Victoria H.

We have found that a policy passed by the organization has a provision in it that conflicts with the Bylaws. My question is does this render the whole policy null and void or just the provision that conflicts?

I reviewed the Suspend the Rules section, and I think Daniel is correct: Only the Dean has the right the grant exceptions to policy, as stated in the Bylaws. Since it is not authorized to act "with power," the Committee cannot approve anything that conflicts with the assembly's rules (but could recommend to change those rules). The assembly can rescind or change its rules (including changing the rule to incorporate a specific exception), but cannot approve a program proposal that conflicts with an existing rule. Thanks for your feedback, everyone. This forum is very helpful for a new parliamentarian.

Richard - The rule does have application outside of the meeting; the rule itself doesn’t provide for exceptions; the only applicable rule is the Bylaw I mentioned above giving the Dean the right to grant exceptions.

Bruce - Point taken. How about “Since it is not authorized to act ‘with power,’ the Committee cannot approve anything that conflicts with the assembly's rules (but could recommend to change those rules).”

Daniel - That was my original assessment, but Gary’s comment seemed to indicate otherwise:

Daniel - given that rule exists, could the assembly vote to suspend the rules in order to approve a proposal to create a program that states that students in that program may take more than 15 credits in a semester?

Thanks for the input! My updated conclusions are: Only the Dean has the right the grant exceptions to policy, as stated in the Bylaws. Since it is not authorized to act "with power," the Committee cannot recommend to approve anything that conflicts with the assembly's rules (but could recommend to change those rules). The assembly can rescind or change its rules, and it can grant exceptions to its rules by Suspending the Rules on a case-by-case basis.

Gary - Even if the committee were authorized to act with power, wouldn't it still be unable to approve a motion that conflicts with an existing motion passed by the assembly? In Sections 49 and 56, it states that no action of a board can be in conflict with decision made by the assembly, and that a board cannot alter the decision of the assembly. Although this isn't stated outright, I assume that the same rules would apply to a committee authorized "with power" to act independently.

Thanks - The Bylaws give the Dean the right to give exceptions to any policy, so that is covered. The argument I am hearing is "since policy is made by the assembly, it should be able to grant exceptions." As I've stated above, I disagree: only the Dean has the right the grant exceptions to policy, as stated in the Bylaws. The Committee cannot recommend to approve anything that conflicts with the assembly's rules (but could recommend to change those rules). The assembly can rescind or change its rules but cannot grant exceptions to them.

Gary - I think you are saying that the committee has the right to recommend to the assembly a revision to the policy, which I have no argument with. My question is - if the assembly has a policy in place, can the committee approve a proposal that conflicts with that policy WITHOUT recommending a change to that policy (see my clarification above). In my opinion, that is giving the subordinate committee the power to overrule the decision of the assembly.

Sorry, I realize I wasn't clear about what "policy" means. Also I signed in - this is the original poster. The assembly has the ability to create academic policy at a university, such as "A student cannot take more than 15 credits each semester." If that policy is in force, the committee or the assembly itself cannot then approve a proposal to create a program where a student is allowed to take more than 15 credits in a semester. The committee cannot approve the motion to approve the proposal since it conflicts with the assembly's policy, and the assembly cannot approve it either, without changing or rescinding the original policy. And if by chance either does so (in ignorance of the original policy, for example), the motion to approve the proposal is null and void. Is that correct?

I'm in academia, so we don't meet over the summer. Our last meeting of the academic year will be the first week of May, and then the group won't meet again until mid-September. If a member brings up an item of new business at the May meeting, can it be laid on the table/postponed until the September meeting? Or will the QTI require that it be reintroduced at the September meeting, and laid on the table/postponed until October? To further complicate things, roughly half the membership turns over in the interval.

Thanks! That confirms what I thought. I'm glad to get an expert opinion because I am new to this.