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Nonprofit Law/Discipline at a non-profit club

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Question
Our Club is changing it's Bylaws and we wanted to streamline the Discipline process. Are there specifics we need to follow or can we make it anything we deem necessary? . We are in California if that makes a difference.
Thanks

Answer
I have in my profile that this free forum is only for general questions relating to IRS federal exemption issues of 501(c)(3) organizations. Your issue is controlled by state law and states may differ somewhat with how they would treat such issues. Even though this forum is not for such state law issues, I will direct you.  If the organization is a California Nonprofit then you would want to consult the law.
http://goo.gl/Zm9Z6  starting at section 5002 is the California
Nonprofit Corporation's law and specifically starting at 5110 is
the law for Nonprofit Public Benefit Corporations.
specifically starting at 7110 is the law
for Nonprofit Mutual Benefit Corporations.

Generally, discipline is up to the organization unless it is funded by a governmental entity.

Note that a lot of organizations have made mistakes in their bylaws. You may want to read a critique,"Disorder From Robert's Rules of Order"
http://tinyurl.com/492fzyv which recommends excluding Robert's Rules of Order Chapter XX regarding disciplinary proceedings, if the organization uses Robert's Rules.

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic

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I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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