Guest mary Posted January 29, 2012 at 04:03 AM Report Share Posted January 29, 2012 at 04:03 AM I don't know if this is the forum for this question, but it is the closest I could find.Can a subcommittee keep processing information confidential from the board and only report its recommendation? In this case, can a subcommittee keep resume's confidential as a search committee and only release information on their recommended two or three candidates to the full board? Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted January 29, 2012 at 10:36 AM Report Share Posted January 29, 2012 at 10:36 AM (It's 5 AM, so I'm wingin' it.)One point, if this is a subcommittee, then there is the primary committee between that subcommittee and the board itself. Normally the subcommittee would report to the committee only. Now, I can't say how comprehensive or strong that "normally" is.Of course, in the committee/ higher body relationship, whether a committee to a board or membership assembly, or a subcommittee to its parent committee, the lower does have some independence. RONR makes plain that the higher, when it receives the report of the lower, cannot mess with it. Implying that the lower group, in its report, has complete freedom in what to say in its report. This statement is modified, perhaps compromised if not fatally flawed, maybe its legs bitten off by crocodiles, by the fact that the superior body can give the lower body instructions, which that lower body must comply with.And committees, including subcommittees, generally meet in executive session, or I think they used to be until last september. If so, I do wonder how much authority the higher body has, to cause the lower body to violate its commitment to partiality.But it might well be that the higher body, while not free to modify the committee's report to it, can instruct the committee to turn over all its materials. Link to comment Share on other sites More sharing options...
tctheatc Posted January 29, 2012 at 12:43 PM Report Share Posted January 29, 2012 at 12:43 PM What is the charge of the sub-committee? Or of the committee, for that matter? That's where you should find your answer(s). If the sub-committee IS a (search) committee(as you seem to indicate), to whom are they answerable? Another committee or the membership? That should be clearly stated in the bylaws (if a standing cmte) or in the minutes of the meeting where the sub,search, cmte was created. Link to comment Share on other sites More sharing options...
Trina Posted January 29, 2012 at 02:56 PM Report Share Posted January 29, 2012 at 02:56 PM I don't know if this is the forum for this question, but it is the closest I could find.Can a subcommittee keep processing information confidential from the board and only report its recommendation? In this case, can a subcommittee keep resume's confidential as a search committee and only release information on their recommended two or three candidates to the full board?Do you mean that the board (which the subcommittee presumably reports to) is saying something like, "Hand over all the resumes you looked at, and your notes from candidate interviews while you're at it." ? And that the subcommittee wants to know if it is obligated to comply?What was the charge of the subcommittee? And, has the subcommittee already reported, or are the committee members simply anticipating possible questions from the board during an upcoming report?edited:And I guess there's a lurking confusion about the circumstances -- do you truly mean a subcommittee, which is under the authority of a committee, which in turn is under the authority of the board? Or was the term 'subcommittee' used casually, and are you really just talking about a committee of the board? Link to comment Share on other sites More sharing options...
Steven Britton Posted January 29, 2012 at 05:21 PM Report Share Posted January 29, 2012 at 05:21 PM I don't know if this is the forum for this question, but it is the closest I could find.Can a subcommittee keep processing information confidential from the board and only report its recommendation? In this case, can a subcommittee keep resume's confidential as a search committee and only release information on their recommended two or three candidates to the full board?Hi Mary:This an interesting question. Under Robert's the sub-committee is obligated to directly act within the instructions and limitations given to it by the committee, and the committee is obligated to act directly within the instructions and limitation of the appointing assembly.The question might be: is the committee free to give instructions that are otherwise outside of the instructions of the assembly, hmn. I'm still pondering an answer. I believe more specific info is necessary.Anyway, if you're organization is a public body (you mentioned resumes), you might need to check with a attorney. Some states have these pesky laws called Freedom of Information Acts that may apply to governmental or quasi-governmental bodies; also, most parliamentarians are not lawyers (and most lawyers aren't parliamentarians). Link to comment Share on other sites More sharing options...
Guest Mary Posted January 29, 2012 at 10:44 PM Report Share Posted January 29, 2012 at 10:44 PM This is very helpful. Yes - I used subcommittee inaccurately. It is a committee of the board. It is not a public agency. If I am hearing everone accurately then if the Board approved a process whereby the committee brings back final candidates, then the subcommittee can keep the information about those they rejected from the larger board. I assume then that there would have to be board action to change that. Am I hearing accurately? Link to comment Share on other sites More sharing options...
Steven Britton Posted January 29, 2012 at 11:38 PM Report Share Posted January 29, 2012 at 11:38 PM The committee would be responsible to the board relative to what ever rules and instructions to it currently, or in the future apply. Also, committees are expected to follow any rules of the organization that apply, and are not free to make their own rules, unless the instructions provided to them give them that opportunity. Link to comment Share on other sites More sharing options...
Guest Mary Posted January 30, 2012 at 01:49 AM Report Share Posted January 30, 2012 at 01:49 AM Steven - I thank you for a clear answer to my question. I know what I need to do. Thank you to all. Link to comment Share on other sites More sharing options...
Trina Posted January 30, 2012 at 11:31 AM Report Share Posted January 30, 2012 at 11:31 AM This is very helpful. Yes - I used subcommittee inaccurately. It is a committee of the board. It is not a public agency. If I am hearing everone accurately then if the Board approved a process whereby the committee brings back final candidates, then the subcommittee can keep the information about those they rejected from the larger board. I assume then that there would have to be board action to change that. Am I hearing accurately?Steven - I thank you for a clear answer to my question. I know what I need to do. Thank you to all.But Mary... you haven't really gotten a clear answer to your central question yet, let alone a consensus .Nancy N allowed as how it could go either way, TC and I mainly asked questions I think (still mainly unanswered, by the way), and Steven gave some general guidelines about following rules and instructions. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted January 30, 2012 at 08:04 PM Report Share Posted January 30, 2012 at 08:04 PM I agree with Trina (and not just 'cause I know what's good for me). Link to comment Share on other sites More sharing options...
Trina Posted February 9, 2012 at 11:53 PM Report Share Posted February 9, 2012 at 11:53 PM OK, since Mary has apparently abandoned her thread, I would like to pursue some aspects of her question.Taking one possible scenario that fits into the general picture given in the original post:The board of an organized society creates a search committee, with the responsibility of ultimately reporting to the board with two or three recommendations for a qualified person to act as curator of the society's extensive collection of antique telecommunications equipment. The committee works for several months, searches for candidates, conducts phone interviews with ten people, interviews four of those in person (notes of the interviews are kept), and eventually reports to the board with detailed information about the two candidates the committee ultimately selected as most qualified. No formal minutes of committee meetings are kept.1) At the board meeting prior to the meeting at which the report is to be presented, could the board give additional instructions to the committee, requiring that all resumes and interview notes for all of the candidates be turned over to the board?2) Could the board give such instructions immediately after the committee's report has been presented, and would the committee be required to comply? Since a special committee 'ceases to exist as soon as the assembly receives its final report' (RONR 11th ed. p. 502 ll. 28-29), perhaps there is no longer a committee which can obey the instructions (... there's no 'there' there...).3) What if the report is presented, the committee (which was a special committee) is clearly no longer in existence, and the board (one month later) decides that it wants the resumes and interview notes, which are believed to be in the custody of the former committee chairman? Link to comment Share on other sites More sharing options...
Josh Martin Posted February 10, 2012 at 02:44 AM Report Share Posted February 10, 2012 at 02:44 AM But Mary... you haven't really gotten a clear answer to your central question yet, let alone a consensus .Nancy N allowed as how it could go either way, TC and I mainly asked questions I think (still mainly unanswered, by the way), and Steven gave some general guidelines about following rules and instructions.Well, now that we've clarified that this is indeed a committee of the board, I'm with Mr. Britton on this one. By default, it's up to the committee to choose what it discloses, but the board may order the committee to turn over information if desired. This assumes, of course, that there are no rules or applicable laws on the subject - and I would not be surprised if there were such rules or laws, given the subject matter of the report.1) At the board meeting prior to the meeting at which the report is to be presented, could the board give additional instructions to the committee, requiring that all resumes and interview notes for all of the candidates be turned over to the board?Assuming that for this question (and the following questions) that there are no rules or applicable laws on the subject...Yes. See RONR, 11th ed., pg. 177, lines 13-17.2) Could the board give such instructions immediately after the committee's report has been presented, and would the committee be required to comply? Since a special committee 'ceases to exist as soon as the assembly receives its final report' (RONR 11th ed. p. 502 ll. 28-29), perhaps there is no longer a committee which can obey the instructions (... there's no 'there' there...).Well, as you note, the assembly can't really give the committee instructions at that point since the committee no longer exists, but the board is certainly free to order whoever has the committee's documents to turn them over to the board.3) What if the report is presented, the committee (which was a special committee) is clearly no longer in existence, and the board (one month later) decides that it wants the resumes and interview notes, which are believed to be in the custody of the former committee chairman?As above, the board can't give instructions to a committee which doesn't exist, but it can certainly order the former committee chairman to turn over the documents. Link to comment Share on other sites More sharing options...
David A Foulkes Posted February 10, 2012 at 02:54 AM Report Share Posted February 10, 2012 at 02:54 AM I suppose it's me, but it seems that a committee which is acting under charge of the Board or the membership would be expected to turn over all such materials as it had accumulated during its work, much as the Treasurer turns over the books when leaving office, or the Secretary turning over the minutes. Those papers, resumes, and such as the committee accumulated would seem to be the "property" of the appointing body, if not the membership. Is that just a naive viewpoint? Link to comment Share on other sites More sharing options...
Josh Martin Posted February 10, 2012 at 03:06 AM Report Share Posted February 10, 2012 at 03:06 AM I suppose it's me, but it seems that a committee which is acting under charge of the Board or the membership would be expected to turn over all such materials as it had accumulated during its work, much as the Treasurer turns over the books when leaving office, or the Secretary turning over the minutes. Those papers, resumes, and such as the committee accumulated would seem to be the "property" of the appointing body, if not the membership. Is that just a naive viewpoint?If RONR is controlling, all the committee is required to turn over (by default) is the committee's report and any documents referred to it by the society. (RONR, 11th ed., pg. 460, lines 6-12; pg. 499, lines 7-10) The committee is not required to turn over documents which the committee has produced (other than its report) unless so ordered by the parent assembly.The flaw with the reasoning that all documents should always be turned over to the assembly is that in many cases, committees are appointed for the purpose of considering a subject of a sensitive nature so that many of the more sensitive details may be kept within the committee. In such a case, it would be counterproductive for the committee to turn all of its documents over to the parent assembly. Committees relating to discipline are an excellent example of this principle. Link to comment Share on other sites More sharing options...
Steven Britton Posted February 10, 2012 at 03:46 AM Report Share Posted February 10, 2012 at 03:46 AM I suppose it's me, but it seems that a committee which is acting under charge of the Board or the membership would be expected to turn over all such materials as it had accumulated during its work, much as the Treasurer turns over the books when leaving office, or the Secretary turning over the minutes. Those papers, resumes, and such as the committee accumulated would seem to be the "property" of the appointing body, if not the membership. Is that just a naive viewpoint?Hi David:There are instances where an employment search committee might not wish to turn over such documents. Perhaps a candidate that made the first round of interviews, but didn't make the final cut, doesn't wish for the superiors he presently works for to know he is looking for another position. Link to comment Share on other sites More sharing options...
Guest Roy Randolph Posted July 23, 2012 at 11:27 PM Report Share Posted July 23, 2012 at 11:27 PM As a board member the situation I am dealing with is the IRS (Internal Revenue Service) requirement for the minister of a church to report the details of the way he spends the automobile allowance the church provides in order for that allowance to be tax exempt. (IRS requirement stipulated in publication 463.) The minister reports (or may report) the required information to the Finance Committee of our board but I am not a member of the Finance Committee and I have not seen the data. The IRS says the details of the way the allowance is spent (payment on vehicle, miles driven, destinations, etc.) must be reported to the employer, which is the board. As a board member do I have access to the data collected by a committee constituted by the board, in this case the Finance Committee? Link to comment Share on other sites More sharing options...
Josh Martin Posted July 24, 2012 at 01:21 AM Report Share Posted July 24, 2012 at 01:21 AM As a board member do I have access to the data collected by a committee constituted by the board, in this case the Finance Committee?So far as RONR is concerned, no, an individual board member does not have the right to that data, but the board may order the committee to provide that data by majority vote.How the IRS regulation applies to this matter is beyond the scope of RONR and this forum. You may need to consult an accountant and/or a lawyer.For future reference, it is generally best to post a new question as a new topic rather than adding it to an old one, even if the subject is similar. Link to comment Share on other sites More sharing options...
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