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Conflict of Interest


MsSunshiine

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This may not be the correct place to ask, but ill try.  I do the minutes of a nonprofit special district in California.  There are five board members.  Our attorney is the daughter to one of the board members, who was the board chairman but now just a director.  She is fresh out of law school and does not seem to have the experience that one may think would override the daddy daughter issue.  Can this be challenged?

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The only clear statement in Robert's Rules about "conflict of interest" the statement that "No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm of which a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. However, no member can be compelled to refrain from voting in such circumstances" (RONR pg. 407, ll. 22-31). 

So even in that case, it is a question of should, with a clear statement that a member cannot be compelled not to vote.

Any other rules about a conflict of interest must be spelled out in a particular organization's governing documents.

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5 minutes ago, MsSunshiine said:

This may not be the correct place to ask, but ill try.  I do the minutes of a nonprofit special district in California.  There are five board members.  Our attorney is the daughter to one of the board members, who was the board chairman but now just a director.  She is fresh out of law school and does not seem to have the experience that one may think would override the daddy daughter issue.  Can this be challenged?

No, not on the grounds that it violates any rule in RONR.

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