Motion that was not carried out as voted and approved.

[Christina Grebel]

Our board voted and passed a motion to extend an offer to this one individual, let's say Tom, after much discussion. The next thing I knew was that the employee taxed with extending the offer had conferred with an Ex-officio member of the board and they made the decision to offer the position to one of the other applicants, Ron. We had discussed hiring Ron first but ultimately decided on our second choice, Tom. Ron accepted the offer. 

My question is, as secretary how do I record what happened if at all. And what kind of things can we do to prevent this from happening again. 

Thank you for your time, 

Christina

Sorry this should have been in the general question forum. 

Edited March 9, 2021 at 04:11 AM by Christina Grebel

[Christina Grebel]

I should mention that the board was not notified of the outcome until it was done and Ron had already been offered and accepted the position. So not only did the motion not be acted upon as passed but altered.  I guess I am just confused about all of it. I have looked through RONR and I have not found any information on how to handle this situation. 

Edited March 9, 2021 at 04:12 AM by Christina Grebel

[Guest Puzzling]

For RONR purposes:

The minutes should reflect what is decided (in this case the main motion that decided to offer the job to Tom)

I guess the ex-officio member and the employee were not allowed to change the offer.

The assembly can if it wants start disciplinary action or a motion of disapproval against the ex-officio member see chapter 20 of RONR.

What to do further is legal matter, outside the scope of this forum consult with a lawyer for this.

[Joshua Katz]

First, I think you have a legal problem here and should consult with a lawyer. The board can and should take appropriate actions here to deal with the immediate problem.

As for how to prevent it from happening again, well, never let these people close to any matters of import again, and discipline them. Note that the board probably can't do that, unless your bylaws say it can.

The minutes should reflect what happened at the meeting.

[Atul Kapur]

3 minutes ago, Joshua Katz said:

and discipline them. Note that the board probably can't do that, unless your bylaws say it can.

For the employee, I don't think that there is any requirement that the bylaws need to authorize disciplinary measures. That would be part of the employee-employer relationship. 

[Joshua Katz]

Just now, Atul Kapur said:

For the employee, I don't think that there is any requirement that the bylaws need to authorize disciplinary measures. That would be part of the employee-employer relationship. 

Somehow I missed than an employee did this. I agree. I know what I would do...

[Richard Brown]

13 hours ago, Christina Grebel said:

My question is, as secretary how do I record what happened if at all. And what kind of things can we do to prevent this from happening again. 

You record exactly what happened AT THE MEETING. you record the motion as it was adopted. You should not add any details about what happened after that unless directed to do so by the assembly itself or if it is a motion made at a subsequent meeting to deal with the situation.

I don’t know how to prevent it from happening again other than to hire and elect better people to office.  Taking strong disciplinary action against those involved will also send a message that such subordination will not be tolerated.

Taking disciplinary action against the employee involved is a legal matter involving employer employee relations. I would think termination would be an option unless there is some provision of law or a contract which prohibits it or makes it difficult. Whether  disciplinary action can be taken against the ex officio board member will depend upon what control the organization has over this member. I suggest you study chapter xx of RONR regarding disciplinary procedures and that you review your own rules concerning discipline of members.