Guest julie_scott Posted March 31, 2011 at 07:01 PM Report Share Posted March 31, 2011 at 07:01 PM The organization that I am a part of typically has the president review all appointment requests to be a member. They are not required to go through a committee to be reviewed prior to being brought before our organization. Our president currently refuses to appoint several people who meet the qualifications for the seat that they wish to be appointed for. They have done everything correctly but is there anything that can be done to appoint them? Can we make a main motion to appoint them in a meeting? Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 31, 2011 at 07:08 PM Report Share Posted March 31, 2011 at 07:08 PM The organization that I am a part of typically has the president review all appointment requests to be a member. They are not required to go through a committee to be reviewed prior to being brought before our organization. Our president currently refuses to appoint several people who meet the qualifications for the seat that they wish to be appointed for. They have done everything correctly but is there anything that can be done to appoint them? Can we make a main motion to appoint them in a meeting?What are the actual steps a prospective member have to go through in order to be a member? Not what is typically or customarily done but what do the bylaws or any applicable rules say? Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted March 31, 2011 at 07:56 PM Report Share Posted March 31, 2011 at 07:56 PM S1. The organization that I am a part of typically has the president review all appointment requests to be a member.S2. They are not required to go through a committee to be reviewed prior to being brought before our organization. You have a practice conflicting with your rules (or lack-of-rule).If your process (of "appointment requests to be a member") requires no review, then don't do a review. Comply with your customized process.Our president currently refuses to appoint several people who meet the qualifications for the seat that they wish to be appointed for. WAIT!Are you complaining that (a.) even though YOUR PRESDIENT DOES THE APPOINTING, that nonetheless,(b.) you think THE PRESIDENT, WHO IS EMPOWERED TO DO THE APPOINTING, MAY NOT REVIEW WHO/WHAT HE IS APPOINTING?That does not make sense.The appointing power must make a choice, TO APPOINT or TO NOT APPOINT.Therefore, the judgment of the appointing power is all-powerful.Yet you think the president need not withhold appointments?Q1. They have done everything correctly but is there anything that can be done to appoint them? Q2. Can we make a main motion to appoint them in a meeting?A1. No. The appointing power (namely, your president) is free to NOT appoint.A2. No. If the power to appoint lies with your president, by rule, then you cannot disobey your rule and overrule the appointing power's judgment to withhold the appointment. Link to comment Share on other sites More sharing options...
hmtcastle Posted March 31, 2011 at 08:54 PM Report Share Posted March 31, 2011 at 08:54 PM Our president currently refuses to appoint several people who meet the qualifications for the seat that they wish to be appointed for.Are you asking about accepting a person as a member of your organization or appointing a person (presumably a member) to a particular position (i.e. office or "seat")? Link to comment Share on other sites More sharing options...
Guest julie_scott Posted March 31, 2011 at 09:51 PM Report Share Posted March 31, 2011 at 09:51 PM The organization that I am speaking of is Student Senate. All members are (unless appointed) voted for in the general student body election. We have several colleges within the university that I am a part of, and the Senate apportions several seats for each college. Those wishing to be appointed to serve as a senator are within their respective colleges. Our statutes state the following when it comes to being appointed: Rule 2. Membership of the Senate.(a) Qualification of Senators. A member of the Student Body shall be considered a qualified Senator-elect uponreceipt by the President of certification of his or her election to the Senate from the Elections Commission, or aqualified Senator-designate upon the approval by a simple majority of the Senate of his or her nomination by thePresident. Before such a qualified Senator-elect or Senator-designate may assume membership, he or she shall beadministered the oath of office by the President as required by statute.( Reserved for future use.© Appointment to fill vacant seats. The President shall be empowered to nominate an eligible member of theStudent Body for appointment to any Senate seat which is not to be filled for the remainder of the session by otheraction provided for in this Rule. The President shall make a reasonable effort to provide that such nominees aremembers of the constituency they are to be appointed to represent. Such nominations shall be subject to approval by asimple majority of the Senate as described in clause (a) of this rule.[/b I understand that the Senate President may decide to appoint or not to appoint. I just feel as though the seats with no one in them should have a representative to speak on behalf of them and the issues that more they more closely are faced with. Would you say that there is anything that could be done to appoint them? Could someone move to do that? Our statutes never state that we could not move to appoint them. I am just wondering what our limitations are here. Thanks! Link to comment Share on other sites More sharing options...
hmtcastle Posted March 31, 2011 at 09:59 PM Report Share Posted March 31, 2011 at 09:59 PM I understand that the Senate President may decide to appoint or not to appoint.Actually, it looks like all the president can do is nominate someone. Filling the vacancy falls to the Senate itself.You'll have to interpret your own bylaws but it seems to me that there may be enough wiggle room so the Senate can fill the vacancy even if the president fails to submit a nominee. Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 31, 2011 at 10:02 PM Report Share Posted March 31, 2011 at 10:02 PM (a) Qualification of Senators. A member of the Student Body shall be considered a qualified Senator-elect uponreceipt by the President of certification of his or her election to the Senate from the Elections Commission, or aqualified Senator-designate upon the approval by a simple majority of the Senate of his or her nomination by thePresident. Before such a qualified Senator-elect or Senator-designate may assume membership, he or she shall beadministered the oath of office by the President as required by statute.Why doesn't the Elections Commission or the Senate elect these people rather than having the President nominate someone to fill the vacancy? Link to comment Share on other sites More sharing options...
Josh Martin Posted April 1, 2011 at 06:13 AM Report Share Posted April 1, 2011 at 06:13 AM Would you say that there is anything that could be done to appoint them? Could someone move to do that?It is up to your organization to interpret its own Bylaws. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.Why doesn't the Elections Commission or the Senate elect these people rather than having the President nominate someone to fill the vacancy?I suspect the clause referring to the Elections Commission involves positions elected by the general student body in regularly scheduled elections, and does not grant the Elections Commission the authority to fill a vacancy. Link to comment Share on other sites More sharing options...
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