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What if an Aerie member wants to resign membership instead of going to trial for theft?

Example: What if a member in New York got caught stealing money from the Aerie and wanted to just turn in his membership card and forget it.

In this specific example the goal was to avoid any negative press in the community, avoid trial cost and to be sure his resignation was official.

1.)  Go ahead with the official complaint.  Remember if the trustees file, there’s no charge. 

 2.)  At the mediation the accused states he'd like to resign his membership. In order to do that, the compliant would be dropped and everything would be documented on the Mediation Settlement Form (attached).  This would avoid the trial cost, negative press and assure the resignation of the Aerie member.

 3.)  We then would stop and withdraw the complaint to make his resignation official at the next Aerie meeting. Since section 75.1 is very clear that you can’t have any charges against them when a member resigns.  Any member of an Aerie who is in good standing, and against whom no charges are pending, may, without the payment of any fee, resign his membership in the Order, and his membership in the Order shall forthwith cease upon presentation of such resignation to any regular meeting of the Aerie without the formality of acceptance by the Aerie. 

Remember, it’s YOUR call to go all the way to the trial or to settle.

TRIAL PROCEDURE

                                               Section 63.1.  Any member in good standing in an Aerie or Auxiliary may file charges against any other member of the Aerie or Auxiliary for an offense committed against the Law of the Order. Charges shall be instituted by the filing of a written Complaint with the Wor­thy President and the Trial Committee Chairman of the Aerie to which the Ac­cused is a member. Resignation of a member does not prevent the filing to charges against said member where the offense occurred during the period he/she was a member

RESIGNATIONS

            Section 75.1.  Any member of an Aerie who is in good standing, and against whom no charges are pending, may, without the payment of any fee, resign his membership in the Order, and his membership in the Order shall forthwith cease upon presentation of such resignation to any regular meeting of the Aerie without the formality of acceptance by the Aerie. 

Where a member of the Aerie or Auxiliary tears up a receipt, this is not a resignation. (Opinion No.637)

Should the Accuser(s) wish to drop charges he or she filed, a written request should be filed with the Trial Committee request­ing that the charges be dismissed. This can be done only prior to adjudication. Once the Trial Committee has made its decision, the charges can no longer be dropped or dismissed as it has become the policy of the Aerie that the charges were necessary. (Opinion No.585)

The fact that the Board of Trustees disciplined a member for violation of house rules does not bar or foreclose the right of any member to file charges against the member so disciplined for con­duct unbecoming an Eagle, notwithstanding that such conduct may also have violated a house rule. (Section 89.3) (Opinion No.158)

1. In the absence of the actual filing of charges of the commission of an offense, as defined by Section 63.2, and the pendency of such charges, a member under investigation may resign from the Order. (O.C. 1)(1955)