View Poll Results: New NFP act discipline of members bylaw would you prefer?

Voters
16. You may not vote on this poll
  • I prefer the default rule where the board decides with no appeal.

    2 12.50%
  • The board decision may be overturned by a simple majority of members.

    5 31.25%
  • The board decision may be overturned by a two thirds majority of the members.

    6 37.50%
  • The members shall have authority to suspend or expel any member with a three quarters majority vote.

    2 12.50%
  • There should be no mention of discipline contained in the new bylaws submitted to the government.

    1 6.25%
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Thread: Straw Poll on Discipline of members under the NFP Act

  1. #1
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    Default Straw Poll on Discipline of members under the NFP Act

    Option 1 Default under the new NFP Act

    The board shall have authority to suspend or expel any member from the Corporation for any one or more of the following grounds:

    violating any provision of the articles, by-laws, or written policies of the Corporation;
    carrying out any conduct which may be detrimental to the Corporation as determined by the board in its sole discretion;
    for any other reason that the board in its sole and absolute discretion considers to be reasonable, having regard to the purpose of the Corporation.
    In the event that the board determines that a member should be expelled or suspended from membership in the Corporation, the president, or such other officer as may be designated by the board, shall provide twenty (20) days notice of suspension or expulsion to the member and shall provide reasons for the proposed suspension or expulsion. The member may make written submissions to the president, or such other officer as may be designated by the board, in response to the notice received within such twenty (20) day period. In the event that no written submissions are received by the president, the president, or such other officer as may be designated by the board, may proceed to notify the member that the member is suspended or expelled from membership in the Corporation. If written submissions are received in accordance with this section, the board will consider such submissions in arriving at a final decision and shall notify the member concerning such final decision within a further twenty (20) days from the date of receipt of the submissions. The board's decision shall be final and binding on the member, without any further right of appeal.


    Option 2
    The board shall have authority to suspend or expel any member from the Corporation for any one or more of the following grounds:
    . violating any provision of the articles, by-laws, or written policies of the Corporation;
    a. carrying out any conduct which may be detrimental to the Corporation as determined by the board in its sole discretion;
    b. for any other reason that the board in its sole and absolute discretion considers to be reasonable, having regard to the purpose of the Corporation.
    In the event that the board determines that a member should be expelled or suspended from membership in the Corporation, the president, or such other officer as may be designated by the board, shall provide twenty (20) days notice of suspension or expulsion to the member and shall provide reasons for the proposed suspension or expulsion. The member may make written submissions to the president, or such other officer as may be designated by the board, in response to the notice received within such twenty (20) day period. In the event that no written submissions are received by the president, the president, or such other officer as may be designated by the board, may proceed to notify the member that the member is suspended or expelled from membership in the Corporation. If written submissions are received in accordance with this section, the board will consider such submissions in arriving at a final decision and shall notify the member concerning such final decision within a further twenty (20) days from the date of receipt of the submissions. The board's decision may be appealed to the class A voting members at the next regularly quarterly meeting.

    Option 1: I prefer the default rule where the board decides on disciple as given above.

    Option 2: The board decision may be overturned by a simple majority of members.

    Option 3: The board decision may be overturned by a two thirds majority of the members.

    Option 4: The members shall have authority to suspend or expel any member with a three quarters majority vote.

    Option 5: There should be no mention of discipline contained in the new bylaws submitted to the government.

  2. #2
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    Default

    Quote Originally Posted by Bob Armstrong View Post
    Hi Vlad:

    Can this not be set up as a poll? Doing it by comment is going to get very messy I think.

    But people still, if they wanted, could post reasoning here in the comments part.

    Bob A
    I apparently don't have the authority to delete that thread which somehow arose out of my efforts to post a poll. If we could move Bob Armstrong's comment to this thread, and delete the other thread that would be most helpful.

  3. #3

    Default

    Quote Originally Posted by Vladimir Drkulec View Post
    I apparently don't have the authority to delete that thread which somehow arose out of my efforts to post a poll. If we could move Bob Armstrong's comment to this thread, and delete the other thread that would be most helpful.
    Well, powerless or not, you accomplished half the task - my post is now HERE! And at least my comment on the duplicative, defective thread will give people pause, and maybe cause them to find this, the real, true, hale and hearty thread!

  4. #4
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    Default

    It would be nice to be able to choose more than one option as long as they did not conflict. I would have then selected both options 3 and 4. I think the board AND the voting members should have the ability to disipline, with voting members able to overrule the board by a 2/3 majority.

  5. #5
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    Default

    Option 4 is a little random, I agree. I would also choose 3 and 4 although where did the 3/4 number come from? 2/3 is normal.
    Christopher Mallon
    FIDE Arbiter

  6. #6
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    Default

    Quote Originally Posted by Christopher Mallon View Post
    Option 4 is a little random, I agree. I would also choose 3 and 4 although where did the 3/4 number come from? 2/3 is normal.
    The 3/4 number came from our current rule which is part of the handbook and includes the stipulation that such a procedure can only be done during an AGM. By removing the AGM from the equation we can have the discipline rule apply between AGM's as well.

  7. #7
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    Default

    As per our usual practice I have moved this thread to the top as a "sticky"

  8. #8

    Default Dubious Evidence on the Offence

    The executive (to be called the Board) are a small number and can thus make mistakes. Also, as administrators, they have to deal with policy "troublemakers". So they may be a bit pissed, and it will affect their judgment on the most important issue of "ejection".

    Thus, the governors (to be called the voting members), whose numbers are bigger, and who are more objective because they have not been in battle directly with the " offender", should be the appeal body.

    And since ejection is so serious, the standard for the no. of members needed to overturn a decision should be low. And if an "offender" has the appeal body divided almost in half, then getting 50% should be enough, because obviously the evidence is so flawed that 50% disagree on the offenders guilt.

    Bob A

  9. #9

    Default

    The executive get to act as both prosecutor and judge, therefore I think the threshold for over-turning disciplinary action should be a simple majority of voting members excluding the executive. It would be rather improper for the executive to vote an appeal of their decision to discipline a member.

  10. #10

    Default

    Quote Originally Posted by Ken Craft View Post
    The executive get to act as both prosecutor and judge, therefore I think the threshold for over-turning disciplinary action should be a simple majority of voting members excluding the executive. It would be rather improper for the executive to vote an appeal of their decision to discipline a member.
    Hi Ken:

    Good tweaking - didn't occur to me. I entirely concur as an amendment to option 2. I hope the committee will in their report, highlight this minor option for the governors, if it is not the top vote-getter. It has an important legal foundation.

    I personally, however, voted for the most stringent option before eliminating someone - option 4. If the executive can't get a full 3/4 of the members on their side, the benefit should go to the offender - s/he has too much support, and any action should not take place. But option 2, with Ken's amendment, is second best in my mind, and I could also accept it.

    Bob A
    Last edited by Bob Armstrong; 01-08-2014 at 11:25 AM.

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