Unhappiness with a committee decision

[Moderator Tim]

This continues a question I began a few days ago. I recognize that it ultimately involves a bylaws interpretation, which is not what this forum is prepared to answer. But there is a parliamentary angle that I believe (or at least hope) can be dealt with here.

At our Conference, a certain committee is tasked in our bylaws with the arrangements for the Conference. Some in the wider church are unhappy with one particular decision of the committee. Ultimately, this is a bylaw interpretation, and the Conference could choose to deal with that directly by changing/amending the bylaws. That much is clear to me.

What is less clear is if some at the Conference want to express their displeasure with the committee. Could someone make a motion instructing the committee to reverse that decision? Even if it passed with a majority vote, I assume it would not be binding without the change in bylaws. But would the motion be in order?

I assume this would essentially be a motion of censure?

[Guest Edgar]

Could someone make a motion instructing the committee to reverse that decision?

It might be possible for the body to which the committee is subordinate to rescind (or otherwise amend) the committee's decision. See Official Interpretation 2006-13 for a possibly analogous situation.

[jstackpo]

Depending, of course, on the exact wording in the bylaws, it might be improper to make a motion to "instruct" the committee, but there is nothing wrong with a "request" that the committee change something.

And I don't see such a request as rising (or sinking) to the level of a censure. Or at least it is a very mild form of one, presuming the other work the committee did (sounds as though they have a though job) met everybody's expectations (or exceeded them).

[Moderator Tim]

I, as Moderator of the conference, am also chair of this particular committee. You are correct, the job is tough, but, strangely, only on this point.

Should such a motion come, would I need to recuse myself?

[Chris Harrison]

I believe that a motion to instruct the Committee to reverse their decision would be out of order. If the Committee is merely reporting their recommendations to the Membership then they could merely decide to do what they wish to do the Committee's recommendation notwithstanding. If the Committee was given full power to do their job without having to get the Membership's OK then it would not be proper to instruct them like that. However, depending on the circumstances it might be possible to Rescind/Amend the Committee's actions (see RONR pp. 305-310 and Official Interpretation 2006-13 for details).

While it is possible to censure the Committee I think it is quite inappropriate to do so if the Committee was doing its job and the Membership doesn't like what they decided. If the Membership doesn't like what they decided then they can Refer the matter to another committee, reject the recommendation(s), or Rescind/Amend the Committee's decision.

[Gary Novosielski]

I, as Moderator of the conference, am also chair of this particular committee. You are correct, the job is tough, but, strangely, only on this point.

Should such a motion come, would I need to recuse myself?

No.

But in general, instructing a committee, or amending or rejecting a committee's recommendation, are not at all the same as censure. Censure says that they did something that deserves condemnation. It's not used to convey that you disagree with their point of view.

[jstackpo]

Recuse? As moderator, no. This gives you a fine chance to show the congregation what a fine IMPARTIAL moderator you are. Just treat it like any other motion, don't participate in any of the debate (don't even roll your eyes), and process the motion "by the book".

[Moderator Tim]

Thanks! I'd rather work out my anxiety here than in front of the whole group. You know what the Boy Scouts say: Be prepared!

[Chris Harrison]

I, as Moderator of the conference, am also chair of this particular committee. You are correct, the job is tough, but, strangely, only on this point. Should such a motion come, would I need to recuse myself?

I don't know if this situation rises to the level of needing to turn over the Chair since the motion doesn't involve just you but the rest of the Committee as well as long as you can remain impartial and don't want to jump into the fray when it is pending. However, it might be a good idea to do so anyway since it seems that some of the Membership are unhappy with the Committee and your impartiality could be called into question (even if it was perfectly intact) if you decide to preside over the question.

[jstackpo]

If you do decide to "recuse" yourself, the vice-moderator (if you have one) will automatically step up and preside - see p. 452. Is he/she prepped for this awesome responsibility?

[Moderator Tim]

Well, if only it were that simple. Our "moderator-elect" is part of the committee in question, too. It so happens that we'd have two other options: the immediate past moderator (probably the best choice in our particular scenario) or this year's parliamentarian, who was moderator of this body about 15 years ago.

On a completely different note, we do have the tradition of having the Moderator step aside for one item of business to allow the Moderator-Elect some experience. I was glad for that, last year.