Guest Mike Posted February 3, 2024 at 08:57 PM Report Share Posted February 3, 2024 at 08:57 PM The assembly set up an investigating committee concerning the actions of some board members. The committee resolution prefer charges and to hold a trial. When the assembly votes on the resolution to hold the trial, can the accused vote on that resolution, since they are the ones going on trial? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 3, 2024 at 09:04 PM Report Share Posted February 3, 2024 at 09:04 PM On 2/3/2024 at 2:57 PM, Guest Mike said: When the assembly votes on the resolution to hold the trial, can the accused vote on that resolution, since they are the ones going on trial? Yes, since at that time no actual charges have yet been preferred against the member and his rights as a member have not been suspended. He therefore may vote on the adoption of the resolution preferring charges and to hold a trial. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 5, 2024 at 04:13 PM Report Share Posted February 5, 2024 at 04:13 PM On 2/3/2024 at 2:57 PM, Guest Mike said: The assembly set up an investigating committee concerning the actions of some board members. The committee resolution prefer charges and to hold a trial. When the assembly votes on the resolution to hold the trial, can the accused vote on that resolution, since they are the ones going on trial? Unless your bylaws provide otherwise, the member has the right to vote, but should not do so, since he has a personal interest not in common with other members. "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 Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 5, 2024 at 05:56 PM Report Share Posted February 5, 2024 at 05:56 PM On 2/5/2024 at 10:13 AM, Josh Martin said: Unless your bylaws provide otherwise, the member has the right to vote, but should not do so, since he has a personal interest not in common with other members. I agree and probably should have added that caveat to my own answer. I trust that the OP understands that the member does have the right to vote on that issue if he insists on it. Quote Link to comment Share on other sites More sharing options...
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