Guest Gary Posted January 30, 2021 at 03:01 PM Report Posted January 30, 2021 at 03:01 PM A Town Select Board member is also a member of the Town Government Study Committee. The Select Board member voted against a motion concerning a Bylaw to designate certain powers to the Select Board that the Select Board member does no want. Since the Select Board members position is unique to the other Town Government Study Committee members, and there appears to be a conflict of interest, should the Select Board member have recused from the vote? Thank you. Quote
Josh Martin Posted January 30, 2021 at 03:12 PM Report Posted January 30, 2021 at 03:12 PM 8 minutes ago, Guest Gary said: A Town Select Board member is also a member of the Town Government Study Committee. The Select Board member voted against a motion concerning a Bylaw to designate certain powers to the Select Board that the Select Board member does no want. Since the Select Board members position is unique to the other Town Government Study Committee members, and there appears to be a conflict of interest, should the Select Board member have recused from the vote? Thank you. RONR does not use the term "conflict of interest." Rather, it notes that a member who has a direct personal or pecuniary interest not in common with other members should abstain from voting, but the member cannot be compelled to abstain. Whether a particular circumstance constitutes such an interest is ultimately a judgment call. "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 (12th ed.) 45:4 Since this is a public body, it is very possible that applicable law also weighs in on this subject, and such laws would take precedence over RONR. Quote
Guest Gary Posted January 31, 2021 at 12:26 PM Report Posted January 31, 2021 at 12:26 PM Thank you Mr. Martin Quote
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