Expelled years ago would like to rejoin

[ESmith]

The suspension was for the period of one year and elapsed in 2017.

The rules at the time were pretty unambiguous:

4. Don’t merely respect each other; be excellent to each other.

[…]

• Tools/resources must stay on the premises so that other members may use them.[3]

[…]

[3] Removing tools/resources from the space without authorization from an Officer or member of the Board of Directors is theft.

You failed to secure authorization from a Director or Officer so you were in violation of the code of conduct and that was that regardless of how it’s parsed.

Adding insult to injury from the organization’s perspective, we had to file a police report, we replaced the tools, and it took weeks for the tools to be returned.

However, that was in 2016, it’s now 2020, and we should let bygones be bygones. You may rejoin, but be aware that the organization’s view on violations of the code of conduct was markedly kinder and gentler in 2016 than it is now.

[Scott_Blevins]

Is DMS actually beholden to accept members (particularly members with a history of issues, for whatever reason)?

I don’t see this as a “I served my time and am ready to return” scenario. This seems more like “I was punished. I elected not to return for some number of years, letting my membership elapse, and now want to return (presumably at the $60 rate).”

With those presumptions in place, is DMS bound in any way to granting membership?

Procedural question moreso than weighing in on this particular case.

[Bernard_Gray]

I don’t see this as a “I served my time and am ready to return” scenario. This seems more like “I was punished. I elected not to return for some number of years, letting my membership elapse, and now want to return

If this was not intended to be the case, the sanction should have carried an indefinite timeframe, IMO. By defining a term of suspension, there is a de facto expectation that once the timeframe has lapsed, the sanction has ended.

(presumably at the $60 rate).”

This is an assumption. I would expect that rejoining would be at the prevailing public rate.

[Scott_Blevins]

If this was not intended to be the case, the sanction should have carried an indefinite timeframe, IMO. By defining a term of suspension, there is a de facto expectation that once the timeframe has lapsed, the sanction has ended.

I see your above presumption as being based on a ‘current’ member. Once a membership lapses, all bets are off, right?

[Bernard_Gray]

Once a membership lapses, all bets are off, right?

Is the expectation that the suspended member continues to pay membership fees for x (12, in this case) months while unable to utilize the facility? I made my own assumption that a suspended member would likely discontinue membership payment if the suspension period is longer than maybe a couple months…

[brentwill]

Once a membership lapses, all bets are off, right?

On what basis would DMS deny membership to anyone, former member or otherwise? Clearly indefinite expulsion (not the case here.) But there are no background checks, credit checks, genetic testing or any other standards. The bylaws are clear, but somewhat open-ended (https://dallasmakerspace.org/wiki/Bylaws#Section_4.2_Eligibility_of_Membership). So why should DMS not honor a request for membership?

As for the rate, I think the Rules (https://dallasmakerspace.org/wiki/Rules_and_Policies#Membership_Dues) address that. Prevailing current rate is applicable.

[brentwill]

Is the expectation that the suspended member continues to pay membership fees for x (12, in this case) months while unable to utilize the facility?

My reading of the bylaws says that a suspended or expelled member is no longer eligible for membership during that period. Therefore, dues would/should not be collected. And the rules then stipulate that a 14 day lapse would force a newly reinstated member to rejoin at the current rates.

But this scenario is one that could stand some clarification in the bylaws/rules.

[ESmith]

With those presumptions in place, is DMS bound in any way to granting membership?

Procedural question moreso than weighing in on this particular case.

For lack of an affirmative approval process built into the bylaws or standing rules, the only hurdles to clear are payment and completing the (automated) application process. A member that’s been expelled won’t be accepted but once that period has elapsed it has no bearing on the future.

If this was not intended to be the case, the sanction should have carried an indefinite timeframe, IMO. By defining a term of suspension, there is a de facto expectation that once the timeframe has lapsed, the sanction has ended.

Here’s the resolution:

 - MOTION: "Philllip Hardwick is expelled from Dallas Makerspace for 12 months 
 starting 8/28/2016"
 - PROPOSED: Erik Smith
 - SECONDED: Luke Olson
 - Passed via unanimous consent

Expired 2017-08-28, done and dusted.

Is the expectation that the suspended member continues to pay membership fees for x (12, in this case) months while unable to utilize the facility? I made my own assumption that a suspended member would likely discontinue membership payment if the suspension period is longer than maybe a couple months…

My reading of the bylaws says that a suspended or expelled member is no longer eligible for membership during that period. Therefore, dues would/should not be collected. And the rules then stipulate that a 14 day lapse would force a newly reinstated member to rejoin at the current rates.

I believe that it’s possible to maintain dues payments while losing access to the premises. This would keep the billing account active while conferring no other benefits of membership save for maintaining the ongoing membership rate. It’s a heck of a premium to pay to maintain a discount - one would have to plan on being a member for a d_mned long time after one’s expulsion ends to profit from such a course of action.

[ESmith]

@Team_Moderators Please close this thread. The OP’s question has been answered, the tangential procedurals have been nailed down, and most everything else is off topic.