Using Executive Session to exclude a Board Member who does not recuse himself

[Guest Anonymous]

We have a situation where a Board Member of a Society has notified his board in writing of what he believes to be improper conduct by a society member.  The particular conduct did not significantly impact the board member but there is history of conflict between the board member and the society member.  The ByLaws allow for a complaint to be filed by a society member against another society member or for the board itself to issue a complaint against a society member.  A charge letter has been issued by the board with the "complaint" letter written by the board member attached to the letter, which includes the authors name and to whom it was sent.

For the disciplinary proceeding, several board members have requested that the board member who wrote the "complaint" recuse himself primarily because he is the author of the letter and also because of the history between them.  The complainant board member has indicated that he will not recuse himself, since as a board member writing the complaint it is in fact a board complaint and not a personal complaint. The complainant board member intends to participate in the "hearing" for the person charged, the deliberations and vote on disciplinary action.  Can the Board vote to go into an Executive Session excluding the complaint board member for the part of or the entirety of the hearing, deliberations and vote on the matter?

[George Mervosh]

2 minutes ago, Guest Anonymous said:

 Can the Board vote to go into an Executive Session excluding the complaint board member for the part of or the entirety of the hearing, deliberations and vote on the matter?

No, and no rule in RONR requires him to relinquish any of his rights in reference to the proceedings.

[Atul Kapur]

21 minutes ago, Guest Anonymous said:

The complainant board member has indicated that he will not recuse himself, since as a board member writing the complaint it is in fact a board complaint and not a personal complaint.

It is only a "board complaint" if the board made the complaint. That would require an action by the board (usually by a majority vote). Any one board member does not have the authority to act in the name of the board unless previously authorized to do so.

Note that I am speaking of the usual situation, without knowing (or wanting to know) the details of how your organization defines and handles complaints.

[Gary Novosielski]

55 minutes ago, Guest Anonymous said:

The complainant board member has indicated that he will not recuse himself, since as a board member writing the complaint it is in fact a board complaint and not a personal complaint.

Well, it is not in fact a board complaint unless the board voted to issue the complaint.  A complaint from one board member is an individual complaint.  

But it makes no difference in the answer, which is that there is no rule in RONR requiring the complainant to recuse himself.

[Guest Anonymous]

So it's clear the complainant does not have to recuse himself. That being the case, is there any action the board can take to remove him so that the meeting or executive session can continue without him?

[Richard Brown]

1 minute ago, Guest Anonymous said:

So it's clear the complainant does not have to recuse himself. That being the case, is there any action the board can take to remove him so that the meeting or executive session can continue without him?

As a member of the board, he has every right to be there and to participate.  Unless you have a provision in your bylaws to the contrary, his rights to attend, participate and vote can be curtailed only through the imposition of disciplinary charges against him and a specific motion adopted by the board suspending his membership rights.  RONR refers to that as a "disciplinary suspension".   You cannot suspend his right to be present, to participate and to vote just because you don't want him there.  The fact that he wrote the "charging letter" (or whatever you call it) has nothing to do with it.  He is still a member in good standing entitled to all of the rights of membership.

[Gary Novosielski]

21 minutes ago, Guest Anonymous said:

So it's clear the complainant does not have to recuse himself. That being the case, is there any action the board can take to remove him so that the meeting or executive session can continue without him?

Absolutely not.

[J. J.]

Does the board the trial body for the member?  Is board action required to begin to process the charge?