Blue Star Mothers of America, Inc

Disciplinary Procedure

It is unfortunate disciplinary actions are ever needed but in an organization of over 10,000 members and associates it is to be expected.  It would be unreasonable to have a city of 10,000 people without any form of law and order on an expectation there would be no need. It is the same to expect our organization to be without flaw.

Disciplinary Actions at any level of the corporation need to follow the procedures in the Governing Documents (“GDs”).  The laws begin with US Law, State Law and our Corporate Law. Our corporate law is in our GDs that consist of our Constitution, Bylaws, Code of Conduct, Leadership Handbook, and Affiliation Agreement.

On this page we will discuss disciplinary procedure and not member behavior - or possible reasons for disciplinary actions.

These notes are based on the GDs that were adopted at the close of convention August 14th, 2010.

It is important to note that while we reference Roberts Rules of Order (RoRR) in our GDs they are intended for parliamentary procedure and are not superior to our corporate GDs.  If an item is addressed in our GDs and conflicts with an item in RoRR the GDs overrule.

The Corporation - Blue Star Mothers of America, Inc., has rights just as every member has rights. One right of the corporation is:

h.) To discipline or expel Members and Associate Members in accordance
with the law and with the procedures outlined in Article XVII[sic] (Disciplinary
Procedure) of the Code of Conduct.

B. Member Discipline.

1. Purpose. To establish a clear and uniform, impartial and equitable policy on how alleged or suspected violations of the behavior code, governing documents, operating rules procedures and all other policies that govern the management, administration, operations and Mission of the Corporation will be handled.

Flagrant insubordination is not a term used randomly.  It has a definition that was voted in at the 67th Convention in Boise Idaho in 2009.

2. Automatic Termination of Membership – Flagrant Insubordination.
Intentional refusal to acknowledge and comply with official
communication from the NEB or Corporation Governing Documents; or
abusive behavior from profane or threatening language to physical violence
toward a member in the presence of other members.

So who has the Authority to take any type of disciplinary action?  Any member, in a position of oversight, has the immediate authority for a temporary dismissal.

a.) Authority.
i.) A Chapter or Department officiator as oversight of an activity has the authority to immediately dismiss a member if the actions and or behavior of the member casts an
unfavorable light on the organization, involves: Verbal or physical abuse, appears to be unlawful or illegal, is willful disregard of the purpose of the established meetings,
activity, event, program or assignment, or if demonstrating willful disregard of our behavior code, Governing Documents, operating rules, procedures, and all other policies.

The Executive board then decides what the next action will be.  The president administers the actions after the board has made their decision.

iii.) Executive Boards will be the first line of authority to discuss final discipline decisions regarding a member’s dismissal from a meeting, event or activity within their respective
Chapters and Departments.  The final decision on any action to be taken resulting from a substantiated violation of the behavior code, Governing Documents, operating rules,
procedures and all other policies of the Corporation rests with the Executive Boards and the decision administered by the President at their respective levels.

What is the disciplinary process or is it instant?

b.) Disciplinary Action Procedure. Corrective Action is progressive
and the following is the order in which steps for members will
normally occur. It should be recognized that one or more of these
steps could be omitted according to the circumstances of each
individual case.

The progressive steps of discipline are Informal Discussion, Written Warning, Disciplinary Probation, Discretionary Suspension, Automatic Suspension, Automatic Termination, and Termination. 

Documentation of everything is extremely important.  The directions for proper documentation are in the Code of Conduct.

Documentation should address previous actions taken, and in many cases a time frame is given.

In the case of a suspension the document would contain the article and section of the bylaws that were violated.  It may or may not contain the actual details of the offense.  If the Executive Board has decided there will be actions available to remove the suspension these will be listed.  A deadline for completing the actions is usually provided.

Once the member receives the suspension she is able to complete the requested actions and her suspension removed.  If the member refuses to complete the actions, or there is a date they are required by and it passes, or if she in any other way disregards the suspension itself, continues to violate the Corporate Law, or fails to comply with official communication, her membership is terminated.

In this situation the member has made the choice to be terminated.

Opportunity was provided for removal of the suspension.  The Executive Board votes to ratify the termination but it is an automatic termination.

Other suspensions might be a certain time frame, similar to probation but while under suspension a member cannot participate in any Blue Star Mothers activities or events.  If there are no further incidents during the suspension the suspension would be removed at the end of the period. 

A suspension might also be a cooling off period and discussions and resolution worked out during the suspension, depending on the circumstances.  The executive board can also make decisions on removing part of a suspension while retaining other parts.

If all efforts at correcting the member behavior fail and there was not an automatic termination, the executive board can then make a decision to terminate the membership.  This is voted on by the board and administered by the president.

At any point in the disciplinary process, if there is insufficient evidence, if it is not an automatic termination, or if the board is undecided, an option as detailed in section 2 of the CoC is to have a trial.  The details of having a trial can be read in the Code of Conduct.