Committee Member Conflict of Interest

[Guest Judy]

1. Can a potential conflict of interest involve any issues not related to monetary gain?

2. If an advisory committee member has a potential conflict of interest (non-monetary) in actions the committee may decide to take, can that committee member be asked to leave the committee meeting for the period of discussion related to that particular subject? Can the committee member be asked not to vote on that one particular topic?

Thank you in advance for your assistance.

[Chris Harrison]

1) Sure

2) Sure. However, the member is free to refuse either or both requests.

[Rob Elsman]

1. For purposes of applying the rule in RONR (10th ed.), p. 394, ll. 15-25, it is not required that the personal interest involved be in the nature of pecuniary gain.

2. The committee member has the basic right to attend meetings. I advise against asking a member to leave the meeting room, but, if it is done, the member can simply say no. Similarly, the committee member has the basic right to vote and cannot be compelled to abstain. Again, I advise against asking a member to abstain from voting, but, if it is done, the member can simply say no.

[Trina]

...I advise against asking a member to abstain from voting, but, if it is done, the member can simply say no.

Is the member under any obligation to respond at all to such a request?

Suppose a point of information is raised, which basically asks member X whether he will abstain from voting (the questioner might well include his/her own opinion that member X shouldn't vote on an upcoming motion).

Does member X have any obligation to answer?

I wouldn't think any member (whether or not he holds a unique personal interest) could be required to state ahead of time if he intends to participate in a vote.

[Josh Martin]

Is the member under any obligation to respond at all to such a request?

No.

Does member X have any obligation to answer?

No.

[Rob Elsman]

Is the member under any obligation to respond at all to such a request?

Suppose a point of information is raised, which basically asks member X whether he will abstain from voting (the questioner might well include his/her own opinion that member X shouldn't vote on an upcoming motion).

Does member X have any obligation to answer?

I wouldn't think any member (whether or not he holds a unique personal interest) could be required to state ahead of time if he intends to participate in a vote.

Requests and questions like this should never be raised in the first place--it's just plain rude. And, of coarse, the member has no obligation to make any answer whatsoever if he does not wish to do so.