Wrong side. He didn't claim to be uninvolved with a16z's decision, but with ebay's. He resolved the conflict by walling himself off from one side of it, not by absenting himself from the process entirely.
The shareholders could simply kick him out if they felt he wasn't doing his job. Instead they re-elected him with near-unanimity.
The alleged behavior in question is not that he didn't do his job, but that he committed various torts and federal crimes.