Robert's Rules Has a Conflict of Interest Rule for Local Governments with No Conflict Provisions

The great majority of local governments that think they have no state
or local law or rules regarding local officials' conflicts of interest
do actually have a conflict of interest rule.<br>
<br>
This rule is hidden in Robert's Rules, which is usually the set of
rules under which local government bodies operate. Here is what it says
in §45 (Voting Procedure), in the first subsection on Rights and
Obligations in Voting (I'm quoting from the Perseus Publishing tenth
edition, pp.394-395):<br>
<br>

<ul>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.  For example, if a motion
proposes that the organization enter into a contract with a commercial
firm of which a member of the organization is an officer and from which
contract he would derive personal pecuniary profit, the members should
abstain from voting on the motion.  However, no member can be
compelled to refrain from voting in such circumstances.<br>
<br>
The rule of abstaining from voting on a question of direct personal
interest does not mean that a member should not vote for himself for an
office or other position to which members generally are eligible, or
should not vote when other members are included with him in a
motion.  If a member never voted on a question affecting himself,
it would be impossible for a society to vote to hold a banquet, or for
the majority to prevent a small minority from preferring charges
against them and suspending or expelling them.<br>
</ul>
<br>
Also, local governments that think they have no rules dealing with uncivil behavior actually have such rules, once again
hidden in Robert's Rules. In fact, it was a conversation about the
propriety of civility provisions in ethics codes that reminded me about
Robert's Rules on conflicts and civility.<br>
<br>
There is an entire chapter (XX, pp. 624 ff) on disciplinary procedures,
mostly concerned with disorder at a meeting, but also relevant to misconduct outside a meeting. Penalties include reprimand, censure, suspension, and expulsion.<br>
<br>
The chair is responsible
for keeping the order. However, the chair's decisions -- to act, fail
to act, or act a certain way -- can be appealed to the membership of
the body. Most problems are dealt with at the meeting itself, but
Robert's Rules sets out a disciplinary process in addition to this.<br>
<br>
Robert's Rules is, I think, a better place than an ethics code for
civility rules, which do not involve conflicts of interest. It is not
the best place for conflict of interest rules, but it does provide some
guidance and is, therefore, better than nothing.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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