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Can Board Member Be Asked To Leave


rgeemiller

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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.

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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?

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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......

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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

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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.

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