According to Robert’s Rules of Order, discipline is integral to an organization’s seamless operation. Members must always practice courtesy, politeness, and professionalism, even when participating in debates. When an assembly encounters misbehaving members, there are a few ways to deal with them.
Robert’s Rules of Order Discipline: What to Do About Unruly Members
Some members may become overly enthusiastic in meetings with heated debates on controversial issues. They might speak out of turn and repeatedly seek the floor to counter those with opposing views. In such situations, the chair should stay composed and gently remind the member of the proper debate rules. If the member is reasonable, no further action may be necessary.
If the member persists in disruptive behavior despite the chair’s remarks, the chair’s next step is to call the member to order. Should the member refuse to follow, the chair can take the next step by naming the offender. This is a recourse the chair should reserve as a last resort, akin to pressing charges against the member. Before taking this step, the chair instructs the secretary to document the disruptive behavior or words. When naming the offender, the chair uses the member’s name and specifies the wrongdoing.
If the member complies, the assembly can decide whether to leave the matter alone or consider imposing a penalty. Keep in mind that grievance-filing is not covered by Robert’s Rules of Order.
Common Penalties for Misbehavior
The chair lacks the authority to enforce a penalty for misbehavior — only the assembly holds that power. A member can stand and propose a motion suggesting a penalty, or the chair can inquire whether the assembly wants to impose one.
Some penalties are minimal, asking the unruly member only to apologize. An assembly may also choose to temporarily suspend the member’s rights. In some organizations, though not HOAs, the assembly may even penalize a member by removing them from the organization altogether.
Two common penalties include removing the unruly member from the assembly hall and censuring the member. These penalties have specific requirements and procedures according to Robert’s Rules.
Removing an Offender from the Assembly Hall
The assembly may remove any member from the meeting. The chair has the authority to remove non-members, who have no right to appeal the decision. However, it’s important to note that members can appeal on behalf of non-members. To remove a member from the hall, the assembly must put it to a vote.
If the assembly votes to remove someone from the hall but they refuse, the chair must stand firm and enforce the decision. The chair may designate a committee or ask the sergeant-at-arms to remove the person by escorting them out. However, make sure to practice care and caution so as not to expose the organization to liability. The chair may also get the police involved, but there is no guarantee that they will extend help unless the organization presses charges.
Censuring the Member
Censuring a member means warning them of potential suspension or expulsion if their behavior doesn’t improve.
- Purpose: To censure the member to encourage reform, preventing a recurrence of the behavior.
- Requires a second.
- Open to amendment.
- Subject to debate.
- Calls for a majority vote.
- Irreversible once decided.
- Outcome: The member receives a warning indicating repeated offenses may result in suspension, removal from membership, or dismissal from office.
This motion falls under incidental main motions. Members may only propose this when there’s no pending business. Both incidental and subsidiary motions apply to this motion. The member or officer facing censure can defend themselves during the debate but is ineligible to vote. It’s important to note that a member cannot be censured twice for the same offense.
What Can You Censure Members For?
According to Robert’s Rules of Order, censure may occur under the following actions or behaviors:
- Misconduct at meetings
- Breaching confidentiality
- Bribery
- Fraud
- Moral misconduct outside of the meeting
- Lying
- Disloyalty
- Conspiracy
- Breaching organization values
- Working against the organization
- Absenteeism
Remember that not all of these apply to all organizations (case in point: homeowners associations).
How Can You Censure Members?
Members may censure other members in one of two ways:
- If the chair names the unruly member and asks for a penalty, another member may request censure.
- If members are aware of the unruly member’s behavior and wish to call attention to it at the assembly, they may make a motion to censure the New Business part of the agenda.
Can Officers Be Censured?
Yes, officers may also be censured for the following actions or behaviors:
- Failure to perform their duties
- Working outside the scope of the bylaws or the organization’s assignments
- Fraud
The assembly may also censure the presiding officer, notably for the following things:
- Violating parliamentary rules in meetings
- Refusing members their basic rights to make motions, vote, and engage in debates or discussions
To censure a presiding officer, a member makes the motion to the vice president. The member may turn to the secretary if the vice president is absent or doesn’t acknowledge the motion. If the secretary is absent or refuses to consider the motion, the member may make it to the assembly. The presiding officer may defend themselves but may not participate in the vote.
How to Hold a Trial
A trial is a serious step for any organization and should be rare. To safeguard the rights of the accused, specific procedures are followed:
- Trials take place in executive sessions.
- The accused has the right to due process, including being informed of charges, having time to prepare a defense, and the right to appear and defend themselves.
Before a trial, a committee investigates misconduct reports. The committee, chosen for integrity, assesses the validity of reports. If charges seem warranted, the investigating committee quietly gathers facts and talks to the accused.
Confidential information collected is used to prepare resolutions. A resolution is prepared to clear the accused if the reports are false. If there’s substantial evidence, the investigating committee reports the findings and prefers charges.
Resolutions for a trial are then prepared. The first sets the trial date, specifies charges, and calls for the accused to appear. The second establishes the trial committee, which is different from the investigating committee.
If adopted, the secretary sends a registered letter notifying the accused of the trial details. The trial includes managers presenting evidence against the accused. The accused can have a representative, either a member or, if agreed by a vote, a nonmember. The trial involves opening statements, witness presentations, rebuttals, and closing arguments.
Afterward, the assembly votes on each charge. They determine the penalty if guilty, with a two-thirds vote needed for membership removal. The accused is informed of the results.
Trials should be a last resort. It’s best to resolve issues through communication first.
Robert’s Rules of Order Discipline of Members Explained
Maintaining order and addressing unruly behavior within an organization requires a deep understanding of disciplinary procedures. From gentle reminders to more formal censure motions, organizations have various tools at their disposal to ensure fair and just resolutions.
