Rules for Recusal- Can you make a motion and then recuse yourself due to conflict of interest?

[Guest Ronald Jackson]

Rules for Recusal- Can you make a motion and then recuse yourself due to conflict of interest?

[Trina]

The maker of the motion does not have to vote on his/her motion (nor does the motion maker have to speak in debate). Every member has the basic right to abstain from voting.

Do you think of recusal as having some other effect, beyond not voting on the motion?

[Guest Ronald Jackson]

Thank you for your response. My situation was a fellow committee member, who had a direct conflict of interest and could possibly directly benefit from the motion because it rewarded his employer, made a motion then recused himself for the obvious conflict in interest.

I asked the committee chairperson if we (the committee) could accept that motion. I did not get a response. I expressed that I was uncomfortable with the motion and not getting an answers to my procedural question. I felt the need to abstain because of the conflict of interest and lack of response to my procedural question.

There were multiple issues beyond the matter in the motion and affected by the motion. The community has expressed concerns about these issues and possible problems related to this motion and how it affects them.

The motion tied at 4-4 and we were polled again for our votes. I had no idea that it would be a tie, but again, no time was taken to address my concern and the public’s concern with the same issue. I again abstained for the same reason. I was then publicly chastised by the committee chair for not voting because the motion was again a tie at 4-4 with multiple abstentions. I expressed that remained open to discussing the motion and other motions on the matter, but for some reason the vote was rushed.

Later another motion was made that was slightly different, but even more rewarding for the department that stood to benefit. I voted in support for that because it addressed the difficult issues and was clear to the community that the person bringing it had not conflict of interest and considered the community and all aspects in bringing his motion. That motion passed 8-0 with again multiple abstentions from the members who recused themselves.

Is it within my right to abstain from voting under this situation? There was no need for me to recuse myself in this situation. Any other thoughts or feedback on this matter? Thank you.

Thanks again for your response and feedback.

[Chris Harrison]

"Although it is the duty of every member who has an opinion on a question to express it by his vote, he can abstain, since he cannot be compelled to vote." (RONR p. 407 ll. 12-15). Of course your bylaws may impose a duty on a member to vote on each question whether the member has an opinion or not (which I DO NOT recommend).. Also, with the exception of an election a tie vote means that the motion was defeated and no re-vote is proper (with an election you would keep voting until someone is elected).

[Tim Wynn]

I asked the committee chairperson if we (the committee) could accept that motion. I did not get a response. I expressed that I was uncomfortable with the motion and not getting an answers to my procedural question. I felt the need to abstain because of the conflict of interest and lack of response to my procedural question.

It is the duty of the presiding officer to respond to parliamentary inquires when the answer may assist a member in understanding the parliamentary situation. See RONR (11th ed.), p. 293, l. 29 - p. 294, l. 2.

The motion tied at 4-4 and we were polled again for our votes.

A tie vote means the motion is lost. Except that the assembly can order the vote to be retaken by a method other than the ordinary ones (assuming that it did not order the vote to be counted), it is not in order to retake the vote.

I was then publicly chastised by the committee chair for not voting because the motion was again a tie at 4-4 with multiple abstentions. I expressed that remained open to discussing the motion and other motions on the matter, but for some reason the vote was rushed.

The chair has no right to chastise you for exercising your rights. Also, after a motion has been put to a vote, it is too late to "discuss the motion."

Is it within my right to abstain from voting under this situation? There was no need for me to recuse myself in this situation. Any other thoughts or feedback on this matter? Thank you.

Thanks again for your response and feedback.

According to RONR, you are free to abstain, without reason or explanation.