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Employee as member of board


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Our church bylaws state that the pastor can serve as ex-officio member to committees, etc.  For 41 years, our pastors have attended board meetings but have not made motions or voted.  Our current pastor insists on doing that.  He is an employee of the church/board and thus is "answerable to the board."  I do not think he should vote. 

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Our bylaws state:  The Board of Trustees shall consist of nine board members elected by the congregation, three elected every three years for a three year term. 

 

These members are elected by the congregation.

 

Paragraph 51 of Roberts Rules - under ex officio members, I think, says that if the ex-officio member is "answerable to the board" he may not vote (paraphrased as I don't have it before me.)

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Paragraph 51 of Roberts Rules - under ex officio members, I think, says that if the ex-officio member is "answerable to the board" he may not vote (paraphrased as I don't have it before me.)

 

I'm afraid that RONR say nothing of the kind. What it does say on p. 483 is "In the executive board of a society, if the ex officio member of the board is under the authority of the society (that is, if he is a member, an employee, or an elected or appointed officer of the society), there is no distinction between him and the other board members." Clearly that gives him the right  to vote.

 

See also RONR, p.407, ll. 21-31 regarding the situation when a vote is taken on a matter of personal or pecuniary interest to one member that is not common to other members, but note that, even here, the right to vote cannot be denied.

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Our bylaws state:  The Board of Trustees shall consist of nine board members elected by the congregation, three elected every three years for a three year term. 

 

These members are elected by the congregation.

 

I don't see how this is relevant.

 

Paragraph 51 of Roberts Rules - under ex officio members, I think, says that if the ex-officio member is "answerable to the board" he may not vote (paraphrased as I don't have it before me.)

 

This is very wrong. All ex-officio members have the right to vote. Whether or not an ex-officio member is under the authority of the society matters only for purposes of whether the member is counted when determining if a quorum is present. See FAQ #2. The rule is much the same in Section 51 of the 4th edition, which seems to be what you are referring to.

 

If you feel that your pastor should not have voting rights at board meetings, you will need to amend your bylaws. Until then, he has the right to vote.

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Our bylaws state:  The Board of Trustees shall consist of nine board members elected by the congregation, three elected every three years for a three year term. 

 

These members are elected by the congregation.

 

Paragraph 51 of Roberts Rules - under ex officio members, I think, says that if the ex-officio member is "answerable to the board" he may not vote (paraphrased as I don't have it before me.)

 

You might want to rethink that. Are not church members answerable to the church? So, if someone who is answerable to a group they are a member of can't vote, then no church member would be permitted to vote at a church meeting. Also, you might want to look carefully at your bylaws to see if it actually says that the pastor answers to the board. There have been many church boards that have assumed that because they were responsible for searching for a new pastor that the pastor "is answerable" to them, when the bylaws never said so. You should also look to see if the wording that makes the pastor a member of all committees also makes the pastor a member of the board. If it says, "Committees," then it might not include the board. If it specifies each committee he is a member of, then there may be some he isn't a member of. The answer to that will help determine whether the pastor can vote or not.

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Our church bylaws state that the pastor can serve as ex-officio member to committees, etc.  For 41 years, our pastors have attended board meetings but have not made motions or voted.  Our current pastor insists on doing that.  He is an employee of the church/board and thus is "answerable to the board."  I do not think he should vote.

 

Our bylaws state:  The Board of Trustees shall consist of nine board members elected by the congregation, three elected every three years for a three year term. 

 

These members are elected by the congregation.

 

Paragraph 51 of Roberts Rules - under ex officio members, I think, says that if the ex-officio member is "answerable to the board" he may not vote (paraphrased as I don't have it before me.)

 

I don't see how this is relevant.  . . .    If you feel that your pastor should not have voting rights at board meetings, you will need to amend your bylaws. Until then, he has the right to vote.

 

But where do the bylaws say that the pastor is an ex-officio member of the board? I don't see how the quoted provision is not relevant, since it states the composition of the board and does not state anything about ex-officio membership. It may be that another provision does, but the OP hasn't quoted it.

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