Guest Anonymous Posted April 24, 2024 at 07:00 AM Report Share Posted April 24, 2024 at 07:00 AM We have received a complaint and request for suspension of a board member. By law states formal complaint process will go the board for review, with a formal review of the charges brought against them. Would that require this “charged” board member to be involved in the conversation and approval for a formal review of the charges brought against them?? Quote Link to comment Share on other sites More sharing options...
J. J. Posted April 24, 2024 at 12:14 PM Report Share Posted April 24, 2024 at 12:14 PM On 4/24/2024 at 3:00 AM, Guest Anonymous said: We have received a complaint and request for suspension of a board member. By law states formal complaint process will go the board for review, with a formal review of the charges brought against them. Would that require this “charged” board member to be involved in the conversation and approval for a formal review of the charges brought against them?? If RONR is applicable, at least until the member is notified of the charge, he may vote. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 25, 2024 at 07:45 PM Report Share Posted April 25, 2024 at 07:45 PM On 4/24/2024 at 2:00 AM, Guest Anonymous said: We have received a complaint and request for suspension of a board member. By law states formal complaint process will go the board for review, with a formal review of the charges brought against them. Would that require this “charged” board member to be involved in the conversation and approval for a formal review of the charges brought against them?? All members of the board retain all of their rights to vote unless and until those rights are removed through disciplinary proceedings or through operation of a provision in the bylaws. The fact that a charge has been brought against the member, in and of itself, does not deprive the board member of their rights in connection with this matter unless your bylaws so provide. So generally, yes, the member would be "involved in the conversation and approval for a formal review of the charges brought against them." I would suggest that the member should not vote on this matter, however, he ultimately has the right to do so unless your bylaws provide otherwise. "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...
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