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Executive Session


Guest Dan Sutherland

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If a member of a committee has to recuse himself from an executive session because he has a conflict of interest with the subject being discussed, does he have to: 1)leave the room, 2)remain in the room but take no part in the discussion and if he remains in the room must that fact be recognized in the regular meeting minutes?

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To clarify slightly, the post asks what happens when a member "has to recuse himself." FAQ#9 really doesn't answer that question. We know--and FAQ#9 confirms--the decision about declining to participate in a decision rests with the member unless an applicable superior rule superscedes RONR.

However, suppose either the superior applicable rule exists or the member decides to recuse himself. He may leave the room or he may remain in the room and take no part in the decision. He may (or may not) request that his decision be recorded in the minutes (majority vote or unanimous consent required).

If he leaves the room, that could make the meeting inquorate and, therefore unable to complete the business.

-Bob

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