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Voting, who may not vote


Guest Tim Mcgill

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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

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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.)

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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.

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