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Can a board member vote when the motion is to remove him from office?

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Hi Little Ben, in regards to my question about whether a board member can actually vote on a motion to expel him from office

let me more clear so I can get precise guidance. Here are the facts
1. He was notified of the meeting and the motion to expel him from office 14 days in advance
2. Our bylaws state that he can be expelled by majority vote of the board of directors.
3. Our bylaws state that he is allowed to be present to state his case in front of the board, which he did, and defended himself.
4.The board believes that he HAS violated the bylaws and or the practices of the organization, so it is with cause.

So that leaves me two last questions,

1. Does this qualify as a suitable (trial ) ? If not, what are the procedures ?
2.If it does qualify as a trial , where he had the opportunity to defend himself, does he still get to vote on the motion to have him expelled ?
Thanks Little Ben,

Trey

Dear Trey,
This is what I recommend. Get a copy of the official Robert's Rules of Order book ASAP. Look carefully at that information and have it ready to back up your decision. This sounds like a mini version of a trial. In that case he cannot vote. Usually the person being tried is not in the room when the vote is taken. I also recommend that the vote be taken by ballot. I hope all this has been done in what is called executive session and kept confidential for the protection of all.

Cheerio,

Little Ben


Question submitted by Trey on October 13, 2014