A Look At Some of the Principles behind Disciplinary Procedures within Roberts Rules of Order (11 th ed.)

 Roberts  Chair Admonition  Scolding  Calling Member to Order  Chair or member  Puts question of penalty to members of the assembly.  Naming the Offender  Full Trials  UCMJ  Art. 15 Non-Judicial  1 Officer  Summary Court  Judge + >= 3 members  General Court  Judge + >= 5 members  Severity of potential punishments increase with type.

 2 Types: In Meeting and Outside Meeting  “Conduct Unbecoming”  Ch. XX, §61, p. 643, l  General Principle: Any conduct “…tending to injure the good name of the organization, disturb its well-being, or hamper it in its work” is properly subject to disciplinary action whether or not it is stated in the bylaws.  p. 644, l. 3-7

 Chair or members can spotlight offense.  Infraction witnessed by assembly – no investigation required.  Offender given the opportunity to withdraw language or apologize for actions  Calling Member to Order  Chair gives warning, but if member has the floor, chair puts question “Shall the member be allowed to continue?” – Not debatable.

 Amounts to preferring of charges.  BEFORE taking action, chair directs secretary to capture offensive language/behavior used and place in minutes.  Offender given opportunity to recant/retract.  If done at time of offense – are the notes of language/action removed from minutes?

 ….the chair should take necessary measures to see that the order (or the assembly) is enforced, but should be guided by a judicious appraisal of the situation. p. 648, lines 30-32

 Offenses occur outside the purview of the assembly. No ‘first-hand’ knowledge.  Charges preferred and trial held before a disciplinary committee, or full assembly.  Even if improper conduct DURING MEETING; for disciplinary action to take place OTHER THAN promptly after breech as previously described, charges MUST be preferred and a formal trial held.

 Society has right to investigate, but no one has right to make information obtained public.  Trials are ALWAYS held in Executive Session (private).  Making facts public may constitute Libel. p. 655 [all], p. 656, lines 1-15

 Trials can not legally establish guilt of accused as understood in a court of law.  Hearsay evidence has to be admitted/allowed  The accused DOES have the right of due process: Informed of charges, given time to prepare a defense, and appear (at trial) to defend themselves.

1. Confidential investigation by committee 2. Report of Committee – referral of charges 3. Formal notification of the accused 4. Trial 5. Assembly review of trial committee’s findings See page 656

“A judge is a law student who marks his own examination papers.” H. L. Mencken