Guest Tim Mcgill Posted April 13, 2011 at 09:03 PM Report Share Posted April 13, 2011 at 09:03 PM We have a board of governors at a home owners association.We had an incident where one member who is not a governor was arrested for allegedly pointing a hand gun at one of our governors and yelling threats.This member has had numerous arrest and restraining orders against this governor and another governor. Our attorney has recommended we suspend their membership for one year to help avoid any liability. We are going to vote on this issue and my question is this, can the two governors who have been listed on the police incident report vote to suspend this person’s membership? Or are they not allowed to vote due to their involvement with this member?Please help, thank you Link to comment Share on other sites More sharing options...
jstackpo Posted April 13, 2011 at 09:07 PM Report Share Posted April 13, 2011 at 09:07 PM The rule is a simple as it can be: members vote, unless the bylaws spell out situations or conditions to the contrary. Link to comment Share on other sites More sharing options...
tctheatc Posted April 13, 2011 at 09:11 PM Report Share Posted April 13, 2011 at 09:11 PM We have a board of governors at a home owners association.We had an incident where one member who is not a governor was arrested for allegedly pointing a hand gun at one of our governors and yelling threats.talk about superfluous... Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted April 13, 2011 at 09:14 PM Report Share Posted April 13, 2011 at 09:14 PM Can the two governors who have been listed on the police incident report vote to suspend this person’s membership?Yes they can vote, because there is no rule in Robert's Rules which would prevent a member whose name appears on a police report to be compelled to abstain on a motion to suspend/expel another member.Or are they not allowed to vote due to their involvement with this member?The other way around -- your two governors are NOT the people being targeted by the motion to suspend/expel. So they have no conflict, as far as the concept is defined in Robert's Rules of Order.There is no "personal or pecuniary interest not common to other members of the organization." (See page 394 in RONR 10th ed.) Link to comment Share on other sites More sharing options...
Josh Martin Posted April 14, 2011 at 01:24 AM Report Share Posted April 14, 2011 at 01:24 AM We are going to vote on this issue and my question is this, can the two governors who have been listed on the police incident report vote to suspend this person’s membership? Or are they not allowed to vote due to their involvement with this member?The members may vote on the issue, but who is "we?" Is "we" the board or the general membership? Keep in mind that disciplinary authority rests with the general membership unless the Bylaws state otherwise.Yes they can vote, because there is no rule in Robert's Rules which would prevent a member whose name appears on a police report to be compelled to abstain on a motion to suspend/expel another member.The other way around -- your two governors are NOT the people being targeted by the motion to suspend/expel. So they have no conflict, as far as the concept is defined in Robert's Rules of Order.There is no "personal or pecuniary interest not common to other members of the organization." (See page 394 in RONR 10th ed.)Well, an individual being targeted by a motion to suspend/expel is not necessarily the only person who might have a personal or pecuniary interest not in common with other members on such a motion, but I agree that being listed in a police report, in and of itself, does not constitute such an interest. Link to comment Share on other sites More sharing options...
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