JohnN10 (California)
Posts: 7
Posts: 7
Posted:
what is the procedure for censuring or discipling board members?
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discipling board members
Started by JohnN10 • 6 replies • 1401 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Here is the link to the Davis-Stirling web page about censuring:
http://www.davis-stirling.com/tabid/1648/Default.aspx#axzz2DLy8at4W
Who is doing the censuring (the other Board members or the membership)?
http://www.davis-stirling.com/tabid/1648/Default.aspx#axzz2DLy8at4W
Who is doing the censuring (the other Board members or the membership)?
JohnN10 (California)
Posts: 7
Posts: 7
Posted:
the board would be doing the censuring. JN
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Then as the link indicates, someone needs to make a motion, the motion be seconded and a vote taken. Majority vote wins.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Well, JohnN, our Board has "disciplined" about 3 directors over the past 6 years that I've been on it.
I don't know how legit it is, but we felt that the steps in davis-stirling.com or Robert's Rules went further than we wanted to go. So we devised our own process. The Board Pres. & one other director met with the problem director in private and informed her/him that at the next Executive Session, the Board would discuss the violation and direct the offender to not engage in the conduct again. We didn't want to blindside any of them. At the meeting, we discussed the violation and voted to instruct the offender to refrain such behavior in the future, which was noted in the minutes.
The offending conduct--3 different directors-- involved a director revealing to a non-director the identity of a h'owner called to a hearing. A director cursing & shouting at a h'owner during a hearing. A director, without board permission, asking in-house property managers at other nearby high rises how much they get paid annually and saying that we were thinking about going from a MC to in-house management (we were not).
If the infractions had been more serious, we might have proceeded directly to the steps in davis-stirling.com, i.e., censure.
I don't know how legit it is, but we felt that the steps in davis-stirling.com or Robert's Rules went further than we wanted to go. So we devised our own process. The Board Pres. & one other director met with the problem director in private and informed her/him that at the next Executive Session, the Board would discuss the violation and direct the offender to not engage in the conduct again. We didn't want to blindside any of them. At the meeting, we discussed the violation and voted to instruct the offender to refrain such behavior in the future, which was noted in the minutes.
The offending conduct--3 different directors-- involved a director revealing to a non-director the identity of a h'owner called to a hearing. A director cursing & shouting at a h'owner during a hearing. A director, without board permission, asking in-house property managers at other nearby high rises how much they get paid annually and saying that we were thinking about going from a MC to in-house management (we were not).
If the infractions had been more serious, we might have proceeded directly to the steps in davis-stirling.com, i.e., censure.
LawrenceC1 (Georgia)
Posts: 480
Posts: 480
Posted:
Quote:
Posted By CarolR11 on 11/26/2012 12:08 PM
we felt that the steps in davis-stirling.com or Robert's Rules went further than we wanted to go [...] If the infractions had been more serious, we might have proceeded directly to the steps in davis-stirling.com, i.e., censure.
we felt that the steps in davis-stirling.com or Robert's Rules went further than we wanted to go [...] If the infractions had been more serious, we might have proceeded directly to the steps in davis-stirling.com, i.e., censure.
Carol,
Either what your board does or what Davis-Sterling outlines is all piffle. Neither action has any meaningful effect, and the offending director is able to thumb their nose at the process and continue the bad behavior.
The only way to deal with a problem director is to organize a recall by the membership, file a lawsuit under state laws regarding fiduciary duty, or pursue criminal prosecution if applicable. If the behavior doesn't warrant that degree of response, then it's not worth bothering with.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
In our three cases, Lawrence, the offending directors agreed at the E.S. to refrain from such behavior in the future. It's been almost two years in two cases and those director are still conducting themselves properly. In the third, the directors didn't repeat his behavior for the remaining 1-1/2 years that he served.
As I noted, we'd go directly to censure and/or remove the offender from office (if s/he held one) and/or ask for resignation form the Board for more serious issues.
As I noted, we'd go directly to censure and/or remove the offender from office (if s/he held one) and/or ask for resignation form the Board for more serious issues.
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