty (debatable and amendable). Requires a majority vote except for expulsion, which takes a 2/3 vote.
• If the trial has been conducted by a committee then the committee’s recommendations must be brought before the assembly for approval.
• If guilty, the accused is allowed to make a statement to the assembly, as is the committee.
• The assembly can change the finding of guilty, but can only lessen the penalty. If the accused is not guilty the assembly cannot impose a penalty.
• Some societies of professionals have permanent Discipline Committees established in their bylaws.
• Robert’s also gives guidance on the discipline or removal of an officer from office.
• If a presiding officer does not hear an appeal, a member can conduct a vote on the appeal from the floor
• If a presiding officer fails to perform his duties, under the rules of order and bylaws a body can use a motion of censure.
• If the presiding officer is not a member a motion can be made to declare the chair vacant and elect a new presiding officer
• If the Chair is a officer can be disposed from office:
• If the bylaws state that the officer shall serve “for __ years or until their successor is elected” the election of the officer in question can be rescinded and a new election held.
• If the bylaws state that the officer shall serve “for __ years and until their successor is elected” (not the recommended wording) a trial (as described above) must be held to remove the officer from office.

 

Demeter’s Manual of Parliamentary Law and Procedures, by George Demeter, Revised edition 1969

 

Chapter 19, pages 259 to 269.

 

• Demeter describes four types of discipline (the third implying a trial)
• Motion of no confidence or confidence
• Motion of censure
• Impeachment
• Trial of members and officers
• The motion for a vote of non-confidence or confidence is an incidental main motion, and must seconded, is debatable and amendable.
• In a government if a motion of non-confidence is carried or a vote of confidence is lost, the government is usually forced to resign. In a normal organization it is merely a disapproval of the program, acts, or policies of some officer or the board. It does not compel and officer or board to resign
• The motion of censure is an incidental main motion, and must be seconded, is debatable and amendable.
• This motion is usually directed at an officer, chair of committee or board and is a reprimand.
• It does not require previous notice.
• Serious grounds for censure of a member or presiding officer can include, persistent violation of the rules, assaults on the floor, slanderous or insulting remarks, disorderly conduct, disobedience to instruction, fraud or cheating, bribery, conspiracy, larceny, destruction on property, disloyalty, absenteeism (some of these I feel would be grounds for expulsion)
• Censure requires only a majority vote (even if it involves the President)
• If an officer persists – then you can prefer charges or amend the bylaws (with notice and a 2/3 votes) to remove the officer.
• The motion to impeach is an incidental main motion, requires a second, is debatable and amendable and requires a majority to refer to trial. The motion to impeach always goes to trial in an ordinary society.
• The preferment of charges and the holding of a trial is much the same as with Robert’s with these differences
• Instead of mangers and the accused, Demeter speaks of counsels or attorneys (no more than two (Roberts also says you can use lawyers)
• Demeter states that the Board or a Committee can hear the case but is not clear whether the assembly has to hear the case, except on appeal (and then this has to be specified in the bylaws).
• If held before the assembly members must submit their questions in writing to the presiding officer to ask the counsel to ask the question (also his own question must be directed through counsel)
• Robert’s stresses confidentiality and protection of privacy at each step of the trial whereas Demeter says that members have a right to discuss the trial. Robert’s even suggests caution at the end of the trial i.e. the society only informs other organizations that the member/officer no longer is a member not getting into the details.
• Minor penalties require a majority, whereas serious penalties of suspension and expulsion require a 2/3 votes. Robert’s only requires a 2/3 vote for expulsion.
• Demeter states that the outcome of the trial is a motion of accusation therefore all subsidiary and privileged motions can apply to it including tabling, postponement or to postpone indefinitely etc.
• A motion of not guilty, if carried, cannot be reconsidered.

 

The Standard Code of Parliamentary Procedure Third Edition Alice Sturgis, 1988

 

Pages 213-215

 

• Procedures should be included in Bylaws.
• Every organization has the right to discipline, suspend or expel a member for cause.
• A member can be expelled for dereliction of duty, breach of a fundamental rule or principle, violation of the bylaws, a member fails or refuses to work within the framework of the organization, or the violation of duties as a citizen (breaking the law).
• Steps for imposing severe discipline or expulsion:
• Charges in affidavit form.
• Investigation by committee which if it finds cause will set a date and notify the secretary.
• Notification of accused 15 days before date of hearing, copy of charges, and a listing of the accused’s rights e.g. to be present and to have representation.
• Hearing is conducted by the committee with generally the same provision as Robert’s.
• Decision is communicated by the committee to the accused and secretary.
• Penalty recommended by the Board of Directors to the membership if the accused is found guilty. The decision may be approved by a majority vote at a general membership meeting.
• Some organizations readmit a member who has been expelled after a certain period of time.

 

Bourinot’s Rules of Order, Third Revised Edition, Geoffrey Standford 1977

 

Page 29 Decorum and Page 56 Order.

 

Rules of the House of Commons

 

• Duty of the Speaker to preserve order and decorum.
• In deciding a point of order or practice he states the standing order or authority applicable. No debate or appeal can be made.
• A member called to order by the Speaker must obey at once, withdrawing any offensive words or making the necessary apology.
• If a member disobeys the Speaker “Names” him for disregarding the authority of the Chair.
• In extreme cases the Leader of the House may move that the member be suspended for one or more sessions. The motion is not amendable or debatable. If he does not comply he can be escorted by the Sergeant at Arms.

 

Rules and Usages for Assemblies Generally

 

• If a member says or does anything contrary to the rules and established customs the Chairman should immediately call him to order.
• If more serious, the Chair can declare a member out of order.
• Chairs’ ruling is not debatable but a motion to dissent from the order of the chair can be made and seconded. A majority can over turn the ruling of the Chair
• If order cannot be restored the Chair may vacate the chair and adjourn the meeting to another day.
• Chair does not usually have the power to impose discipline.
• A motion can be made from the assembly to impose discipline and must be carried by a “substantial majority”.
• Non-members can be asked to leave the meeting by the Chair.
• Bourinot notes that slander is oral and libel is written defamation of character of another and that members should take note of this.

 

Procedures for Meetings and Organizations, Second Edition, Kerr and King

 

There is nothing in Kerr and King that comes under the heading discipline. Organizations using Kerr and King should do what they recommend on page 33 “to establish a set of fair procedures before such an occasion arises”.

• Removal from Office, Committees or Membership Page 33-34 and 178-79
• Bring the conduct, that appears contrary to the purpose of the organization, to the Board
• The Board then asks the accused for an explanation (sounds almost like a trial).
• If the Board is not satisfied or the member fails to appear, the Board asks the member to resign.
• If the member does not resign, he is given a notice of the recommendation of the Board to the assembly and the date of the meeting. The recommendation is made as a special resolution (2/3 vote, not amendable except within the limits of the motion, however the rules specifically governing this motion to remove an officer states no amendments).
• The motion is circulated and the accused is allowed a written rebuttal, which is also circulated before the meeting.
• He is allowed to speak in debate and vote on the motion (written vote). The Chair gives the accused the last word before the vote. The motion for removal requires a 2/3 vote
• The motion to remove a person from office cannot be amended. Page 89.
• Membership Committee sometimes deals with termination and suspension of members. Page 139
• Suspension appears to be only done for none payment of dues. Page 33