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board meeting without presence of ex-officio member


Guest Guest Alan

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Is it permissable for a board to meet without the presence of an ex-officio member to discuss a conflict between the ex-officio member and a general member of the organization? The ex-officio member is also an employee of the organization.

Pending answers to the questions posed by Chris above, I'd note there is nothing that prevents a properly noticed meeting from being held without full attendance of the membership, whether board or general member meeting. If the member's absence caused the meeting to fail to attain a quorum, there are a limited number of actions that can be taken, but otherwise it's business as usual.

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Is this person an ex officio member of the Board? If so, is this person intentionally being excluded from the Board meeting (not being notified of the meeting or not being permitted to attend) or is he choosing not to attend?

Chris, let me respond to your question you asked. The general member is not a member of the board. Since the conflict involves the ex-officio member, the intent would be to exclude the ex-officio member either by not being notified or not being permitted to attend, but the rest of the board would be in attendance. Thus, my question on whether this is a permissable action. The intent is to bring the rest of the board up to date on the conflict.

Alan

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. . . the intent would be to exclude the ex-officio member either by not being notified or not being permitted to attend, but the rest of the board would be in attendance. Thus, my question on whether this is a permissible action.

It's not. All board members have a right to be notified of all board meetings and have a right to attend all board meetings.

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Chris, let me respond to your question you asked. The general member is not a member of the board. Since the conflict involves the ex-officio member, the intent would be to exclude the ex-officio member either by not being notified or not being permitted to attend, but the rest of the board would be in attendance. Thus, my question on whether this is a permissable action. The intent is to bring the rest of the board up to date on the conflict.

It is not permissible. You can explain the situation and ask the ex-officio member not to attend, but as a member he has a right to be notified of the meeting and to attend it.

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