Chairman holding two offices and voting?

[Guest Jim C.]

I have seen the FAQ #1:

 

Is it true that the president can vote only to break a tie?

Answer:
No, it is not true that the president can vote only to break a tie. If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions. So, in meetings of a small board (where there are not more than about a dozen board members present), and in meetings of a committee, the presiding officer may exercise these rights and privileges as fully as any other member. However, the impartiality required of the presiding officer of any other type of assembly (especially a large one) precludes exercising the rights to make motions or speak in debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result.

 

Where it states "If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have".  If the voting body (general membership) does not have a vote in board decisions does the chairman?  The chairman also holds another position (due to low club involvement) recognized as a board voting position.  Some have told me that the chairmanship trumps that of the sub position so that the chairman in that role should not have a vote as the sub position either.  Like I say it is a very small board and almost any vote by the chairman can effect the outcome.  What are the rules to cover this?

 

Thank you,

 

Jim C.

[Dan Honemann]

I have seen the FAQ #1:

 

Is it true that the president can vote only to break a tie?

Answer:

No, it is not true that the president can vote only to break a tie. If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions. So, in meetings of a small board (where there are not more than about a dozen board members present), and in meetings of a committee, the presiding officer may exercise these rights and privileges as fully as any other member. However, the impartiality required of the presiding officer of any other type of assembly (especially a large one) precludes exercising the rights to make motions or speak in debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result.

 

Where it states "If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have".  If the voting body (general membership) does not have a vote in board decisions does the chairman?  The chairman also holds another position (due to low club involvement) recognized as a board voting position.  Some have told me that the chairmanship trumps that of the sub position so that the chairman in that role should not have a vote as the sub position either.  Like I say it is a very small board and almost any vote by the chairman can effect the outcome.  What are the rules to cover this?

 

Thank you,

 

Jim C.

 

Where it says that "If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have", the "voting body" is the body which is meeting. If it's a board meeting, the voting body is the board, not the general membership.

[Weldon Merritt]

"The voting body" refers to the body that is meeting. If it is the general membership that is meeting, "the voting body" refers to the assembly of the general membership. If it is the board that is meeting, "the voting body" refers to the board. So if the president is a member of the board, he can vote at board meetings as explained in FAQ#1. But he only gets one vote, regardless of how many positions he holds on the board.

[Gary Novosielski]

The chairman also holds another position (due to low club involvement) recognized as a board voting position.  Some have told me that the chairmanship trumps that of the sub position so that the chairman in that role should not have a vote as the sub position either.  Like I say it is a very small board and almost any vote by the chairman can effect the outcome.  What are the rules to cover this?

 

I would say that if a person holds two positions, and one of them grants a right to do something, but the other does not, the person still has that right.  A U.S. Senator with a driver's licence is authorized to drive, even though the office of Senator arguably outranks the office of Driver Licence Holder, and notwithstanding the fact that being a Senator doesn't confer driving privileges.

 

There is no "trumping" of non-rights due to ranking of offices in RONR, anywhere.  

 

If it is a very small board, the small-board rules allow the president to vote, make motions, and participate fully just as any other member (presuming again that the president is a member of the board).

 

But remember, that although the president does have the right to vote, he should not use it in large assemblies.  This is not in any way an abridgement of the rights of the president since, as you know from reading FAQ1, the president is free to vote any time his one vote could actually matter.  No harm, no foul.

[Guest Guest]

Thank you all for your input on this matter.  Now I just have to decide if I want him to drive by giving him the information!!!!  lol  Thanks again,

 

Jim C.