Guest ralph Posted June 30, 2011 at 12:59 AM Report Share Posted June 30, 2011 at 12:59 AM One member of a nine member board is declaring the Board illegal and is proceeding with a law suit. Can he be barred from meetings because he is hostile to the Board and any discussions by the Board on matters in dispute will be used against the Board in the law suit? Business will be stifled and members cannot speak freely with him in attendance. Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 30, 2011 at 01:12 AM Report Share Posted June 30, 2011 at 01:12 AM One member of a nine member board is declaring the Board illegal and is proceeding with a law suit. Can he be barred from meetings because he is hostile to the Board and any discussions by the Board on matters in dispute will be used against the Board in the law suit? Business will be stifled and members cannot speak freely with him in attendance.If he is a Board member he has a right to attend Board meetings. I suppose you could ask him to not attend the meetings (I would be surprised if he agreed) or you could try to remove him from the Board (see FAQ #20 for details). However, since he is already suing the Board I would be wary of taking any actions that might add ammo to his case. Link to comment Share on other sites More sharing options...
JohnR Posted June 30, 2011 at 02:17 AM Report Share Posted June 30, 2011 at 02:17 AM If the board has the power to amend the bylaws, which is sometimes the case (check your bylaws), then it could change them to provide that members who are adversaries in litigation are suspended from board membership. Otherwise your naysayer must be allowed to attend the meetings. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 30, 2011 at 02:50 AM Report Share Posted June 30, 2011 at 02:50 AM One member of a nine member board is declaring the Board illegal and is proceeding with a law suit. Can he be barred from meetings because he is hostile to the Board and any discussions by the Board on matters in dispute will be used against the Board in the law suit? Business will be stifled and members cannot speak freely with him in attendance. Seconding the recommendation to read FAQ #20, I think it is perfectly reasonable that being a party to legal action against the Board should disqualify one from serving on the Board. In fact, in my state this is a legal barrier from serving on a public body, as is being a party to a contract with that public body.But in a private society, unless he bylaws specify detailed qualifications (and disqualifications), your assembly will decide what is and is not cause for removal from office. You have a certain amount of latitude. If your society decides that having someone who is suing you sit in on (and even vote on) deliberations of the defendant Board is a good reason for removal from office, I don't know who would blame you.You'll really need to study FAQ #20, and Chapter XX (coincidentally also 20) in RONR and get a good understanding of the process. Have your bylaws handy because any discipline procedures in the bylaws supersedes RONR. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 30, 2011 at 05:35 AM Report Share Posted June 30, 2011 at 05:35 AM [snip ]I will sleep easier being reassured that XX is coincidentally 20. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 30, 2011 at 05:53 AM Report Share Posted June 30, 2011 at 05:53 AM I will sleep easier being reassured that XX is coincidentally 20.The coincidence was not between XX and 20, but between FAQ 20 and Chapter 20. Link to comment Share on other sites More sharing options...
Rev Ed Posted June 30, 2011 at 05:42 PM Report Share Posted June 30, 2011 at 05:42 PM I would add some caution: the other members may wish, as individuals, to consult a lawyer in dealing with the removal of this Board member prior to any attempt. Depending on the nature of the lawsuit, it could hurt the Board more at trial if they try to remove the member than if they left him on the Board. In any case, it might look politically motivated, and not a sound decision - so whatever the Board decides, I strong recommend caution. Link to comment Share on other sites More sharing options...
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