Guest Rob B Posted February 4, 2013 at 07:19 PM Report Share Posted February 4, 2013 at 07:19 PM Do recusals count toward a quorum? Specifically, if there are nine voting members on a board of directors and five recuse themselves on a specific vote, do the remaining four members constitute a quorum? THANK YOU! Link to comment Share on other sites More sharing options...
David A Foulkes Posted February 4, 2013 at 07:22 PM Report Share Posted February 4, 2013 at 07:22 PM The quorum is the number of members who must be present at a meeting in order to validly conduct business. Whether they vote on a particular question or abstain (due to recusal or other reason) has no effect on whether there is a quorum present. Link to comment Share on other sites More sharing options...
Guest Rob B Posted February 4, 2013 at 07:25 PM Report Share Posted February 4, 2013 at 07:25 PM Thank you for the response! So if five recuse themselves and the remaining four vote 3-1, that motion PASSES, right? Link to comment Share on other sites More sharing options...
Guest Edgar Posted February 4, 2013 at 07:33 PM Report Share Posted February 4, 2013 at 07:33 PM So if five recuse themselves and the remaining four vote 3-1, that motion PASSES, right?Yep (unless it happens to require the vote of a majority of the membership of the board, which would be unusual but not unheard of). Just make sure they don't "recuse" themselves by leaving the room!And, for future reference, it might be best to avoid the use of the word "recuse". It unlikely to be applicable. Link to comment Share on other sites More sharing options...
Guest FPQKDW Posted February 4, 2013 at 07:39 PM Report Share Posted February 4, 2013 at 07:39 PM Thanks so much! Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 4, 2013 at 08:29 PM Report Share Posted February 4, 2013 at 08:29 PM The quorum is the number of members who must be present at a meeting in order to validly conduct business. Whether they vote on a particular question or abstain (due to recusal or other reason) has no effect on whether there is a quorum present.And, for future reference, it might be best to avoid the use of the word "recuse". It unlikely to be applicable.Overall I agree with that. However, I have been a member of an organization where there was applicable law prohibiting a member who had a conflict (self-identified or the body determined there to be a conflict) from voting on the question (I think the bylaws could also impose this prohibition) and I am sure there are others out there. In such as case subject to how "member" and "quorum" are defined by RONR and applicable rules of the organization and applicable laws (in ascending order of precedence) it is possible that someone not being allowed to vote on a question could reasonably be considered to not count towards the quorum. Of course, the chances of this being the case in Rob B.'s situation is probably very unlikely. Link to comment Share on other sites More sharing options...
David A Foulkes Posted February 4, 2013 at 08:39 PM Report Share Posted February 4, 2013 at 08:39 PM Yes, I believe we've had this discussion a time or two before here. It doesn't appear to apply in this situation, but I can see where it may in other cases, and is worth at least giving mention to cover the bases for reference. I was going to define quorum as the number of "voting members" but was concerned that it might suggest it included only those members who did in fact cast votes, which is not how that phrase should be applied of course. Link to comment Share on other sites More sharing options...
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