Disciplinary procedure

{{About|discipline in deliberative assemblies that use parliamentary procedure|other uses of discipline|Discipline (disambiguation)}}

In a deliberative assembly, disciplinary procedures are used to punish members for violating the rules of the assembly.

Codes and rules

According to Robert's Rules of Order Newly Revised (RONR), discipline could include censure, fine, suspension, or expulsion.{{Cite book|title = Robert's Rules of Order Newly Revised|last = Robert|first = Henry M.|publisher = Da Capo Press|year = 2011|isbn = 978-0-306-82020-5|location = Philadelphia, PA|pages = 643|edition = 11th|display-authors = et al.}} The officers may be removed from their position, including the position of the chair. If an offense occurs in a meeting, the assembly, having witnessed it themselves, can vote on a punishment without the need for a trial.{{Harvard citation no brackets|Robert|2011|p = 646}} The chair has no authority to impose a penalty or to order the offending member to be removed from the hall, but the assembly has that power. Mason's Manual of Legislative Procedure states that the power of discipline is within the assembly as a whole and not the presiding officer acting alone.{{cite parl|title=MAS|pages=418|edition=2000|year=2000}}

A trial is required if the offense occurs outside a meeting and the organization's rules do not describe the disciplinary procedures.{{Harvard citation no brackets|Robert|2011|p = 656}} The Standard Code of Parliamentary Procedure (TSC) states that in trials of disciplinary procedures, members should be given due notice and a fair hearing.{{cite parl|title=TSC|pages=224|edition=4th}} The trial could be held in a meeting of the organization or in a meeting of a committee appointed by the organization for such a purpose.{{Harvard citation no brackets|Robert|2011|p = 669}}

Nonmembers of the body that is meeting have no rights.{{Harvard citation no brackets|Robert|2011|p = 648}} Nonmembers may be removed by the chair acting alone.

According to the European Court of Human Rights, "it is common practice in Parliaments of the Member States of the Council of Europe that Parliaments exercise control over behaviour in Parliament":Giampiero Buonomo, Lo scudo di cartone, Rubbettino Editore, 2015, p. 209 , {{ISBN|978-88-498-4440-5}}. the Court notes the importance of orderly conduct in Parliament and recognises the importance of respect for constitutional institutions in a democratic society. Its supervisory role consists in balancing those interests in the specific circumstances of the case against the rights affected in order to determine the proportionality of the interference.{{Cite web|title = KARÁCSONY AND OTHERS v. HUNGARY 42461/13|url = http://caselaw.echr.globe24h.com/0/0/hungary/2013/11/07/karacsony-and-others-v-hungary-138866-42461-13.shtml|website = caselaw.echr.globe24h.com|access-date = 2016-02-04|archive-url = https://web.archive.org/web/20160205113307/http://caselaw.echr.globe24h.com/0/0/hungary/2013/11/07/karacsony-and-others-v-hungary-138866-42461-13.shtml|archive-date = 2016-02-05|url-status = dead}}

Types of discipline

= Censure =

{{Main|Censure}}Censure is an expression of strong disapproval or harsh criticism. It can be adopted without formal disciplinary procedures.

= Fine =

{{See also|Fine (penalty)}}A member may be assessed a fine for not following a rule. For example, in a club, if a member is not wearing a name badge, that member may be charged a fine. Fines may be assessed only if authorized in the bylaws of the organization.

= Suspension =

{{See also|Suspension (punishment)|Naming (parliamentary procedure)}}A member may have a right, some rights, or all rights of membership suspended for a period of time. This action may result in a loss of "good standing" within the organization.{{Harvard citation no brackets|Robert|2011|p = 6}}

= Removal from office =

{{See also|Declare the chair vacant|Impeach (motion)|Motion of no confidence}}A member may be removed from office. For example, the president could be temporarily removed from presiding over a meeting using a suspension of the rules.{{Cite web|url = http://www.robertsrules.com/interp_list.html#2006_2|archive-url = https://web.archive.org/web/20060509042833/http://www.robertsrules.com/interp_list.html#2006_2|url-status = dead|archive-date = May 9, 2006|title = 2006-2: SUSPEND THE RULES TO REMOVE PRESIDENT|access-date = 2016-02-04|website = The Official Robert's Rules of Order Web Site|publisher = The Robert's Rules Association}} Procedures to permanently remove members from office vary; some organizations allow removal only for cause, while in others, removal may be done at the pleasure of the membership.{{Cite web|url=http://www.robertsrules.com/faq.html#20 |title=Frequently Asked Questions about RONR (Question 20) |access-date=2016-02-04 |website=The Official Robert's Rules of Order Web Site |publisher=The Robert's Rules Association |url-status=dead |archive-url=https://web.archive.org/web/20041112102258/http://www.robertsrules.com/faq.html |archive-date=2004-11-12 }}

= Expulsion =

A member may be expelled from the organization or assembly. An example is expulsion from the United States Congress.

See also

References

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{{Parliamentary procedure}}

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Category:Parliamentary procedure