Recusal of Board Member

[Guest Chastity4]

It was moved today in a motion by my board... that I should recuse my duties as secretary and then leave the meeting concerning personal conflict of interest.  My son-in-law is currently our Executive Director and I usually abstain from voting when issues about his job arise.  However the Personnel committee on their own without board approval fired my son-in-law so we were currently figuring out how to proceed in a legal way with the board approval.     Currently I'm acting Secretary of a Board of Directors for a non-profit organization.  I have Robert's Rules here with me but can't find anything on this subject of recusal.   Could they not have just asked me to leave?  Instead of making a formal motion and asking everyone to vote?   I still represent the membership in my area... so was their voice not counted in this matter of policy and procedure?   

I'm totally not hurt about having the afternoon off instead of working through the afternoon in another meeting. I just want to know what the procedure is.  

[Atul Kapur]

Under RONR: As a member of the board, you have a right to attend all meetings of the board -- and that's the entire meeting. (p. 3, lines 1-9)

Also under RONR: Even though you should not vote on a question in which you have a direct personal or pecuniary interest not common to other members, you cannot be compelled to refrain from voting. (p. 407, lines 21-31). There's nothing in the book about an indirect personal interest.

There may be laws applicable to your organization that say differently.

[J. J.]

I would note that the board may express its opinion that you should recuse yourself.  They cannot make you  recuse yourself, even by a unanimous vote. 

Edited March 26, 2020 at 08:18 PM by J. J.
Fixed at Dr. Kaptur's suggestion. ;)

[Atul Kapur]

4 hours ago, J. J. said:

I would note that the bard may express its opinion that you should recuse yourself.  They cannot make you  recuse yourself, even by a unanimous vote. 

If the board isn't following the rules in RONR, I doubt if they're knowledgeable enough to follow Shakespeare's Rules, either.

[Gary Novosielski]

3 hours ago, Atul Kapur said:

If the board isn't following the rules in RONR, I doubt if they're knowledgeable enough to follow Shakespeare's Rules, either.

...or by opposing, end them.

[Atul Kapur]

🤣

[Guest Chastity4]

Well since I didn’t challenge the motion and voting process during the meeting but actually allowed my board to divide themselves and embarrass each other,  I’m just as responsible for the outcome 
However in moving forward decisions were made that I still am not privy to because even though I’ve asked leadership they won’t respond.... they think I’m now allowed to know anything about the meeting.    
 

I’ll be honest  even though I own a copy of Roberts Rules I only use it as reference and have minimal knowledge even though I’ve had executive positions on and off various boards for  thirty years     

Any procedures I can use at the next meeting to correct this error?   When a motion is made that is against our rules?   Or now that the motion and vote occurred does/should it stand?  

 

Thanks.

[J. J.]

1 hour ago, Guest Chastity4 said:

 

Any procedures I can use at the next meeting to correct this error?   When a motion is made that is against our rules?   Or now that the motion and vote occurred does/should it stand?  

 

Thanks.

Look up Point of  Order and Appeal.

[Atul Kapur]

2 hours ago, Guest Chastity4 said:

However in moving forward decisions were made that I still am not privy to because even though I’ve asked leadership they won’t respond.... they think I’m now allowed to know anything about the meeting.  

I assume you mean they think you're not allowed to know anything about the meeting.

They are incorrect. As a member, you have the right to examine the minutes and other records, including the minutes of an executive session (RONR 11th ed., p. 460, lines 6-20, particularly lines 13-16).

 

[Guest chastity 4]

is the motion to remove me illegal then?  How do we fix that at the next meeting?   Can I still add my vote to the motions that were voted on?  

[J. J.]

1 minute ago, Guest chastity 4 said:

is the motion to remove me illegal then?  How do we fix that at the next meeting?   Can I still add my vote to the motions that were voted on?  

Just show up.  If they ask you to leave say no.  If someone makes a motion to kick you out, raise a point of order.

[Atul Kapur]

3 hours ago, Guest Chastity4 said:

Any procedures I can use at the next meeting to correct this error?   When a motion is made that is against our rules?   Or now that the motion and vote occurred does/should it stand?

The time to correct an error is when it happens. Points of Order, which are used to correct errors, generally need to be made in a timely manner. So you can't turn back the clock. But there may be an exception that applies. (The exceptions are listed on p. 251)

If the vote was close enough that your one vote would have made a difference (which which we can only know if they had a counted vote), then you can raise a Point of Order that action was taken in violation of a rule protecting a basic right of a member (this is an extrapolation of the example given for elections on pages 445-446). Even then, if the firing has taken place, then there's not much that you can do, procedurally. 

41 minutes ago, Guest chastity 4 said:

Q1) is the motion to remove me illegal then?  Q2) How do we fix that at the next meeting?  Q3) Can I still add my vote to the motions that were voted on?  

A1) It was a breach of the rules.
A2) You can't fix the past, you can just start doing things properly from now on. So, as J.J. says, attend the next meeting and defend your rights if they are violated again.
A3) Not according to RONR

4 hours ago, Guest Chastity4 said:

I’ll be honest  even though I own a copy of Roberts Rules I only use it as reference and have minimal knowledge even though I’ve had executive positions on and off various boards for  thirty years

There are courses available and there is a much less daunting book called Robert's Rule Newly Revised - In Brief. It's not expensive so it may be worth ordering it now even though the new edition will be coming out in the fall; the major principles are unlikely to change significantly (he boldly predicts).

[Gary Novosielski]

7 hours ago, Guest chastity 4 said:

is the motion to remove me illegal then?  How do we fix that at the next meeting?   Can I still add my vote to the motions that were voted on?  

You can't add your vote to motions that have already been voted on.