Disciplinary procedure

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.^[1] 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.^[2] 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.^[2] 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.^[3]

A trial is required if the offense occurs outside a meeting and the organization's rules do not describe the disciplinary procedures.^[4] The Standard Code of Parliamentary Procedure (TSC) states that in trials of disciplinary procedures, members should be given due notice and a fair hearing.^[5] 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.^[6]

Nonmembers of the body that is meeting have no rights.^[7] Nonmembers may be removed by the chair acting alone.^[7]

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":^[8] 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.^[9]

Types of discipline

Censure

Censure is an expression of strong disapproval or harsh criticism. It can be adopted without formal disciplinary procedures.^[1]

Fine

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.^[1]

Suspension

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.^[10]

Removal from office

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.^[11] 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.^[12]

Expulsion

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

References

^ ^a ^b ^c Robert, Henry M.; et al. (2011). Robert's Rules of Order Newly Revised (11th ed.). Philadelphia, PA: Da Capo Press. p. 643. ISBN 978-0-306-82020-5.
^ ^a ^b Robert 2011, p. 646
^ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 418
^ Robert 2011, p. 656
^ Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 224
^ Robert 2011, p. 669
^ ^a ^b Robert 2011, p. 648
^ Giampiero Buonomo, Lo scudo di cartone, Rubbettino Editore, 2015, p. 209 , ISBN 978-88-498-4440-5.
^ "KARÁCSONY AND OTHERS v. HUNGARY 42461/13". caselaw.echr.globe24h.com. Archived from the original on 2016-02-05. Retrieved 2016-02-04.
^ Robert 2011, p. 6
^ "2006-2: SUSPEND THE RULES TO REMOVE PRESIDENT". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Retrieved 2016-02-04.^{[permanent dead link‍]}
^ "Frequently Asked Questions about RONR (Question 20)". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Archived from the original on 2004-11-12. Retrieved 2016-02-04.

[:0-1] Robert, Henry M.; et al. (2011). Robert's Rules of Order Newly Revised (11th ed.). Philadelphia, PA: Da Capo Press. p. 643. ISBN 978-0-306-82020-5.

[:1-2] Robert 2011, p. 646

[3] National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 418

[4] Robert 2011, p. 656

[5] Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 224

[6] Robert 2011, p. 669

[:2-7] Robert 2011, p. 648

[8] Giampiero Buonomo, Lo scudo di cartone, Rubbettino Editore, 2015, p. 209 , ISBN 978-88-498-4440-5.

[9] "KARÁCSONY AND OTHERS v. HUNGARY 42461/13". caselaw.echr.globe24h.com. Archived from the original on 2016-02-05. Retrieved 2016-02-04.

[10] Robert 2011, p. 6

[11] "2006-2: SUSPEND THE RULES TO REMOVE PRESIDENT". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Retrieved 2016-02-04.^{[permanent dead link‍]}

[12] "Frequently Asked Questions about RONR (Question 20)". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Archived from the original on 2004-11-12. Retrieved 2016-02-04.

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v t e Parliamentary procedure
Major concepts	History of parliamentary procedure Principles of parliamentary procedure Deliberative assembly Committee Session Quorum Chair Floor Recognition Motion Second Debate Main motion Order of business Minutes Voting methods in deliberative assemblies Majority Unanimous consent
Subsidiary motions	Postpone indefinitely Amend Commit Postpone to a certain time Limit or extend limits of debate Previous question Cloture Lay on the table
Privileged motions	Call for the orders of the day Raise a question of privilege Recess Adjourn Fix the time to which to adjourn
Incidental motions	Point of order Appeal Suspend the rules Objection to the consideration of a question Division of a question Consideration by paragraph or seriatim Division of the assembly Motions relating to methods of voting and the polls Motions relating to nominations Prayer motion Request to be excused from a duty Requests and inquiries (Parliamentary inquiry, Request for information, Request for permission to withdraw or modify a motion, Request to read papers, Request for any other privilege)
Motions that bring a question again before the assembly	Take from the table Rescind, repeal, annul or amend something previously adopted Discharge a committee Reconsider
Legislative procedures	Call of the house Hoist Motion to pass on Recall of Parliament
Disciplinary procedures	Censure Declare the chair vacant Impeach Naming
Parliamentary authorities	Robert's Rules of Order Newly Revised (RONR) The Standard Code of Parliamentary Procedure (TSC or Sturgis) Demeter's Manual of Parliamentary Law and Procedure Riddick's Rules of Procedure Mason's Manual of Legislative Procedure Erskine May: Parliamentary Practice Jefferson's Manual Lex Parliamentaria Odgers' Australian Senate Practice House of Representatives Practice Bourinot's Rules of Order Beauchesne's Parliamentary Rules and Forms Morin code ABC of Chairmanship
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