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Recusal from amending a bylaw


DebbieinFL

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Our society just elected a trustee to serve as the third member of our Constitution and Bylaws Committee, not because the person is a trustee but because the person asked to serve and no one seemed to object. In that same meeting, the society also asked said Committee to study the section dealing with Trustees to clarify some questions that had arisen in the last few months.  I was wondering if the trustee should recuse himself from working on any changes to the section since it would currently involve him personally. I read this quote below in another discussion thread and wondered if the principle would apply to this scenario I've outlined. Thank you.

"... If a member has a direct personal or pecuniary (monetary) interest in a motion under consideration not common to other members, the rule in RONR is that the member should not vote on such a motion, but even then he or she cannot be compelled to refrain from voting. [RONR (12th ed.) 45:4.]"

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On 11/30/2021 at 3:01 PM, DebbieinFL said:

"... If a member has a direct personal or pecuniary (monetary) interest in a motion under consideration not common to other members, the rule in RONR is that the member should not vote on such a motion, but even then he or she cannot be compelled to refrain from voting. [RONR (12th ed.) 45:4.]"

You ignored the phrase that I have bolded in the quote above.

Any changes made in the bylaws that would affect trustees would presumably affect all trustees, not just the one guy on the committee.  Therefore his interests are in common to other members.  If he felt uncomfortable voting on such questions, he can't be forced to vote, but he has no reason to feel uncomfortable, and certainly cannot be, prevented from voting

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