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president as ex officio re nominating committee meetings


cam

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Our Guidelines for the Nominating Committe state in part:

3. All interviews with candidates should be treated with strict confidence. It is suggested that discussion about a candidate be limted to the members of this Committee. While a point of general information may be discussed with a member of the Board of Directors, specific items concerning the candidate should not be discussed with the Board of

Directors.

These guidelines have been used for many years and recently updated by the President, but they are not part of the by-laws.

Our President sent the nominating committee a letter stating: "As I am an ex officio member of all committees, I will be attending your meetings".

Is he permitted to attend meetings when we discuss candidates we want to appoint and is he permitted to attend the actual interviews.

Thank you,

CAM

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Is he permitted to attend meetings when we discuss candidates we want to appoint and is he permitted to attend the actual interviews.

An ex-officio member is as much a member as any other member, though RONR specifically advises against making the president an ex-officio member of the nominating committee. You might want to double-check your bylaws.

See also FAQ #2.

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Is he permitted to attend meetings when we discuss candidates we want to appoint and is he permitted to attend the actual interviews.

This all hinges on whether the President's claim that he is an ex-officio member is true. If he is an ex-officio member, he has the same rights as any other member of the committee and may attend all meetings of the committee. If he is not a member, then it is up to the committee to determine whether and when he may attend. You will need to look to your organization's rules to see if the President is an ex-officio member of the nominating committee (and if he is, I would advise changing those rules).

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This all hinges on whether the President's claim that he is an ex-officio member is true. If he is an ex-officio member, he has the same rights as any other member of the committee and may attend all meetings of the committee. If he is not a member, then it is up to the committee to determine whether and when he may attend. You will need to look to your organization's rules to see if the President is an ex-officio member of the nominating committee (and if he is, I would advise changing those rules).

The term "ex officio" is not contained in our by-laws.

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OK. But do the bylaws say the President shall be a member of all committees? It could say so without the specific term "ex-officio". Your somewhat qualified answer leaves me with an itch still not scratched.

Wacky bylaws as we've seen notwithstanding, since the President used the term "ex-officio" I'd say there is nothing in the bylaws about him being a member directly or he would have used that language. Unless he is in fact a member of the committee, however that may have gotten appointed, I'd think he's pulling a power play.

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