Representatives and duty to consult

[sMargaret]

I belong to an organization that is currently revising our bylaws and policies. According to our current bylaws, our members are our "chapters". Each chapter is represented by a representative or alternate, elected or appointed by each chapter in accordance with their own process. Each chapter receives one vote.

As a side note - there is nothing keeping a represntative from belonging to more than one chapter, and it has been customary to allow a rep serving for more than one chapter more than one vote (which I believe we should definitely explicitly allow in the bylaws, or at least to pull it out for discussion, to ensure it's happening on purpose).

Other people may also attend, but do not receive a vote.

We have had a question from a representative asking for clarification about how they can bring forward a motion, or act at a meeting - do they need to seek direction from their chapter, or are they considered to have decision making power on their own? Are they acting as their own person, able to discuss matters based on what they think, or are they merely representing the desires of their home organization?

My question: can someone point me towards a reference that I can use in this discussion? I must be feeling particularly slow, as all I can think to say is that it's always been done this way, or that's not how it works in government, or there's a reason we have people rather than robots attending, and the person asking the question would prefer something better as a reason (as indeed would I).

Thanks!

[Chris Harrison]

I don't think that RONR directly answers your question. However, I believe that it might be reasonable to argue that absent a specific instruction from the Chapter (or that the Chapter representative by custom keeps in lockstep with the Chapter regarding their viewpoint on the questions before the assembly) the Chapter representative would be free to vote how he or she sees fit.

What I might recommend is that the Chapter representives ASK their Chapters that question. Is there any specific instructions on how to vote on a specific motion or does the representive have the freedom to vote the way he wants (which hopefully would generally be the same way that a majority of the Chapter members would vote).

[Josh Martin]

As a side note - there is nothing keeping a represntative from belonging to more than one chapter, and it has been customary to allow a rep serving for more than one chapter more than one vote (which I believe we should definitely explicitly allow in the bylaws, or at least to pull it out for discussion, to ensure it's happening on purpose).

Your belief is correct, but "pulling it out for discussion" is insufficient. If it is desired to let representatives have more than one vote if they represent more than one chapter, this must be specified in the Bylaws. In the absence of a rule in the Bylaws stating otherwise, all members have only one vote, regardless of how many chapters they represent. (RONR, 11th ed., pg. 407, lines 1-8)

We have had a question from a representative asking for clarification about how they can bring forward a motion, or act at a meeting - do they need to seek direction from their chapter, or are they considered to have decision making power on their own? Are they acting as their own person, able to discuss matters based on what they think, or are they merely representing the desires of their home organization?

My question: can someone point me towards a reference that I can use in this discussion?

RONR doesn't address this subject directly, but the rules pertaining to conventions of delegates may be a helpful reference. This case seems similar, except that the "delegates" are elected for more than one session and no chapter has more than one "delegate." In conventions, the delegates are generally expected to act on behalf of the constituent society they represent, but they are free to exercise their own judgment unless instructed otherwise. See RONR, 11th ed., pg. 605, lines 26-29; pg. 606, lines 15-30.