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Found 31 results

  1. I just went through a planning commission public hearing and the vice chair recused himself. He then was allowed to present the Special Use permit to his own commission for approval. His client was the developer that will construct the 17 acre complex. There was no disclosure of the conflict. The City attorney said that if he is recused he becomes an ordinary citizen and can perform as a project engineer and do the presentation. What are your thoughts on this? I can’t believe it happened!
  2. Is there a rule when a board member does not declare a conflict of interest? Does not vote on motion put forward, post vote states member was not in favour of it passing and now wants roll call vote when there may have been a possible conflict? Does a new vote need to take place even though the original motion was passed and carried?
  3. Can a married couple serve as President & Fire Chief of a volunteer fire department? Would this pose some sort of conflict of interest and is there anything to warrant against it?
  4. I work at a small rural library, run by a Library board, & funded by the city. I am on the "Friends of the Library board" (a separate entity from the "Library Board"). Essentially the Friends group raises funds for & supports some activities of the library. As part of my job description as assistant librarian, I am required to be the Treasurer of the Friends board. Is this not a conflict? Is this even legal? I believe officers are to be elected by the Friends board members, not foisted upon them by the hiring practices of the city & the Library board...? Not to mention, I am not the best person for the job. I am willing to help out, but I believe it is not in our Friends board's best interest for me to be in that office. Not to mention, I am uncomfortable with what appears to be a serious conflict of interest. Please bear with me as I am new to RR. Thanks!
  5. Guest

    abstaining from a vote

    On page 407 in the 11th edition under abstaining from voting, line 23, 24, the phrase "direct personal or pecuniary interest not common to other members" (italics mine), what is the intent of the "not common" phrase? This is the scenario: a number of board members were present at an event at the club where poor decision making caused a possible unsafe moment. No rules were broken, no injuries or property damage occurred but this group is not liked Even though the infraction seems minor, the BOD is entertaining suspension and expulsion as discipline. It appears power shift is what is truly on their mind. They are not allowing any of them to participate in discussion or voting, citing conflict of interest. My feeling is that because the issue is common to other members, the entire BOD should be discussing the possible discipline. Can you offer guidance?
  6. I understand you can vote for yourself if you are running for an election. If you are running for election and your spouse is on the board, are they allowed to vote or should they recuse themselves due to a perceived conflict of interest.
  7. Our religious organization is merging with another religious organization. Our By-Laws allow for members in good standing to attend and have a voice at meetings, both congregational and Board of Trustees. Two of our members, one of which is a Past President (Permanent Board of Trustees position) are now starting a new religious organization. This creates a conflict of interest going forward. The question is....can the Past President continue to vote on matters concerning the merging religious organization going forward? And does RONR address this issue? Thank you for your comments and insights.
  8. Guest

    nomination of officers

    If a paid member organization wants to be elected to a committee that funds said organization, it that a conflict. Ex: marching band instructor wants to hold a position on a parent organization that help to fund band, is that a conflict.
  9. I couldn't find this in another forum discussion so here is my question: 1. During a meeting, various voting members declare a conflict and do not participate in the debate or vote of a particular issue. 2. At a subsequent meeting (where procedures require approval of prior meeting minutes), the conflict is noted in the prior meeting minutes. 3. Is it proper when approving the prior meeting minutes, for the voting members who declared conflicts that are recorded in the prior meeting minutes to vote on approval of those minutes? Thank you for your comments and suggestions.
  10. One of the Directors has a spouse employed by the management company that has been voted for termination. Can the Directors be forced to recuse herself from voting on issues that have a direct monetary impact on her? If the management company leave then the spouse may no longer be employed - financial impact.
  11. I am working on writing a Conflict of Interest policy for our non-profit. But I have a quick question I cannot find an answer for. If there is a possible conflict of interest among one of three board members and a vote is called, how would a possible tie be handled? (One board member is the person with the possible conflict, one member for for and another against, thus resulting in a tie.) Any help would be appreciated.
  12. Dear RONR Forum: We have a terrible situation. We have an appointed Board member that has shown interest in becoming president of our 501©3 next year. The issue is that he is already the president of a competing organization that does exactly the same thing. While as a minor Board member this conflict has been manageable, his recent intention to run for the presidency would be untenable. There are already signs that even in the current appointed Board position things are not smooth. We do not have a conflict of interest Bylaw in place yet, this will be brought up as well but can;'t be changed this year. Here is the question: How can the current Board stop his nomination for President due to this conflict of interest? We have a 15 member Board; someone is likely to second his nomination so we can't rely on a silent second to allow his nomination to stall. We need to have proper parliamentary procedure and wording to use and recite to cause the nomination to not be accepted. Do any of you have any suggestions? This is a large non-profit and this could have serious consequences if this member is allowed to ascend. By the way this person is a past president but has since started his competing venture after leaving office.
  13. Guest

    Conflict of Interest

    I am currently a board member for a non-profit agency. We will be voting soon on whether or not to approve a particular project. If the project is approved, the executive director would like to hire my husband to manage the project. Should I be voting on this, as the vote is based on project approval, not who would be working on the project?
  14. There's much debate over this issue in our town related to a school facility issue. We have a situation facing the school board to fund repairs to a debilitated building. The SB hired a consultant to determine bids for the various aspects of the project and to come up with an overall estimate to determine whether it was worth making the investments or not. A taxpayer who was also a bidder on the project showed up at the meeting to present his bid. Difficult situation as the bidding process was not closed but his tax payer rights would have been violated. One of the board members commented that we was going to recuse himself from the meeting while the presentation was made due to the fact that is was circumventing the RFP process for this project. There was NO conflict of interest in the case so likely a misuse of the word excuse. The member continued to part of the discussion for another 10 minutes until the taxpayer took the stand to do this presentation then commented, "I'm going to step away until this is done." After the presentation was complete the member returned to the meeting immediately and continued with the discussion. In the end, said member made the motion to not make the investments which seconded and passed by the Board. Understand the rules as far as conflict of interest go but what do RONR say in this case? Is this simply a misuse of the word recuse? It is within this members rights to take part in parts of the discussion? Is it right for them to make the motion and also vote?
  15. Under Robert's Rules, is there such thing as a recusal in the case of a conflict of interest? If an individual in the voting assembly has a conflict of interest, would the individual be required to leave the room prior to discussion (or will he/she be allowed to participate in discussion so long as the conflict is announced)? If so, would the individual be removed from the quorum? If not, what would be the proper procedure to address a conflict of interest? Will the individual recuse or abstain?
  16. During a Board meeting where several members are in conflict, it was brought up that if a conflicted member speaks on the motion it opens the meeting to public participation during the discussion. To further complicate the situation - the motion was a motion to table the original motion. 2 questions - is that conflicted member allowed to speak on the motion and is it true that if he/she does speak it opens the discussion to the public participants. Thank you for any assistance.
  17. Guest

    Conflict of Interest

    A Director on the BOD-A also sits on another Board as a Director and the BOD-A is looking to approve their budget. This Director makes a motion to change the budget to add dollars to be directed to the other Board which he sits on, is this allowed?
  18. Vp is wife of one of the Board of governors and there is a position available for another person as a Board of Governors and the VP wants her son on the Board. That would be a husband, wife and son. Is there anything in your rules that we can use to stop her from taking over the Board? Please, Please help us. Thank you in advance. My email is neuggie2@aol.com We need an answer ASAP
  19. Guest

    BOD Authority

    We have a question relative to the authority of the BOD of a Club. Our Constitution/Bylaws states; “The Club will use Roberts Rules for Parliamentary Procedure in all meetings.” It Further States; A member can be terminated by a vote of a majority of the members at a duly held or specially called membership meeting, but only upon proof of misconduct or malfeasance or any action on his part considered detrimental to the welfare of this Corporation and its purposes. Such member shall be first entitled to a hearing before three or more officers of the club and may produce such witnesses as he may desire and may be represented by an attorney. “The Board of Directors shall have general charge of and management of the affairs, funds, and property of the Corporation. They shall have full power, and it shall be their duty to carry out the purposes of the Corporation according to its Constitution and By-laws; to determine whether the conduct of any member is detrimental to the welfare of the Corporation, and to fix the penalty for such misconduct or any violation of the By-laws or Rules.” History A club member was terminated from the club a few years back for disciplinary reasons. The termination was voted on by the membership, and passed unanimously. Since that time a number of the BOD’s have become good friends with this individual, outside of the club. At our monthly membership meeting, the BOD told the membership that they have agreed to let the terminated member back into the club. They further told the membership that they had the authority to do this without a membership vote. This recommendation was challenged and a motion was made (and seconded) to have a vote by the membership determine if this individual should be allowed back into the club. The vote was allowed by the BOD. The vote was taken by the membership and the outcome was 29 to 3 to NOT let this individual back into the club. At the following membership meeting, the membership was told that the previous vote was illegal and that the BOD had the right allow the individual back into the club without a vote by the membership. The individual has since been brought into the club by members of the BOD. Our question is this; Does the BOD have the authority to bring this individual back into the club without a vote by the membership? Our understanding of Roberts Rules, are that if the BOD want’s this individual back into the club, they can make that recommendation to the membership, but that this MUST be voted on and approved by the membership, before this individual can be allowed back into the club. What would be the official interpretation of Roberts Rules on this? Thank You, Wilboor
  20. We just had an election for the B O D. The counting was done by an outside organization. The President of the board staid in control of the election process even when she was also up for election. The vote came in as a tie with the results going to only the president and the office. The counted mail in ballots were sent to an address given to the counters only. I was an observer and VP of the Board and don't know the address. Many of us think this is a conflict of interest. What say you?
  21. The president of our organization has asked me to join a special committee to investigate a contentious issue. My concern is that the organization's executive director has also been asked to join even though it is likely his position willl be effected if the committee's recommendations are implemented. Also, the circumstances culmniating in the creation of the special committee have polarized employees within organization as well as its members. This potential conflict would suggest that employees be excluded from direct participation.
  22. Hello; My wife and I are on the board of directors for a non profit community theater. we decided to put together a proposal to present to the board about putting on a show in the fall. I as the director, and my wife as the choreographer. In the proposal, we also had a projected budget as well as a preliminary list of folks that were interested in other production positions. One of those folks is also on the board and had expressed initial interest in being our costumer. This person was sick and could not physically be at this meeting. All of the above mentioned production positions are paid positions. There was discussion and a vote. My wife and I were not allowed to vote and had to leave the room while voting took place. The vote went to a 4 to 4 tie. When it was suggested by a board member that the missing member could be contacted via text or call to break this tie, it was quickly squashed and the motion tabled until the next months board meeting. My questions are as follows...According to Roberts Rules... 1. Should my wife and I be told to leave the room during the vote or excluded from the vote due to a conflict of interest? 2. Should the missing board member been able to vote via text or phone call? 3. Does a tie mean that the answer to the proposal should have been no and could not be tabled? 4. Does the missing member being interested in a paying production staff position automatically exempt her from voting if the motion was lawfully tabled until the next meeting? (She will be at the next board meeting) Thank you!
  23. Hello; My wife and I are on the board of directors for a non profit community theater. we decided to put together a proposal to present to the board about putting on a show in the fall. I as the director, and my wife as the choreographer. In the proposal, we also had a projected budget as well as a preliminary list of folks that were interested in other production positions. One of those folks is also on the board and had expressed initial interest in being our costumer. This person was sick and could not physically be at this meeting. All of the above mentioned production positions are paid positions. There was discussion and a vote. My wife and I were not allowed to vote and had to leave the room while voting took place. The vote went to a 4 to 4 tie. When it was suggested by a board member that the missing member could be contacted via text or call to break this tie, it was quickly squashed and the motion tabled until the next months board meeting. My questions are as follows...According to Roberts Rules... 1. Should my wife and I be told to leave the room during the vote or excluded from the vote due to a conflict of interest? 2. Should the missing board member been able to vote via text or phone call? 3. Does a tie mean that the answer to the proposal should have been no and could not be tabled? 4. Does the missing member being interested in a paying production staff position automatically exempt her from voting if the motion was lawfully tabled until the next meeting? (She will be at the next board meeting) Thank you!
  24. Guest

    Correct Minutes

    What is the approprate verbage to record in the minutes when the chair has to temporarily leave the meeting due to a conflict in interest and turns the meeting over to a stand-in?
  25. Our club have no "Conflict of Interest" in our By Law or PPM or Guidelines. Our 4 Board of Directors are involved in other organization that we are partner with to set up a big event in two weeks. The event committees asked us to loan $1,100 for musical rental. Our orgnization doesn't have enough money in account but we can try and come up. So, President asked all Board of Directors to vote whether we should help them with the money we have or declined. Our 4 board of directors voted approved. I disagreed because they are involved in other organization and won't help with money too. I believe that they should be absentee from being involved in the vote. Am I wrong or right? I could not find right RROR stated anything related or similar to it. Please advise ... Thank you for your time. LD
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