dominicsf Posted September 8, 2011 at 08:53 PM Report Share Posted September 8, 2011 at 08:53 PM A member of our Board has a conflict of interest concerning a particular issue. I know he should not vote, but cannot be compelled to refrain from voting. However, can he (1) make (or second) a motion pertaining to the issue; (2) be present for discussion on the motion; and (3) be present for any discussion pertaining to the issue – even if the discussion isn’t related to any pending motion?I'm concerned that his presence will alter the discussion as some board members don't want this conflicted board member to know their position on the issue. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 8, 2011 at 09:49 PM Report Share Posted September 8, 2011 at 09:49 PM A member of our Board has a conflict of interest concerning a particular issue. I know he should not vote, but cannot be compelled to refrain from voting. However, can he (1) make (or second) a motion pertaining to the issue; (2) be present for discussion on the motion; and (3) be present for any discussion pertaining to the issue – even if the discussion isn’t related to any pending motion?I'm concerned that his presence will alter the discussion as some board members don't want this conflicted board member to know their position on the issue.Yes, yes, and yes. By majority vote, the vote on the issue can be ordered to be taken by ballot, but no member can be prevented from attending. Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 8, 2011 at 09:49 PM Report Share Posted September 8, 2011 at 09:49 PM A member of our Board has a conflict of interest concerning a particular issue. I know he should not vote, but cannot be compelled to refrain from voting. However, can he (1) make (or second) a motion pertaining to the issue; (2) be present for discussion on the motion; and (3) be present for any discussion pertaining to the issue – even if the discussion isn’t related to any pending motion?I'm concerned that his presence will alter the discussion as some board members don't want this conflicted board member to know their position on the issue.RONR p. 625 says:[a]ll members have the right to attend except in cases where the bylaws provide for the automatic suspension of members who fall in arrears in payment of their dues, or where the society has, by vote and as a penalty imposed for a specific offense, forbidden attendance.So absent some rule in the bylaws the answer to all 3 of your questions is yes. Link to comment Share on other sites More sharing options...
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