Committees Created by Adopting a Standing Rule

[mmpullen]

Our organization has put the few committees that are integral to the internal functioning of the organization in the bylaws.  Our bylaws state "Such other committees, standing or special, shall be created as the membership shall from time to time deem necessary to carry on the work of the League."  We have listed "such other committees" created in this manner in our Policies & Procedures Manual (our compilation of standing rules).  We did this in order to avoid having to go through the bylaws amendment process every time we needed a new committee. Are we correct in considering these as standing rules according to RONR even though our bylaw doesn't explicitly refer to creating additional committees by adopting standing rules? 

[Josh Martin]

Our organization has put the few committees that are integral to the internal functioning of the organization in the bylaws. Our bylaws state "Such other committees, standing or special, shall be created as the membership shall from time to time deem necessary to carry on the work of the League." We have listed "such other committees" created in this manner in our Policies & Procedures Manual (our compilation of standing rules). We did this in order to avoid having to go through the bylaws amendment process every time we needed a new committee. Are we correct in considering these as standing rules according to RONR even though our bylaw doesn't explicitly refer to creating additional committees by adopting standing rules?

Yes, unless one or more of the following circumstances applies to one or more of the committees:

1.) The committee has standing authority to act for the society on certain matters without specific instructions from the assembly.

2.) Certain items of business are automatically referred to the committee.

3.) Some other rule of parliamentary procedure is affected by the committee's assigned function.

If one or more of those circumstances applies, establishing that particular standing committee requires a special rule of order. Otherwise, a standing rule is sufficient and the rules in question could be properly viewed as standing rules.

[mmpullen]

Yes, unless one or more of the following circumstances applies to one or more of the committees:

1.) The committee has standing authority to act for the society on certain matters without specific instructions from the assembly.

2.) Certain items of business are automatically referred to the committee.

3.) Some other rule of parliamentary procedure is affected by the committee's assigned function.

If one or more of those circumstances applies, establishing that particular standing committee requires a special rule of order. Otherwise, a standing rule is sufficient and the rules in question could be properly viewed as standing rules.

 

I don't think that either #1 or #3 apply to our committees, but I'm unsure about #2.

 

I interpret #2 to mean that the none of the bodies with the authority to act for the organization (membership, Board, Executive Committee) would have to take action to "refer" certain business to the committee in order for the committee to undertake study of said business and, if appropriate, make a recommendation to the appropriate body for action. For example, if the Legislative Committee can accept legislative issues for study as ordered by the Board, but also from other committees of the organization or from individual members of the organization or even our lobbyist, would the Legislative Committee need to be created by a special rule that allowed for it to receive such referrals "automatically"  without having to go through the Board? 

[Guest Nancy N.]

Now that you point it up, mmpullen, I've never quite understood how business is to be "automatically referred," so I'm watching to see how this shakes out.  (If the legislative committee accepts business from other committees or individual members or your lobbyist or alligator wrestler, how is that automatic?  I will hazard that the easiest other example will deal with a bylaws committee, because, sigh, it always does, so I'm hoping for something else.  Maybe leaks in the roof and Building & Grounds.)

[Hieu H. Huynh]

Here's an example from RONR of an item of business being automatically referred:

 

If the treasurer presents an unaudited annual report or other financial report that the bylaws require to be audited, and if there is a standing auditing committee or if auditors have already been chosen in some other manner, the chair, without waiting for a motion when the treasurer has finished reading his report, immediately says, "The report is referred to the Auditing Committee" (RONR 11th ed., p. 480, ll. 3-9).

[Dan Honemann]

For another example, a motion might be adopted establishing a Building & Grounds Committee to review and make recommendations with respect to all proposals relating to the association's real property, and providing that all motions relating thereto shall be automatically referred to this committee. In such a case, whenever any motion is made relating to the association's real property, the chair will announce that, in accordance with the assembly's rules, the motion is referred to the Building & Grounds Committee for its review and recommendation.

 

Adoption of the motion establishing such a committee will require the vote needed to create a special rule of order.

[Josh Martin]

For example, if the Legislative Committee can accept legislative issues for study as ordered by the Board, but also from other committees of the organization or from individual members of the organization or even our lobbyist, would the Legislative Committee need to be created by a special rule that allowed for it to receive such referrals "automatically" without having to go through the Board?

No, I don't think what you describe requires a special rule of order. A committee is free to consider proposals that it develops itself or that it receives from various sources.

If, in addition to what you describe, a motion regarding any legislative issue raised at a meeting of the board would be automatically referred to the committee, that would require a special rule of order.

[jstackpo]

The common theme of these examples is the phrase "item of business". The only way that a proposal to be considered by the assembly can become an "item of business" is by a member moving the adoption of a motion relating to that "item". And that is where condition #2 steps in and requires that the motion be automatically be passed to the appropriate committee (established by an adopted rule, &c.) for consideration and (presumably) a recommendation back to the assembly. Setting up this system requires the prior adoption of a special rule of order with all the details as to what "business" goes where, &c.

[Guest Nancy N.]

Thank you, g'mn.

[mmpullen]

Thank you ALL for the explanations and examples that have deconstructed #2 and helped me understand not only the correct interpretation, but HOW to interpret it.