When Things Go Wrong- Using Disciplinary Procedures

Parliamentary Society of Toronto

Tuesday, 1 October 2025

Thomas J. Balch, PRP

Disciplinary Procedures – �RONR (12^TH Ed.) Chapter XX

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• XX
• DISCIPLINARY PROCEDURES
• §61 Discipline of Members and Guests 608
• Dealing with Offenses in a Meeting, 609
• Offenses Elsewhere Than in a Meeting; Trials, 613
• §62 Removal from Office and Other Remedies
• for Dereliction of Duty in Office or Misconduct 614
• Remedies for Abuse of Authority by the Chair in a Meeting, 614
• Removal from Office, 618
• §63 Investigation and Trial 619
• Rights of the Society and the Accused, 619
• Steps in a Fair Disciplinary Process, 621
• Committee on Discipline, 632

DEALING WITH OFFENSES IN A MEETING

Nonmembers

Disruptive Nonmembers

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• Nonmembers may be excluded individually or collectively by:
• rule
• motion (question of privilege) adopted by assembly (e.g. , go into executive session)
• in cases of disruption – by chair, subject to undebatable appeal by a member
• RONR (12^th ed.) 61:7; 61:19-21
• Boards and committees may protect themselves from annoyance by nonmembers in similar fashion (except committee may not normally adopt its own rules)
• RONR (12^th ed.) 49:15; 50:26; 50:28

Members

Member Breach of order

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• 3 Levels, Increasing in Severity:
• Slight breach: chair raps gavel and advises member to avoid fault
• RONR (12^th ed.) 61:10
• Calling a Member to Order (serious, repeated breaches)
• Chair: “The member is out of order and will be seated.” OR
• Member: PO: “Mr. President, I call the member to order.” If chair upholds PO, directs out-of-order member to be seated.
• Either case: chair states breach & puts undebatable question, “Shall the member be allowed to continue speaking?”
• RONR (12^th ed.) 61:11

Member Breach of order

• “Naming” an Offender– “obstinate or grave breach of order”
• First, repeated warnings
• Chair directs sec’y to take down objectionable words (put in minutes only if chair subsequently “names” member)
• “Mr. J! The chair has repeatedly directed you to refrain from [breach]. . . . What penalty shall be imposed on the member?” Included in minutes.
• Motion to require offender to leave during consideration of penalty (after being allowed to present brief defense) undebatable, unamendable, requires majority vote.
• RONR (12^th ed.) 61:12-18

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Member Breach of order

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• “Naming” an offender – penalties, e.g.:
• apology
• withdrawal of objectionable remarks
• leave hall during remainder of meeting or until ready to apologize
• suspend membership rights
• expulsion from membership
• Majority vote, except expulsion, which requires 2/3
• Single member, other than accused, may demand ballot vote “unless the penalty proposed is only that the offender be required to leave the hall for all or part of the remainder of the meeting.”
• RONR (12^th ed.) 61:15; 61:17

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Boards

Discipline in Boards

• Board: follows same procedure to protect itself against breaches of order by members in board meetings
• EXCEPT maximum penalty is to require member to leave meeting room during remainder of meeting
• RONR (12^th ed.) 49:15

Committees

Discipline in Committees

• Committee: follows same procedure to protect itself against breaches of order by members in committee meetings
• EXCEPT normally cannot itself impose penalty on committee member but must report to parent body, which can do impose penalty
• BUT “if there will be no opportunity for this to occur within the time needed to effectively resolve the problem and enable the committee to complete its assigned task” committee may require offending member to leave meeting room during remainder of meeting
• RONR (11^th ed.) 50:28 (emphasis in original).

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Discipline in Committees

• Motions to close or limit debate not allowed in committees (to give assembly benefit of committees’ “matured judgment”)
• EXCEPT if “a member abuses his privilege of speaking an unlimited number of times . . . to obstruct the business of the committee,” report to parent body, which may:
• Remove member from committee
• Adopt order limiting or closing debate in committee
• Take other action it deems advisable
• HOWEVER, “if there will be no opportunity for this to occur within the time needed to effectively resolve the problem,” committee chair’s duty to deny abusive member “any further recognition to speak in debate on the pending question”
• RONR (12^th ed.) 50:25 & n7 (emphasis in original).

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Dilatory Motions

Dilatory Motions - Members

• “A motion is dilatory if it seeks to obstruct or thwart the will of the assembly as clearly indicated by the existing parliamentary situation.”
• Frivolous or absurd, or contains no rational proposition
• Appeal when cannot possibly be 2 reasonable opinions
• Division when full vote and result clear
• Lay on the Table matter for which special meeting called
• Constantly raising Points of Order and Appeals
• Repeated move to Adjourn when no basis for renewal
• “By use of such tactics, a minority of two or three members could bring business to a standstill.”
• RONR (12^th ed.) 39:1-3

Dilatory Motions

• “It is the duty of the presiding officer to prevent members from misusing the legitimate forms of motions, or abusing the privilege of renewing certain motions, merely to obstruct business.”
• When one or more members repeatedly using parliamentary forms for dilatory purpose, either:
• Not recognize these members OR
• Rule such motions out of order
• RONR (12^th ed.) 39:4

ABUSE OF AUTHORITY BY THE CHAIR

Remedies in a Meeting

Potential Presiding Officer Abuses

• Violation of rules requiring that chair:
• Recognize any member seeking floor when so entitled
• When member makes non-dilatory motion must:
• State question on it (if seconded when required)
• Rule not in order for specified valid reason
• Require it be clarified/submitted in writing
• Not proceed so quickly as to deny members rights to seek to debate or introduce appropriate motions
• RONR (12^th ed.) 62:3

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Standard Remedies

• Point of Order
• Appeal
• What if Chair fails to:
• Respond to & appropriately resolve Point of Order
• Respond appropriately to Appeal
• Act in accordance with decision of assembly on appeal
• RONR (12^th ed.) 62:4-7

Putting Motion to Vote

• If chair ignores non-dilatory Point of Order, maker may:
• Repeat PO second and third time, & if still ignored:
• Standing in the member’s place, put point of order to vote without debate
• “Is the point of order that . . . well taken?”
• RONR (12^th ed.) 62:8

Putting Motion to Vote

• VARIATIONS: Chair ignores non-dilatory motion properly made and seconded
• If point of order that chair must state the motion ignored:
• Repeat original motion
• If seconded and still ignored,
• Member puts original motion to vote without debate
• RONR (12^th ed.) 62:8

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Putting Motion to Vote

• VARIATION: If chair ignores non-dilatory Appeal, maker may:
• Repeat Appeal second and third time, & if seconded and still ignored:
• Put Appeal to vote without debate
• “Shall the decision of the chair be sustained?”
• RONR (12^th ed.) 62:9

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Removal of Chair pro tem

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• Motion to “declare the chair vacant and proceed to elect a new chairman”
• After motion has been stated, chair must be turned over to secretary or secretary pro tem
• Debatable incidental main motion requiring a majority vote; question of privilege
• RONR (12^th ed.) 62:11 & n4

Suspension of Chairman

• Suspend the Rules to take away chair’s authority to preside for all or part of session
• Maximum effect: one session
• Cannot suspend administrative authority of chair (role of executive officer as distinct from presiding officer)
• Successor:
• Individual named in Suspend the Rules motion, if any
• Ranking vice-president
• Elected temporary presiding officer
• RONR (12^th ed.) 62:12-14

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PERMANENT REMOVAL OF OFFICERS

Term of Office determines

• For a term of x years and/or until their successors are elected
• And -- removal only for cause through disciplinary proceedings
• Suggested addition in bylaws: “Officers may be removed for cause by disciplinary proceedings as provided in the parliamentary authority.”
• Or – removal by 2/3 vote, majority with previous notice, or majority of entire membership
• Suggested addition in bylaws: “Officers may be removed from office at the pleasure of the membership as provided in the parliamentary authority.”
• RONR (12^th ed.) 56:29-30

TRIALS AND THEIR PRECURSORS

To discipline members or remove officers

Investigation & Trial

• Required:
• Re: conduct of member outside meeting
• Conduct of member at meeting if no disciplinary action was taken promptly after the breach occurred
• Exception: discipline for words spoken in debate permissible only promptly after breach occurs
• RONR (12^th ed.) 61:22

Due Process Rights

• Charges brought on reasonable ground
• Accused informed of charge and given time to prepare defense
• Appear and defend self
• Be fairly treated
• RONR (11^th ed.), p. 656, ll. 1-6

1. Appoint Investigating Committee

• Resolution
• Offered in executive session
• Avoid details of allegations, and may not assume their truth
• Provide for appointment or election of special investigating committee
• May NOT prefer charges before investigating committee has reasonable and adequate time to investigate and report
• RONR (12^th ed.) 63:8-13 & n8

2. Committee Investigates

• Seeks confidential, unsworn information
• Makes reasonable attempt to interview accused
• Report may:
• Exonerate accused
• Report satisfactory solution without trial (e.g., resignation)
• Recommend resolution:
• Preferring charges
• Setting trial
• Possibly suspending member/officer
• RONR (12^th ed.) 63:12-13

3. Adoption of Resolution

• Preferral of charges
• Offenses specified in bylaws or code of conduct OR
• Members: “conduct tending to injure the good name of the organization, disturb its wellbeing, or hamper it in its work”
• Officers: same, or “misconduct in office,” “neglect of duty in office,” or “conduct that renders” officer “unfit for office”
• At least 1 specification for each charge: what the accused has alleged to have done constituting an instance of the offense charged
• RONR (12^th ed.) 63:24

3. Adoption of Resolution

• Suspension (optional)
• Of some or all of accused’s authority, rights, and duties as officer
• Of rights as member
• Except rights relating to trial
• RONR (12^th ed.) 63:26

4. Notification of Accused

• Secretary sends letter with copy of resolution, direction to appear as cited
• Method providing confirmation of delivery to address
• RONR (12^th ed.) 63:28-29

5. Trial Procedure

• Assembly may by majority vote adopt resolution governing trial with details consistent with rules
• Any time limits must allow defense at least equal time for each element of trial as managers
• After commencement of trial, resolution may be changed only on motion of managers, defense, or presiding officer
• Undebatable
• Adoption requires vote to Amend Something Prev. Adopted
• Assembly may adopt special rules of order varying trial procedure set forth in RONR
• RONR (12^th ed.) 63:32 & n10; 63:33(d)(i)

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6. Trial Preliminary Steps

• Secretary reads resolution preferring charges
• Chair verifies accused sent notice of charges
• Chair announces managers’ names
• Chair asks if accused has counsel
• RONR (12^th ed.) 63:33

7. Trial Commencement

• Secretary reads charge and specifications
• Chair asks accused whether pleads guilty or not guilty to each
• Chair explains steps in trial:
• Opening statements, managers first
• Testimony of witnesses called by managers
• Testimony of defense witnesses
• Rebuttal witnesses called by managers, then defense
• Closing arguments
• RONR (12^th ed.) 63:33(a-d)

8. Procedure During Trial

• Presiding officer directs trial as would a judge
• Managers or defense may make & argue objections and requests
• Any member may appeal; undebatable
• Members other than managers or defense may submit questions in writing, put to witness by chair at appropriate time
• Motions limited to privileged & those related to conduct of meeting or trial – submitted in writing to chair, who at appropriate point reads, inquires whether second, & puts to vote without debate
• RONR (12^th ed. 63:33(d)(i-iii) &n11

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9. Trial Deliberations

• After closing arguments, accused leaves room; all other members remain
• Each specification, then charge, read, debated, and voted on separately (unless vote delayed to single ballot – any member may demand ballot vote)
• Specifications & charges amendable, but amended charge must be wholly included in noticed charge
• If found not guilty of every specification under a given charge, then not guilty of that charge
• If guilty of specification(s) but not charge, lesser included charge may be moved and voted on
• RONR (12^th ed.) 63:33(e)

10. Penalty Phase

• Manager or other member makes motion for penalty
• Debatable and amendable
• Single member may demand ballot vote
• Majority vote sufficient except expulsion from membership requires 2/3
• Accused called back into hall and advised of result
• RONR (12^th ed.) 63:33(e-f)

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QUESTIONS AND ANSWERS