motion made and then not followed thru

[Guest Adam Ward]

A member of a Community Association thought there were some improprieties going on with an employee of the community. A Board member made a motion, that the Board should check into this employees file and time sheets. It was seconded and approved.When it came time to check, the Association lawyer said the board could not look at anything because the board member, who is a head of the committee that this employee works under, was not there.The board member is only a head of the committee. Does the lawyer have this authority or can any and all of the rest of the board have this right to continue the investigation.The BOARD REPRESENTS THE COMMUNITY AND THIS EMPLOYEE WORKS FOR THE COMMUNITY.WHY ONLY THE HEAD OF A COMMITTEE BE ALLOWED.MEMBERS WANT ANSWERS.

[Kim Goldsworthy]

A member of a Community Association thought there were some improprieties going on with an employee of the community.

A Board member made a motion, that the Board should check into this employees file and time sheets.

It was seconded and approved.

Okay. It's official. Do it.

When it came time to check, the Association lawyer said the board could not look at anything because the board member, who is a head of the committee that this employee works under, was not there.

Irrelevant. Tell your lawyer he knows nothing about Robert's Rules of Order.

The board member is only a head of the committee.

Does the lawyer have this authority or can any and all of the rest of the board have this right to continue the investigation?

The BOARD REPRESENTS THE COMMUNITY AND THIS EMPLOYEE WORKS FOR THE COMMUNITY.

WHY ONLY THE HEAD OF A COMMITTEE BE ALLOWED.

MEMBERS WANT ANSWERS.

If Robert's Rules of Order applies, then your lawyer's advice was full of beans.

Having a committee member (or committee chair, etc.) present is not relevant, and not necessary, regarding a BOARD decision.

If the board had a QUORUM at a PROPERLY CALLED meeting, then all is well. The motion stands.

I am assuming you have no superior rule which contradicts the plain application of Robert's Rules of Order.

[hmtcastle]

When it came time to check, the Association lawyer said the board could not look at anything because the board member, who is a head of the committee that this employee works under, was not there.The board member is only a head of the committee. Does the lawyer have this authority or can any and all of the rest of the board have this right to continue the investigation.

Well, what I suspect the lawyer was saying was that, if you continued as planned, you'd be breaking the law.

But you won't be breaking any rule in RONR so go right ahead. And, should you find yourself behind bars, you'll have plenty of time to study RONR. Maybe even trade it for a carton of smokes.

[tctheatc]

Was it the actual maker of the motion who was not at the meeting?

[Guest Adam Ward]

Was it the actual maker of the motion who was not at the meeting?

yes, to your question and for the other guy, and why is-it illegal? The board does the hiring and firing of employees.Who is supposed to keep watch of them? If you can try not to be such a smart ass, some of us are not as smart as you and come to these forums for help and guidance.

[Guest Adam Ward]

Well, what I suspect the lawyer was saying was that, if you continued as planned, you'd be breaking the law.

But you won't be breaking any rule in RONR so go right ahead. And, should you find yourself behind bars, you'll have plenty of time to study RONR. Maybe even trade it for a carton of smokes.

WHY , IS THIS SOMETHING YOU LEARNED FROM PAST EXPERIENCES OR WAS IT SOAP

[Guest Adam Ward]

i apologize for answering the gentleman.

Why is it illegal for the BOD to check files and time sheets for employees of the community.They work for us(the community members) and the BOD represents the community

[hmtcastle]

Why is it illegal for the BOD to check files and time sheets for employees of the community.

That's a question for the attorney. It violates no rule in RONR.

[Josh Martin]

and why is-it illegal?

Why is it illegal for the BOD to check files and time sheets for employees of the community.They work for us(the community members) and the BOD represents the community

I don't know if it is illegal, and if it is illegal, I don't know why it would be. I'm not a lawyer. All we can say here is that the motion violates no rule in RONR.

I think it's at least worth considering the possibility that the lawyer is doing his job, however. I would talk to him about it.

Who is supposed to keep watch of them?

Well, that's more of a philosophical question that's beyond the scope of this forum.

[Guest Adam Ward]

I don't know if it is illegal, and if it is illegal, I don't know why it would be. I'm not a lawyer. All we can say here is that the motion violates no rule in RONR.

I think it's at least worth considering the possibility that the lawyer is doing his job, however. I would talk to him about it.

Well, that's more of a philosophical question that's beyond the scope of this forum.

THANK YOU