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Hal9000

Vice President can not vote on discipline pertaining to President

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Greetings,

In our society, our Bylaws refernce RONR for any situation "not covered" by the bylaws.  Ok, that's pretty standard.

We have a serious disciplinary problem, which concerns actions of the society's president.  The actual nature of the offence is not pertinent here....

The governing board suspended the president after an extended "executive session" meeting (a quorum was present as per our bylaws - Per our bylaws, Quorum = 4, and must include either the president or the vice president - , there were 5 board members present, including the vice president)

The vote was "unanimous" to suspend the president for 3 months.

We have a member (who claims to be "well versed" in RONR, who claims that:

"In the event of a disciplinary vote, or any issue involving the president - the vice president can not vote, or be considered as part of the quorum."

When asked to provide a reference, page, etc from RONR, he simply replies "It's in there - I just don't know where..."

This is likely to be brought up, and be an issue at an upcoming meeting.  I would ask the members here - Does anyone know if this rule actually exists?  I was unable to locate any rule that seems similar.

Any clarification would be greatly appreciated!

Thank you in advance!

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The closest thing he may be referring to is that a member who has a personal interest not in common with the other members should not vote but can't be compelled to abstain (RONR p. 407 ll. 21-31).  Since (presumably) the VP would take over the President's duties during the suspension he might have an interest to vote for the suspension (if he wants the power) or vote against it (if he is happy where he is).  That being said the VP has the right to vote even if he does have an interest as opposed to the "rule" the member cited where he would have to abstain and abstention being a voluntary action he would count towards the quorum whether he chose to vote or not.

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Thank you for your insight - I considered that this may be the "Rule in question', and reached the same conclusion,  but as always, I truly appreciate the assistance.

 

Thank you!

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46 minutes ago, Chris Harrison said:

The closest thing he may be referring to is that a member who has a personal interest not in common with the other members should not vote but can't be compelled to abstain (RONR p. 407 ll. 21-31).  Since (presumably) the VP would take over the President's duties during the suspension he might have an interest to vote for the suspension (if he wants the power) or vote against it (if he is happy where he is).  That being said the VP has the right to vote even if he does have an interest as opposed to the "rule" the member cited where he would have to abstain and abstention being a voluntary action he would count towards the quorum whether he chose to vote or not.

Adding to this, the vice president has a right to vote for himself for office (pp. 407-08).  This is similar enough (and a duty of vice president) that the vice president is not in a "should abstain" position.

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What about page 448, lines 3–5

An office carries with it only the rights necessary for executing the duties of the office, and it does not deprive a member of the society of his rights as a member.

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