rgeemiller Posted June 7, 2012 at 01:53 PM Report Share Posted June 7, 2012 at 01:53 PM Our group is having a board meeting today. We plan on taking a vote to remove a board member for unacceptable actions. Two questions:1. Can we ask the board member to leave the meeting?2. If he stays, should he be allowed to vote?I am going to suggest that we conduct a secret ballot. The board member knows that his removal is on the agenda. Link to comment Share on other sites More sharing options...
Tim Wynn Posted June 7, 2012 at 02:11 PM Report Share Posted June 7, 2012 at 02:11 PM Our group is having a board meeting today. We plan on taking a vote to remove a board member for unacceptable actions. Two questions:1. Can we ask the board member to leave the meeting?2. If he stays, should he be allowed to vote?I am going to suggest that we conduct a secret ballot. The board member knows that his removal is on the agenda.Do your bylaws give the board the authority to remove one of its members? Link to comment Share on other sites More sharing options...
David A Foulkes Posted June 7, 2012 at 03:17 PM Report Share Posted June 7, 2012 at 03:17 PM Our group is having a board meeting today. We plan on taking a vote to remove a board member for unacceptable actions. Two questions:1. Can we ask the board member to leave the meeting?2. If he stays, should he be allowed to vote?I am going to suggest that we conduct a secret ballot. The board member knows that his removal is on the agenda.Pending your response to Mr. Wynn's question, I think it's fair to say the answer to #1 is yes. Of course, he is free to say no. He can ask you to leave, too. Whether you do is up to you.The answer to #2 is (probably) yes, given that nothing you've provided so far (and I expect the facts will soon trickle out) indicates his right to vote has been curtailed in any way. Should he vote? Probably not, as a person with a personal or pecuniary interest not in common with other members should refrain from voting, but cannot be compelled to do so. (RONR 11th ed., p. 407 ll. 21-31)Now, about that crucial question by Mr. Wynn...... Link to comment Share on other sites More sharing options...
Guest Guest Posted June 7, 2012 at 05:04 PM Report Share Posted June 7, 2012 at 05:04 PM While it's not clear if it this will be a trial or not, would he not have to leave the room prior to the vote being taken regardless or are his membership rights always intact? Link to comment Share on other sites More sharing options...
jstackpo Posted June 7, 2012 at 05:20 PM Report Share Posted June 7, 2012 at 05:20 PM From what you say, he stays.I sure hope you "clear up" what you are setting out to do.... "here there be monsters" unless you go by the book - or your bylaws. Link to comment Share on other sites More sharing options...
Tim Wynn Posted June 8, 2012 at 11:48 PM Report Share Posted June 8, 2012 at 11:48 PM While it's not clear if it this will be a trial or not, would he not have to leave the room prior to the vote being taken regardless or are his membership rights always intact?If this is a matter of adoption a motion to remove an officer from office, the member retains his rights. See RONR (11th ed.), p. 653, ll. 27-34.If this is a trial..."A resolution preferring charges may (although it need not) be accompanied by one suspending all or some specified portion of the accused's authority, rights, and duties as an officer or rights as a member (except those that relate to the trial) pending disposition of the case, effective from the time official notification of the resolution is delivered to the accused's address." - RONR (11th ed.), p. 662, ll. 25-31 Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 11, 2012 at 04:09 PM Report Share Posted June 11, 2012 at 04:09 PM While it's not clear if it this will be a trial or not, would he not have to leave the room prior to the vote being taken regardless or are his membership rights always intact?Generally, all membership rights are intact unless and until they have been correctly taken away. Since you're apparently not using the Chapter 20 rules, you'll need to look to your own bylaws and follow whatever your procedure is there, which supersedes RONR. Link to comment Share on other sites More sharing options...
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