The NESFA By-Laws
with Historical Annotations

Article VIII: Discipline

• 8.1 The Rules Committee shall maintain order at all meetings and shall protect the rights of all members. The chairman of the Rules Committee shall be Sergeant-at-Arms at meetings or may designate another member of the Rules Committee to serve as Sergeant-at-Arms. In the absence of the chairman and any other person so designated, the presiding officer may appoint a Sergeant-at-Arms for that meeting.
  [Last sentence added 3/71; "In the absence..." clause clarified 11/79.]

• 8.2 [The current version of Section 8.2 was passed in 8/75 (after a disciplinary crisis), in response to a feeling that disciplinary procedures needed to be spelled out more explicitly; it replaced a one-paragraph earlier version (see below).]

  • (a) The Rules Committee shall deal with all complaints of misconduct or breach of discipline. The Rules Committee may informally mediate disputes; however, it shall act formally or report on disciplinary matters only in response to a written complaint by a Member. This section does not prohibit any Member, whether or not a member of the Rules Committee, from making a complaint on behalf of another person or persons.

  • (b) On receipt of a written complaint as described in (a), the Rules Committee may reject it with a written explanation and with or without making further inquiries of the complainers, or may proceed to investigate fully and act on the complaint.

  • (c) Should the Rules Committee decide to act on a complaint, it shall give each person complained against written notice of the complaint and its contents. If the matter relates to a Corporation activity, the complaint shall be considered as if made against each Member having direct or indirect responsibility for that activity, up to and including the President.
    [The word "written" was added in 11/75.]

  • (d) If, in investigating a complaint, the Rules Committee questions any Member other than one of the complainers or those complained against, it shall upon the Member's request inform the Member in confidence of the general nature of the complaint.

  • (e) If the Rules Committee has reason to believe that knowledge of the complaint would lead to the destruction of evidence or flight with valuable property of the Corporation, or if other grave and unusual reasons make it necessary, it may withhold the knowledge of the complaint it would otherwise be required to give under (c) and (d). In each such case the Rules Committee shall reduce its reasons to writing. Any report to the Membership shall include the circumstances and reasons for any withholding of information.

  • (f) The Rules Committee, after investigating and having provided reasonable opportunity for the person or persons complained against to be heard, may take any action to discipline or correct the misconduct complained of. Such action shall be taken only by written order, clearly citing the complaint, which shall be reported to the Membership and shall be completely subject to appeal and review by the Membership. Such a written order issued following the procedures of this section may recommend to the Membership the suspension or expulsion of any Member.

  • (g) A proxy is invalid in any vote by the Membership on any matter under this section if it specifies the vote or position to be taken or otherwise restricts the exercise, by the person holding the proxy, of independent judgment based upon the reports and debates at the meeting.

  • (h) This section shall be interpreted to secure the just, speedy, and inexpensive disposition of every complaint.

  [The 3/71-8/75 text of Section 8.2 read simply: "Upon receiving a complaint of misconduct or breach of discipline against any person, the Rules Committee shall investigate the matter and, after having provided reasonable opportunity for the accused person to be heard, may take any action to discipline or correct such misconduct, subject to appeal and review of the Membership. In connection with such a complaint, the Rules Committee may, after having followed the procedures set forth in this Section, recommend to the Membership the suspension or expulsion of any Member." On suspension or expulsion, see also Section 1.7. The 1967-71 By-Laws had much the same provisions, except that investigation was at the committee's discretion, and suspension was not mentioned.]

• • 8.3 (a) Any proposal to remove an Officer must be signed by at least five (5) Regular Members and be submitted to the Rules Committee.
    [1967-71: "...to the Clerk and the Chairman of the Rules Committee."]

  • (b) Upon receiving such a petition, the Rules Committee shall investigate and, within two days, shall make a preliminary decision whether to suspend the Officer involved.

  • (c) Whether or not it has made any suspension, the Rules Committee shall notify the Membership and the Officer involved of the petition, shall make such further investigations as it finds warranted, and shall make a full report within one month to the Membership. The Rules Committee may suspend the Officer involved at any later time during its investigations if it has found further evidence which warrants such suspension. [3/71]

  • (d) The Rules Committee shall immediately notify all Officers of any suspension, and shall notify the Officer suspended by telephone, in person, or by certified letter.
    [1967-71: Notification "within one day's time", telephone not mentioned.]

  • (e) Officers under suspension shall turn over to the Executive Board all books, papers, and other property of the Corporation in their possession or control, and shall not exercise any of the functions of their Offices.

• • 8.4 (a) Upon receiving a petition or petitions under Section 8.3 calling for the removal of half or more of the Officers, the Rules Committee shall investigate and, within two days' time, shall make a preliminary decision whether to suspend any or all of the Officers involved. A decision to suspend half or more of the Officers requires the approval of two thirds of all members of the Rules Committee.
    [In (a) and (c), "half or more" replaced "a majority" in 3/75, when the Executive Board was reduced from five to four members.]

  • (b) The provisions of Subsections 8.3(c), (d), and (e) apply to suspensions made under this section. The Rules Committee shall immediately notify all Officers and Members of such suspensions and are authorized to spend such funds as may reasonably be necessary for this purpose.

  • (c) During the suspension of half or more of the Officers, the power of the Executive Board, under Section 3.9, to fill the resulting vacancies is inoperative. The books of the Corporation shall be closed until the matter is resolved, and the Rules Committee shall so notify all banks in which assets of the Corporation are deposited.
    [First sentence added 3/71.]

  • (d) The Membership shall meet within two weeks of any such suspensions to act on the matter. The Rules Committee shall schedule such a meeting and notify the Members thereof, unless a meeting is already scheduled to take place within the required time.
    [1967-71: Meeting to be within one week. Second sentence added 3/71.]

• • 8.5 (a) Except as provided in Subsection 8.4(d), all Members shall be notified in writing at least two weeks in advance as to the meeting at which a proposal to remove an Officer will be brought before the Membership.

  • (b) Upon receiving the report from the Rules Committee as to its investigations, and after debate in which each Officer involved has had an opportunity to be heard, the Membership shall decide the matter by voting separately and by secret ballot on each Officer involved. [3/71]

  • (c) Removal of any Officer requires the affirmative vote of two thirds of the Regular Members present or represented by proxy. A proxy is invalid for this purpose if it specifies the vote or position to be taken or otherwise restricts the exercise, by the person holding the proxy, of independent judgment based on the reports and debates at the meeting.
    [All references to proxy voting added 3/71.]

  • (d) The defeat by the Membership of a proposal to remove a suspended Officer terminates the suspension. [3/71]

  [Sections 8.3 through 8.5 have never been invoked.]

• 8.6 The Rules Committee shall keep accurate minutes of all its meetings. Records of deliberations involving misconduct shall be maintained in a confidential manner as permanent records not open to general inspection.