Voting - Conflict of Interest

[Guest John]

All,

An entity follows Roberts Rules but not does not have a Conflict of Interest Policy in place.  The current issue involves a voting matter in which the Board has the authority to vote on.  Currently the entity’s governing document allows the Board to vote on this particular issue and the President does not vote unless there is a tie.  In this case, there is a tie but the issue directly affects the President.

Is there any authority in RONR that forbids the voting of a conflicted participant (here the President)?  In my research I have noted (RONR p. 407 ll. 21-31) which address Abstaining from Voting on Question of Direct Personal Interest which states that “No member can be compelled to refrain from voting such circumstances” so my assumption is that is the answer, but I wanted to throw it out to this fine group to see if there is anything in RONR that the entity could use to block the President’s vote in this situation.  Any input would be great appreciated.  Have a great day!

[Joshua Katz]

1 minute ago, Guest John said:

Currently the entity’s governing document allows the Board to vote on this particular issue and the President does not vote unless there is a tie.

This sentence is ambiguous as to whether the President not voting unless there is a tie is actually in the bylaws. It is not consistent with RONR, in which the President votes when his vote would make a decision, but if it's what your bylaws say, it is what your organization shall do.

2 minutes ago, Guest John said:

Is there any authority in RONR that forbids the voting of a conflicted participant (here the President)?  In my research I have noted (RONR p. 407 ll. 21-31) which address Abstaining from Voting on Question of Direct Personal Interest which states that “No member can be compelled to refrain from voting such circumstances” so my assumption is that is the answer, but I wanted to throw it out to this fine group to see if there is anything in RONR that the entity could use to block the President’s vote in this situation.  Any input would be great appreciated.  Have a great day!

That is the answer. So far as RONR is concerned, a person should not vote when he has a personal or pecuniary interest not in common with the others in the matter being decided, but there is no way to compel compliance.