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Should the BOT intercede when a Committee Chair rejects a residents membership due to obvious personal animus.

Started by JohnA269 replies • 183 views

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JohnA26 (New Jersey)
Posts: 43
Posted:
Should the BOT intercede when a Committee Chair rejects a residents membership due to obvious personal animus.
Background
The resident was previously a long time member of the committee with extensive experience and expertise in the field. A member of the committee a personal friend of the chairman joined the committee a year ago after overwhelmingly losing reelection to the BOT. The individual seeking to rejoin the committee after a two year absence was instrumental in the former trustee losing reelection. The BOT rejected the application by letter without discussion citing two obscure policies that have never been enforced.
1- late submitting application
2- committee already has enough members
The BOT VP subsequently verbally advised the resident that the action was taken at the request of the Chairman who poled his membership.
Two members of the committee have since publicly come forward stating that they were never contacted and objected to the action by the Committee Chair and the BOT.
What should the BOT do.
CathyA3 (Ohio)
Posts: 6,299
Posted:
We need some more information. What kind of "membership" are you referring to? Committee? Other?

Assuming we're talking about committee membership, here's some general information that may help you answer your own question:

* Committees operate under the direction of the board - they have no independent authority of their own (with some pretty uncommon exceptions, which your bylaws would spell out if they exist).

* Boards can appoint or remove committee members with or without cause. The board is the final word on this.

* It's appropriate to have requirements for participation, and to ignore any applications that don't follow these requirements. In addition, committees should have charters that describe what they're supposed to be doing and how they should be doing it. Committees that aren't effectively managed will cause more problems than they'll solve.

* It's also important for board members, officers, and committee members to be able to work effectively with others. If someone does not get along well with others, it's reasonable to tell this person "thank you for your service" and appoint someone else.

Obviously I don't know the individuals involved, but as a board member I would not want to deal with anyone who will be creating drama instead of doing their job. That applies to everyone, newbies and experienced folks alike. As I mentioned above, boards can appoint or dismiss anyone for any reason - a person's inability to work effectively with others is a deal breaker in my book.

KerryL1 (California)
Posts: 14,550
Posted:
Nice reply from Cathy. And she's correct that boards do not need ANY reason to remove owners from committees or to not accept thier applications to be on committees.
JohnA26 (New Jersey)
Posts: 43
Posted:
Thank you for your responseWe are talking about committeemembership
The applicant worked with four of the members in the past including three years, two as committee secretary with the committee Chairman without incident. 2 other members of the committee have no prior experience with the applicant and I believe don't even know each. The former Trustee obviouslyy has a history with the appliant.
The applicant served for 10 years on the committee 3 as Chair as well as two years on another committee as chair.
I negelected to mention the spouse of the former Trustee is now on the Board of Trustees.
Should the Board position be
My opinion is if the former trustee on the committee can not set their personal issues aside that person should resign

CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnA26 on 01/20/2024 10:55 AM
... snip ...
My opinion is if the former trustee on the committee can not set their personal issues aside that person should resign


I agree that such a person would not be an asset to the committee. But the person may not resign, and it's completely within the board's discretion to remove them. If I were on the board, I'd recommend giving the person the option of resigning to save face, but if they did not do so we should thank them for their work and replace them.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JohnA26 on 01/20/2024 6:36 AM

What should the BOT do.
The Board of Trustees has the lawful right to appoint anyone it wants to the committee, for any reason it wants. The BOT can also dismiss anyone it wants. If the BOT does not like the committee chair, the BOT can dismiss the committee chair from the committee; or the BOT can state that it will appoint the chair.

That's the law. The rest of your questions are more ethical/moral/subjective/political.
KerryL1 (California)
Posts: 14,550
Posted:
In general, the Board also appoints the committee chair. The Committee often recs who they ant as chair and I think Boards do usually agree with the committee. but they are not retired to.
KerryL1 (California)
Posts: 14,550
Posted:
In general, the Board also appoints the committee chair. The Committee often recs who they ant as chair and I think Boards do usually agree with the committee. but they are not retired to.
DeanJ
Posts: 1,786
Posted:
Yes, the board should intercede because appointments and removal from all committee are at the pleasure of the board, not the committee chair.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DeanJ on 01/20/2024 7:09 PM
Yes, the board should intercede because appointments and removal from all committee are at the pleasure of the board, not the committee chair.

I agree.

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