Posted 13 August 2015 - 02:06 PM
"The league prez only votes as tie-breaker"
Is that specified in their Constitution or is that "just the way it has always been"?
Lots of people think Presidents only vote to break a tie - Not True !!!
Per Roberts Rules, the president, just like any BOD member, can vote on any item.
That said, if the president's vote "results in the vote being a tie" then the president cannot "vote again" to break the tie (the president doesn't get two votes).
So, for example, there are 10 members at a meeting.
There is a vote and it's 5-4 but the President sides with the 4.
So, the President votes and it ends up 5-5 and the item does not pass.
Now, if there were 11 and it was 5-5 the President could vote to break the tie or could abstain and leave it at 5-5.
For leagues that use the Sample/Recommended/Standard LL Constitution here is what it says:
Suspension or Termination:
Membership may be terminated by resignation or action of the Board of Directors as follows:
(a) The Board of Directors, by a two-thirds vote of those present at any duly constituted Board meeting, shall have the authority to discipline or suspend or terminate the membership of any Member of any class, including managers and coaches, when the conduct of such person is considered detrimental to the best interests of the Local League and/or Little League Baseball, Incorporated. The Member involved shall be notified of such meeting, informed of the general nature of the charges and given an opportunity to appear at the meeting to answer such charges.
In your case you have 8 members and a 75% vote needed to remove a Director.
First, what is the requirement for a BOD meeting quorum?
So, you call a meeting and you make sure you have a Quorum.
Now, you need a 75% vote of the BOD Members present at that meeting to remove the Director.
If your Constitution does not say the individual involved does NOT get a vote then he/she gets a vote (in my opinion).
One could argue he/she has a conflict of interest and maybe you could "not allow" him/her to vote based on that but that might be arguable.
The individual could probably argue the BOD Member "bringing the charges" also has a conflict of interest so he/she shouldn't get a vote!