Powers of the Chair

[danstanford]

After literally 20 years of chairing many different committees, I have for the first time had enough of a board member. He is difficult to deal with, insulting in his various correspondence, anxious to embarrass the staff person, and prone to sending out broadcast e-mails to the whole board where a note to the one responsible would have provided the answer he needed.

First, is it generally accepted that it is within the powers of a chair to censure a member for this type of behaviour without specific language in the By-laws referring to process? In the same vein, would a pattern of this behaviour then provide the Chair with grounds to request a resignation from the member?

Secondly, in this instance the board member is a representative of another board, nominated by them from within their ranks. Would the correct procedure be to ask the Chair of this other organization to provide a more suitable and productive board member?

Thanks,

Dan

[Tim Wynn]

After literally 20 years of chairing many different committees, I have for the first time had enough of a board member.

Be thankful for those 20 problem-free years.

He is difficult to deal with, insulting in his various correspondence, anxious to embarrass the staff person, and prone to sending out broadcast e-mails to the whole board where a note to the one responsible would have provided the answer he needed.

He must adhere to proper decorum.

First, is it generally accepted that it is within the powers of a chair to censure a member for this type of behaviour without specific language in the By-laws referring to process?

No, the chair cannot censure a member, nor can a committee discipline its members. It should report the facts to its parent assembly, which can take action.

In the same vein, would a pattern of this behaviour then provide the Chair with grounds to request a resignation from the member?

A request can be made, because it is merely a request. The resignation, however, would be between the resigning member and the authority that appointed him.

Secondly, in this instance the board member is a representative of another board, nominated by them from within their ranks. Would the correct procedure be to ask the Chair of this other organization to provide a more suitable and productive board member?

You should report the problem to the body or individual who is responsible for appointing the committee. You say this person is nominated by a board. Who actually appointed him to the committee? The same board?

[hmtcastle]

First, is it generally accepted that it is within the powers of a chair to censure a member for this type of behaviour without specific language in the By-laws referring to process? In the same vein, would a pattern of this behaviour then provide the Chair with grounds to request a resignation from the member?

RONR gives the chair no such unilateral authority (though anyone can ask anyone to resign).

Secondly, in this instance the board member is a representative of another board, nominated by them from within their ranks. Would the correct procedure be to ask the Chair of this other organization to provide a more suitable and productive board member?

Ask away (though it seems unlikely that their chair has any more authority than your chair does).

And see FAQ #20.

[Kim Goldsworthy]

After literally 20 years of chairing many different committees, I have for the first time had enough of a board member.

He is difficult to deal with, insulting in his various correspondence, anxious to embarrass the staff person, and prone to sending out broadcast e-mails to the whole board where a note to the one responsible would have provided the answer he needed.

1) First, is it generally accepted that it is within the powers of a chair to censure a member for this type of behaviour without specific language in the By-laws referring to process?

2) In the same vein, would a pattern of this behaviour then provide the Chair with grounds to request a resignation from the member?

3) Secondly, in this instance the board member is a representative of another board, nominated by them from within their ranks.

Would the correct procedure be to ask the Chair of this other organization to provide a more suitable and productive board member?

1) No.

Normally, a trial would be necessary to impose a penalty.

However, an exception does exist. - If the offense is committee within a proper meeting, then discipline may be imposed in that meeting.

But all you are listing are actions which occurred OUTSIDE of a proper meeting. (E-mail; correspondence.)

2) No.

Privately, anybody can ask anybody to resign.

But you have no authority from anything within Robert's Rules of Order to do the asking.

3) Yes.

There is no gag rule in RONR. - You are free to ask the party who did the appointing/electing to re-think their decision, and to "improve" their representation with a "fresh" representative.

That, anybody can do.

[danstanford]

Thank you Everybody for your feedback. It follows much of my thinking on the topic and reading of the By-laws.

Would you please then answer another slightly different question. If you were a fellow board member (I am the Chair), and you were finding someone this difficult to deal with, would you expect the Chair to deal with it as I am suggesting? I have often spoken of the duty of a Board or Committee Chair to insure all parties are respectful of each other and that good work be thus made possible. In this instance, I have stopped him from bullying in our conference calls (board meetings are often conference calls due to geography and travel budgets), and responded to other breaches of proper decorum outside the meetings both in private and in matching broadcast e-mails. It seems to me that I would expect the Chair to break the cycle before good members start dropping off.

Thanks, Dan

[hmtcastle]

If you were a fellow board member (I am the Chair), and you were finding someone this difficult to deal with, would you expect the Chair to deal with it as I am suggesting?

Yes. See "Suggestions for Inexperienced Presiding Officers" on pp.438-440.

Of course you'll be much more successful with the support of the rest of the board members. And note that his behavior outside of meetings (which you allude to) is largely beyond your control.