Point of order.

[Guest Carri]

If asked to disclose fiduciary responsibility and a member still demands to vote on a motion where he has a pecuniary interest, can I raise a point of order?

[Chris Harrison]

You can, but since a member cannot be compelled to abstain from voting (even if he should) the Chair should properly rule the Point of Order Not Well Taken (RONR p. 407). Of course, if the bylaws require that a member with such an interest refrain from voting that would change the equation.

[Guest Carri]

Then why have the rule? It will negatively impact our program if he is able to vote.....why have rules that should protect our board that can't be enforced? I'm confused.

[Josh Martin]

Then why have the rule?

The hope is that most members are upstanding citizens who will follow this rule on their own initiative. For those who are somewhat less upstanding, the rule gives the society solid grounds to discipline members who habitually violate it.

It will negatively impact our program if he is able to vote.....why have rules that should protect our board that can't be enforced? I'm confused.

The right to vote trumps just about everything in RONR. Additionally, if the rule provided that members were prohibited from voting, it would get into very murky territory (possibly leading to decorum-violating debate) if there is a disagreement about whether the member has a conflict of interest.

Some organizations disagree on these points and feel that the "conflict of interest" rules should have more teeth. If so, they are free to adopt stricter rules in their Bylaws on the subject. In some cases, there may also be applicable laws on the subject.

[Chris Harrison]

You all are free to amend the bylaws to require that a member refrain from voting if he or she has an interest not in common with the other members.

[Guest Carri]

Redoing our by laws doesn't help with a meeting this Monday when this motion comes for a vote....wish there was recourse but I will try implementing what I have learned here. Thanks all.

[Guest John]

You could move to censure the member.  

The member may have a right to vote, and may exercise that right, and there may not (currently) be anything in your bylaws that prohibit the member from voting in a way that is in his best interest and contrary to the best interest of the organization; HOWEVER, you could move to censure the member thereby expressing the Board's strong disapproval.