Conflict of Interest

[Guest Confused]

If a individual voting member of a board is a member of a benifiting motion, does that individual have to abstain from the motion and if he/she does not abstain, can anyone from the floor ask that the individual be excused because he/she has a conflict of interest and he/she (group he/she represents) will benifit from the motion?

Thank you

[David A Foulkes]

If a individual voting member of a board is a member of a benifiting motion, does that individual have to abstain from the motion and if he/she does not abstain, can anyone from the floor ask that the individual be excused because he/she has a conflict of interest and he/she (group he/she represents) will benifit from the motion?

Thank you

"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.....However, no member can be compelled to refrain from voting in such circumstance." RONR 10ed. p. 394 ll. 15-25

[Josh Martin]

If a individual voting member of a board is a member of a benifiting motion, does that individual have to abstain from the motion and if he/she does not abstain, can anyone from the floor ask that the individual be excused because he/she has a conflict of interest and he/she (group he/she represents) will benifit from the motion?

Thank you

As the citation provided by Mr. Foulkes, the member should abstain, but he cannot be forced to abstain. It would not be appropriate for a member to request for the member to be excused because the member has a conflict of interest, as the member's conflict of interest is not germane to the motion, and it is indecorous to attack the motives of other members. (RONR, 10th ed., pg. 379, line 31 - pg. 380, line 14) If a member makes such a request the chair should call him to order, and the assembly certainly could not enforce such a request, as a member may not be deprived of his basic rights except through disciplinary proceedings. (RONR, 10th ed., pg. 255, lines 22-28) Ultimately, whether the member abstains is up to his own conscience.

You also mention that "the group he represents" will benefit from the motion. I'm not entirely clear what that means, nor am I sure whether the member even should abstain. If this "group" is some group the member has a financial stake in, then he should abstain. On the other hand, if the member is an elected representative and this group is his constituency, I would think it would be his duty to vote on a motion which would affect them.