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Breaking a tie vote


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Guest James

I am a member of the Board of Directors of a small non-profit organization. Is it proper to amend our bylaws to say that our Executive Director (not a board member) may vote only in case of a tie vote by the board members?

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Guest Edgar

Your bylaws can say whatever your members want them to say. Just be careful what you wish for.

Further, with the exception of an election, a tie vote simply means that the motion was defeated. So there's nothing to "break".

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I am a member of the Board of Directors of a small non-profit organization. Is it proper to amend our bylaws to say that our Executive Director (not a board member) may vote only in case of a tie vote by the board members?

First, read your bylaws carefully. Often bylaws include the Executive Director as a board member by virtue of their employment. The bylaws will determine their specific rights.

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Is it proper to amend our bylaws to say that our Executive Director (not a board member) may vote only in case of a tie vote by the board members?

Assuming there are no governing statutes that preclude it, you could do that. whether it is "proper" or wise to do so would be decided by the members when they vote on the amendment. But you minght want to consider the fact that is certainly is not necessary to have a tie-breaking mechanism. A tie is not (as some suppoe) a deadlock. It simply means that the motion is not adopoted, because it did not receive a majority of the votes cast.

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I am a member of the Board of Directors of a small non-profit organization. Is it proper to amend our bylaws to say that our Executive Director (not a board member) may vote only in case of a tie vote by the board members?

Your bylaws can say whatever your members want them to say. Just be careful what you wish for.

Which way do you think the ED will vote if the issue is her salary or proposed termination?

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Guest Edgar

Which way do you think the ED will vote if the issue is her salary or proposed termination?

I suppose it would depend on whether her salary was being raised or lowered. Or whether she hates the job but would rather be fired than quit. Why do you ask?

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I suppose it would depend on whether her salary was being raised or lowered. Or whether she hates the job but would rather be fired than quit. Why do you ask?

I was asking the original poster what he thought, since you correctly suggested he be careful what he wishes for.

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