How would a body choose between various undefined options? For example, if body decides a member should be disciplined, how does the body decide the appropriate method of discipline?
There are any number of methods available to discipline someone, from private or public reprimand, to monetary penalties, to suspensions of whatever length, to removal as an officer, to removal as a member of the body, etc. You can also mix & match various methods of discipline (e.g., suspension PLUS public reprimand). Further, if you decide to suspend someone, the body would then have to decide the length of the suspension (e.g., 30 days, 60 days, 90 days, 120 days, etc.).
How does a body democratically sort through all that without getting bogged down in a ton of motions that could end up without a majority on any of them? I thought about using a ballot system, but the ballot would have to list every possible combination of methods of discipline available, right?
I’m thinking about this because I’m trying to write bylaws that define a fair procedure.
After thinking some more, here’s the relevant portion of my proposed bylaws:
P. The Committee shall determine a method of discipline by seconded motion and majority vote. If no method of discipline receives a majority vote, then, by show of hands, ballot, or roll call vote, the Committee shall vote upon each expressly stated method of discipline provided in the Committee Bylaws. Each voting member shall be permitted to vote in favor of only one method of discipline in this manner. The plurality of votes shall prevail in selecting a method of discipline in this manner.
Q. The Chair shall resolve any issues left unresolved by the selected method of discipline, including, without limitation, the duration of a suspension, or the amount of a monetary sanction. The decisions of the Chair in this respect are subject to appeal to and by the Executive Committee only. If the Executive Committee, on appeal, fails to resolve the appealed unresolved issues by majority vote, then the original decision of the Chair shall be restored.
[Note: The bylaws provide a non-exclusive list of possible methods of discipline.]
The methods of discipline available to the Committee shall include, without limitation, the following:
A. Sanctions;
B. Public and private reprimand;
C. Ejection and prohibition from meetings and events;
D. Suspension of any and all privileges;
E. Suspension from office;
F. Removal from office;
G. Removal as a member of the Committee; and
H. Any other method of discipline deemed by the Committee to be fair and just under the circumstances.
Thoughts?
Only one gratuitous bump for good measure.