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ex-officio


Guest Jim

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RONR says:

"If the ex-officio member is not under the authority of the society, he has all the privileges of board membership, including the right to make motions and to vote, but none of the obligations-.."

RONR is silent for the situation of

"If the ex-officio member is under the authority of the society,"

So if there is nothing in the association's rules about this second case,

do the ex-officio members have the right to make motions and vote?

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Not so. See FAQ #2.

from the FAQ

"Without exception, ex-officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote."

I do not follow how that statement is justified because of the conditional statement in RONR on pg 466

For instance, you could have an association rule that says

"The Prez is a non-voting ex-officio member of all committees."

Under that situation, the Prez would not be able to vote because the authority of the society.

The quorum issue is not the issue that I am asking about.

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For instance, you could have an association rule that says

"The Prez is a non-voting ex-officio member of all committees."

Under that situation, the Prez would not be able to vote because the authority of the society.

Bylaws can say all sorts of things. What we're concerned with on this forum is RONR and RONR says an ex-officio member has the same rights as any other member. If your bylaws say otherwise, follow your bylaws.

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Bylaws can say all sorts of things. What we're concerned with on this forum is RONR and RONR says an ex-officio member has the same rights as any other members. If your bylaws say otherwise, follow your bylaws.

Well then I suggest that the FAQ be changed to

"Unless the bylaws or standing rules state otherwise, ex-officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote."

just saying...

The 'without exception' preface is misleading.

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Well then I suggest that the FAQ be changed . . .

Perhaps you missed this statement at the top of the FAQs:

CAUTION:

THE ANSWERS GIVEN HERE TO THE QUESTIONS PRESENTED ARE BASED UPON THE RULES CONTAINED IN ROBERTS RULES OF ORDER NEWLY REVISED. THESE RULES ARE, IN EFFECT, DEFAULT RULES; THAT IS TO SAY, THEY GOVERN ONLY IF THERE ARE NO CONTRARY PROVISIONS IN ANY FEDERAL, STATE OR OTHER LAW APPLICABLE TO THE SOCIETY, OR IN THE SOCIETY'S BYLAWS, OR IN ANY SPECIAL RULES OF ORDER THAT THE SOCIETY MAY HAVE ADOPTED. THIS FACT MUST ALWAYS BE KEPT IN MIND WHEN READING ANY OF THE ANSWERS GIVEN.

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RONR is silent for the situation of

"If the ex-officio member is under the authority of the society,"

So if there is nothing in the association's rules about this second case,

do the ex-officio members have the right to make motions and vote?

Yes. RONR continues the quote you provided with "(that is, if he is a member, officer, or employee of the society), there is no distinction between him and the other board members." (emphasis added)

That is, whatever rights and responsibilities a non-ex-officio member has, so to does the ex-officio member, including the right to make motions and vote. I'd hardly call that silent.

The exceptions noted in the FAQ deal primarily with whether the ex-officio member should be counted towards the quorum. It goes on to say "Again, however, it should be emphasized that in these instances the ex-officio member still has all of the rights and privileges of membership, including the right to vote." The rights of the ex-officio member are still in effect.

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OK, I'm really confused. The rules of my Association say that the Secretary does not have to be a member of the Board. If the Boards appoints someone to be Secretary, other than a Board member, is that person now an ex offico member of the Board with full privileges including voting ? Are committee appointees who are not Board members now ex officio board members also. Seems like a Board could expand themselves into a voting block and take control by just appointing preferred folks to committee functions and or/ Officer roles.

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If the Boards appoints someone to be Secretary, other than a Board member, is that person now an ex offico member of the Board with full privileges including voting ?

No. In your organization, one can wear the secretary's hat without also wearing the board member's hat.

Are committee appointees who are not Board members now ex officio board members also.

No. An ex-officio member of the board would be someone who, by virtue of holding one office, is automatically a member of the board. Should that person cease to hold the first office, he would cease to be a member of the board. The board would have nothing to say about it.

You have no ex-officio board members unless your bylaws say so. The board can't just make it up as they go along.

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