Leo Posted September 8, 2011 at 03:05 PM Report Share Posted September 8, 2011 at 03:05 PM According to the bylaws the president appoints standing committee chairs with the approval of the board.According to RONR… the members of such a committee serve for a term corresponding to that of the officers, or until their successors have been chosen, unless the bylaws or other rules otherwise expressly provide. Thus, a new body of committee members is normally appointed at the beginning of each administration.The president elected for a second term appoints Susan chair of the standing committee she chaired during the president’s previous term in office.The newly elected members of the board reject the appointment by a 14 to 12 vote.Is there now a vacancy in that position or does Susan remain until her successor is appointed and approved? Link to comment Share on other sites More sharing options...
jstackpo Posted September 8, 2011 at 03:48 PM Report Share Posted September 8, 2011 at 03:48 PM I read the "or until..." phrase as stating that Susan remains as chair until the president finds someone that the Board approves of.Too bad (but too late now) that the returning president formally re-appointed Susan. If he'd left well enough alone the Board could do nothing about it and Susan would remain as chair, no question. Link to comment Share on other sites More sharing options...
Robert B Fish Posted September 8, 2011 at 03:53 PM Report Share Posted September 8, 2011 at 03:53 PM I assume you meant that the motion to approve her failed on a vote of 12 to 14. (Hopefully you didn't consider a motion to disapprove her that passed 14-12.)Since the bylaws say she serves "...OR until their successors have been chosen..." (emphasis added), her appointment may be rescinded by the board, in which case there would be a vacancy.If all they did was decline to approve her having a second term, she serves until her successor has been chosen. It's up to you to determine what CHOSEN means in this case. (Does it begin when the president announces another choice or when the board approves.)-Bob Link to comment Share on other sites More sharing options...
jstackpo Posted September 8, 2011 at 04:13 PM Report Share Posted September 8, 2011 at 04:13 PM Since the bylaws say she serves "...OR until their successors have been chosen..." (emphasis added), her appointment may be rescinded by the board, in which case there would be a vacancy.-BobI would question that conclusion. The ONLY appointing authority is the president -- the board can only veto an offered person. The board cannot (formally) appoint some other choice. (It could make "suggestions", of course, that the president if free to ignore.)Since the president is the only appointing authority, he/she would be the only removal (or re-appointment) authority. Once someone is in the position, the Board is powerless. The board cannot rescind it's earlier approval of the current chairman, since the person has taken the position as soon as the approval is adopted. Nothing left to rescind. Link to comment Share on other sites More sharing options...
Leo Posted September 8, 2011 at 08:32 PM Author Report Share Posted September 8, 2011 at 08:32 PM I would question that conclusion. The ONLY appointing authority is the president -- the board can only veto an offered person. The board cannot (formally) appoint some other choice. (It could make "suggestions", of course, that the president if free to ignore.)Since the president is the only appointing authority, he/she would be the only removal (or re-appointment) authority. Once someone is in the position, the Board is powerless. The board cannot rescind it's earlier approval of the current chairman, since the person has taken the position as soon as the approval is adopted. Nothing left to rescind.Although the president was elected to a second term, a good portion of the board is newly elected.This board is not the same board that previously approved the chair, Susan.This board did not approve the re-appointment of Susan.Why can't this board by a two-thirds vote rescind the previous appointment and thus create a vacancy in that position. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 8, 2011 at 10:05 PM Report Share Posted September 8, 2011 at 10:05 PM According to the bylaws the president appoints standing committee chairs with the approval of the board.According to RONR… the members of such a committee serve for a term corresponding to that of the officers, or until their successors have been chosen, unless the bylaws or other rules otherwise expressly provide. Thus, a new body of committee members is normally appointed at the beginning of each administration.The president elected for a second term appoints Susan chair of the standing committee she chaired during the president’s previous term in office.The newly elected members of the board reject the appointment by a 14 to 12 vote.Is there now a vacancy in that position or does Susan remain until her successor is appointed and approved?All of this requires a full reading of your bylaws, but I would present the following question for you to consider during your contemplation. Is there a successor? Link to comment Share on other sites More sharing options...
jstackpo Posted September 8, 2011 at 10:31 PM Report Share Posted September 8, 2011 at 10:31 PM Although the president was elected to a second term, a good portion of the board is newly elected.This board is not the same board that previously approved the chair, Susan.This board did not approve the re-appointment of Susan.Why can't this board by a two-thirds vote rescind the previous appointment and thus create a vacancy in that position.Well, the Board is still the "same Board", it just has some different people. Anything the "previous" board (by which I mean that same board with different members) adopted is still binding on the "current" board.Why not rescind to remove? As I read p. 297, line 32 ff. & p. 298, the "Action" that took place when the board approved the president's nomination/appointment of Susan was that Susan became a member of the Board. This appears to me as an "action impossible to undo". The board could, if it wished, say "we made an error" in approving the appointment, lo those many months ago, but the board's (newly expressed) disapproval isn't going to remove Susan from the board. It is analogous to an election to office, as noted on p. 298. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 8, 2011 at 10:40 PM Report Share Posted September 8, 2011 at 10:40 PM See p. 480, l. 3-7. It appears that the committee is appointed essentially as is indicated in method "c." Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 8, 2011 at 10:56 PM Report Share Posted September 8, 2011 at 10:56 PM Since the bylaws say she serves "...OR until their successors have been chosen..." (emphasis added), her appointment may be rescinded by the board, in which case there would be a vacancy.But it's not the bylaws that Leo is quoting here, it's RONR.....the "Action" that took place when the board approved the president's nomination/appointment of Susan was that Susan became a member of the Board. How does being appointed to chair a standing committee make a person a member of the Board? Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 8, 2011 at 11:03 PM Report Share Posted September 8, 2011 at 11:03 PM But it's not the bylaws that Leo is quoting here, it's RONR.How does being appointed to chair a standing committee make a person a member of the Board?I thought Dr. Stackpole simply typed "board" in place of "committee," obviously using J.J's keyboard. Link to comment Share on other sites More sharing options...
jstackpo Posted September 8, 2011 at 11:03 PM Report Share Posted September 8, 2011 at 11:03 PM My typo / error...Susan was appointed to the committee. Sorry for the confusion. Link to comment Share on other sites More sharing options...
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