Can Prez Insist that Badly Behaving Member Leave Meeting?

[Guest Marie Gruis]

Our board is comprised of a few people who (1) are antagonistic towards our Property Manager; (2) engage in dismissive speech, body language, and behavior; (3) constantly start side-bar discussions -- to give just a few examples. The behavior is so provoking it often results in other Board members responding in-kind. Our president has tried repeatedly to get folks to simmer down; and speak to, and treat, each other civilly. Does our president have the right to ask a Board Member to leave whose behavior he / she finds offensive or out-of-line? Does the person then have to leave?

[George Mervosh]

1) Yes

2) No

See RONR, p. 626ff.

[Shmuel Gerber]

1) Yes

2) No

See RONR, p. 626ff.

George, don't you think that it is improper for the president to take the initiative of asking a member to leave the meeting?

[Rob Elsman]

1) Yes

2) No

See RONR, p. 626ff.

George, I think you misunderstood the facts. As I understand it, the offenders are board members in a board meeting, so the president cannot unilaterally inflict a punishment, like ejection. The president can (and should), after suitable warnings, "name" the offender, and the matter is handled as described in RONR (10th ed.), pp. 626-628. A majority vote is needed to eject a guilty member from the board room.

Instead of ejecting the offender, why not, instead, suspend his rights to make motions or speak in debate for the duration of the meeting? This would leave untouched his right to vote, which I think could be exercised without further harm to the meeting if the offender would cease disturbing the good order.

[George Mervosh]

Rob, I didn't think my sound bite answers were so unclear. I never said the President could unilaterally do anything, except maybe ask the rowdy guy to leave the room for a bit to cool off.....which (S.G.), yes, I think is fine in certain circumstances.

[Rob Elsman]

Rob, I didn't think my sound bite answers were so unclear. I never said the President could unilaterally do anything, except maybe ask the rowdy guy to leave the room for a bit to cool off.....which (S.G.), yes, I think is fine in certain circumstances.

Then, let the President leave the room.

[George Mervosh]

Then, let the President leave the room.

Oh, Rob, I referred the guy to p. 626 to see what RONR says, and I stand by my two answers. Have a good night anyway.

[Gary c Tesser]

Then, let the President leave the room.

Good idea, Rob. Gresham's Law applied to behavior.

[J. J.]

George, don't you think that it is improper for the president to take the initiative of asking a member to leave the meeting?

I think that the chair would be within his rights, if the action violated decorum (and if the member was previously warned not to continue, in most circumstances).

[George Mervosh]

As with most things, it's how it's done, and the exact situation at the time.

[Shmuel Gerber]

I think that the chair would be within his rights, if the action violated decorum (and if the member was previously warned not to continue, in most circumstances).

I don't agree. The chair should not "ask" members to do things that he has no power to order them to do, unless it is clear that compliance is on a purely voluntary basis (for example, to send a message to an absent member or to open a window) or it is a meeting-related function or appointment that the member can accept or decline (for example, serving as a teller or as a member of a chair-appointed committee).

RONR is explicit in that the chair cannot remove an offender who is a member without an order from the assembly itself (p. 627, ll. 10-12), so he does not have the right to ask a disorderly member to leave the meeting any more than he has the right to ask any member to refrain from making motions or casting a vote.

[J. J.]

I don't agree. The chair should not "ask" members to do things that he has no power to order them to do, unless it is clear that compliance is on a purely voluntary basis (for example, to send a message to an absent member or to open a window) or it is a meeting-related function or appointment that the member can accept or decline (for example, serving as a teller or as a member of a chair-appointed committee).

RONR is explicit in that the chair cannot remove an offender who is a member without an order from the assembly itself (p. 627, ll. 10-12), so he does not have the right to ask a disorderly member to leave the meeting any more than he has the right to ask any member to refrain from making motions or casting a vote.

I reverse.

I was assuming that this was part of the "naming" process on p. 627 ff., but in rereading the question, it was not.

[Rob Elsman]

George, don't you think that it is improper for the president to take the initiative of asking a member to leave the meeting?

Yes. The president's asking a member whose right to attend meetings is not in suspense on account of a disciplinary action or the operation of some rule in the bylaws to leave the meeting room is inconsistent with the duties of his office to enforce the rules and to protect the legitimate exercise of the rights of each individual member.

[Gary c Tesser]

It occurs to me that in answering the question, we have grievously overlooked the issue.

[Gary c Tesser]

It occurs to me that in answering the question, we have grievously overlooked the issue.

What the presiding officer needs to do is nip the indecorum in the bud. P. 379 - 382, on decorum in the assembly, and p. 625 - 629, disciplinary procedures.