Committee

[Guest Jim Meineker]

I appreciate some clarification on a committee chair and member situation.  Our bylaws do not state anywhere how committees are formed or populated and there is no mention of how a chairman is selected.  Can the President assume that power and act unilaterally to remove and replace a committee chairman that is being a roadblock?

 

Thanks,

Jim Meineker

 

 

[Gödel Fan]

How did the committee in question actually get formed, populated, and a chair named?

[Guest Jim Meineker]

The committee actually currently consists of a single person who is chairman.  He has been chairman for many years and I don't know how he was originally seated.  If it was done like most other things here, someone probably just asked him to do it and he accepted. 

[Hieu H. Huynh]

I appreciate some clarification on a committee chair and member situation.  Our bylaws do not state anywhere how committees are formed or populated and there is no mention of how a chairman is selected.  Can the President assume that power and act unilaterally to remove and replace a committee chairman that is being a roadblock?

 

Thanks,

Jim Meineker

 

No, the President only has such powers that the bylaws provide.

[Guest Jim Meineker]

So then, since the bylaws do not give any mechanics for appointment of these committees and positions, how do we go about it?  Do we need to add something to the bylaws or is there a suggested process?

[Hieu H. Huynh]

The assembly could adopt a motion to appoint the committees.

[Josh Martin]

So then, since the bylaws do not give any mechanics for appointment of these committees and positions, how do we go about it? Do we need to add something to the bylaws or is there a suggested process?

If the bylaws are silent on appointing committees, this authority rests with the assembly, which it may delegate in a particular case if it wishes to do so. The assembly may adopt a motion to remove this person or to replace him with someone else. This is a motion to Rescind or Amend Something Previously Adopted, which requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

If the society wishes to permanently grant someone else the authority to appoint committees (such as the President), then it would be necessary to amend the bylaws.

Additionally, for future reference, it is generally understood that members of standing committees serve for a term corresponding to that of the society's officers, unless the society's rules provide otherwise. They don't serve indefinitely.

[Guest Jim Meineker]

Thank you very much for your replies.  The bylaws that have been adopted and under which we are forced to operate are at best convoluted and confusing.  They are redundant in places and contradictory in others and then silent in important matters such as this.  

[jstackpo]

Time to establish a "Bylaws Review Committee"?

[Guest Patrick Corsney]

we are a nonprofit organization ( American Legion )that also has a bar. Can the manager be a part of the executive board or be assigned to the finance committee when he is a paid employee of the club even though he is also a paid up member ?

[jstackpo]

Any rules covering this sort of thing would have to be found in your bylaws, or standing rules.

 

Basically, barring any special rules of yours, it will be up to the voters to elect the manager to the board (or not), presuming election is how members get onto the board.

[Edgar Guest]

we are a nonprofit organization . . . 

 

For future reference, it's best to post your question as a new topic (I'm assuming your organization is not the same one as Mr. Meineker's). Click here for more information.