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Do existing, or rather: ought existing bylaws define role of standing committee?


Guest Judah

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If my taxing, municipal org's bylaws include statement defining the role/function of each standing committee, for this example let's use "policy committee," and bylaws state that the policy committee shall create, craft, discuss and offer to the board new policies, would it be improper then for the board president acting apart from and without the board's knowledge, to craft new policy with someone in the organization but not on the board or a member of the policy committee?

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If my taxing, municipal org's bylaws include statement defining the role/function of each standing committee, for this example let's use "policy committee," and bylaws state that the policy committee shall create, craft, discuss and offer to the board new policies, would it be improper then for the board president acting apart from and without the board's knowledge, to craft new policy with someone in the organization but not on the board or a member of the policy committee?

They can draft such a policy and give it to the appropriate committee.

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I am of course not not presuming, nor willing to be taken as, practicing law without a license, I'm wondering if this is a "leading question."

Clearly if the bylaws say that only the "policy committee" can do such-and-such, nobody else should do such-and-such. Yes, Guest-Judah?

So is the question that the board president might be encroaching on someone else's turf? Or is it that the board president has presumed to think for himself, possibly with a friend, and the policy committee doesn't like it?

What does "crafting" mean?

What's going on, Judah?

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If my taxing, municipal org's bylaws include statement defining the role/function of each standing committee, for this example let's use "policy committee," and bylaws state that the policy committee shall create, craft, discuss and offer to the board new policies, would it be improper then for the board president acting apart from and without the board's knowledge, to craft new policy with someone in the organization but not on the board or a member of the policy committee?

It depends on exactly what the Bylaws say. The fact that the organization has a policy committee does not necessarily preclude others from drafting policies and proposing them to the board. Ultimately, this will be a question of bylaws interpretation for the organization to interpret for itself. See RONR, 11th ed., pgs. 588-591 for some general Principles of Interpretation.

Of course, if a majority of the board feels that the policies should be reviewed by the policy committee, then the solution is simple enough. The board is free to refer the proposed policies to the committee, whether or not the Bylaws require this.

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