Board Rights for Non-Elected Members

[Guest YFaure]

I am the Chairperson for an college organization. In the Executive Board meetings, which are held weekly, there are the following present:

• President*
  
• Vice-President*
  
• Secretary*
  
• Treasurer*
  
• Chairman (myself)
  
• Academic Advisor
  

The four main officers (*) were elected by the general membership. I volunteered myself as Chairperson, but the officers took a vote and unanimously voted me in as Chair. Our academic advisor, however, was voted in. He merely started to attend the meetings for the sake of his role as advisor for the organization. According to the college's description of the advisor, it states, "Advisors should work with student groups, but should not direct nor dictate the organization’s programs and activities. However, advisors should be frank in offering suggestions, considerations, or ideas for the group’s discussion."

So my question is, does the advisor have any rights during the E.B. meetings? (primarily making motions and voting)

And do I, the Chair, have such rights as well?

Thank-you in advance for your help!

[Chris Harrison]

Do the bylaws say that the Chair and Advisor are members of the Executive Board? If they are then the have all of the rights of membership per RONR p. 3 (subject to any restrictions that the bylaws or RONR may impose). If the bylaws don't say that the Chair and Advisor are Board members then they have no rights though the Board can by a 2/3 vote allow them to make motions or enter into debate or by majority vote allow them to address the Board when no question is pending. However, under no circumstances can someone who is not a member be allowed to vote (RONR p. 263 ll. 18-24).

[sMargaret]

though the Board can by a 2/3 vote allow them to make motions or enter into debate or by majority vote allow them to address the Board when no question is pending

To clarify - would such a vote need to be taken at the time of each meeting, or could it be done just once?

[Guest Edgar]

I volunteered myself as Chairperson, but the officers took a vote and unanimously voted me in as Chair. Our academic advisor, however, was voted in.

Perhaps you meant to say that the advisor wasn't voted in? In any event, as Chris H. noted, what matters (at least as far as RONR is concerned) is whether the adivsor (and, for that matter, the chair) is a member of the board, not how he may have gotten to be a member (e.g. whether elected or just because the rules say he is).

[Chris Harrison]

To clarify - would such a vote need to be taken at the time of each meeting, or could it be done just once?

I would say that it would need to be done every meeting (unless they want to adopt a Special Rule).

[Guest YFaure]

Thank-you all for your help. I also have a question in regards to "ex-officio." I've read various definitions of ex-officio, but still don't quite understand it. One website states that the ex-officio is "refers to a method of sitting with a body, not a "class" of membership."

So would the advisor, by virtue, be an ex-officio? According to our constitution, it states "The governing authority of the organization shall be vested in the Organization's Executive Board." which we define the EB to be the four main officers listed above.

[Guest YFaure]

Which by the way - the college requires that every organization have an academic advisor. The advisor, however, is a volunteer, and becomes an advisor at his/her own discretion. So would this affect the advisor's role, if he were to be an ex-officio or not?

[Gary c Tesser]

I have had the idea that ex-officio members have to be specified in the bylaws, but I'm not finding it now. (Hellp, someone!) In any event, ex-officio board members are "persons who are members of the board by virtue of an office or committee chairmanship held in the society ... (etc.)" (p 483). Note that this differs from what you read on that other website. (And what's a method of sitting, anyway?)

In your instance, Guest YFaure, the advisor is an ex-officio member if the organization accepts that the college can impose the advisor on the organization as a member, of the organization and/or of the board, and that the college has indeed exercised that authority. From what you have posted, that is not the case: the advisor is an advisor. (If you like, you can say that he is an ex-officio advisor. But that's either meaningless or pointless, or both.) That does not mean he is a member, of the organization or of its board, unless some other rule says so.

(And note that "ex-officio" is an adjective, and "ex officio" -- without the hyphen -- is an adverb. It is never a noun. And inasmuch as I'm not finished ranting, "e-mail" has that hyphen, everybody.)

[Chris Harrison]

An ex officio member is someone who becomes a member of a body because of the office they hold (the bylaws must provide for ex officio members in order to have them). For example, the bylaws may say that the Treasurer is an ex officio member of the Finance Committee so while Bob is Treasurer he would have an ex officio seat on the Finance Committee but after Jane is elected as Treasurer at the next election Bob would be out and Jane would get the seat.

As for the Advisor he or she would only be an ex officio Board member if the bylaws say so.

[Chris Harrison]

I have had the idea that ex-officio members have to be specified in the bylaws, but I'm not finding it now. (Hellp, someone!)

Let's try RONR p. 579 ll. 24-26,"This section may also provide that certain officers - for example, the president - "shall be ex officio a member of all committees except the Nominating Committee." buttressed by Principle of Interpretation #4 "If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited." on pp. 589-590. There might be a more on point citation but this is what I was able to come up with without my morning coffee.

[Gary c Tesser]

So the state governor would be an ex-officio member of the board of the academy (p. 483, line 34) if, and only if, the academy's bylaws say so?

[Guest Edgar]

An ex officio member is someone who becomes a member of a body because of the office they hold (the bylaws must provide for ex officio members in order to have them). For example, the bylaws may say that the Treasurer is an ex officio member of the Finance Committee so while Bob is Treasurer he would have an ex officio seat on the Finance Committee but after Jane is elected as Treasurer at the next election Bob would be out and Jane would get the seat.

As for the Advisor he or she would only be an ex officio Board member if the bylaws say so.

And note that "ex-officio" is an adjective, and "ex officio" -- without the hyphen -- is an adverb.

[Chris Harrison]

So the state governor would be an ex-officio member of the board of the academy (p. 483, line 34) if, and only if, the academy's bylaws say so?

I suppose an applicable law could foist an ex officio member onto the Board even though the bylaws don't provide for it.

[Gary c Tesser]

I was pontificating at Original Poster Guest_YFaure, who, as a college student, needs to know such things. Chris H is exempt from complying with dismal blind picayune rules directed to beings of less exalted status, in my book. That's why he need not bother with commas.

[JohnR]

There might be a more on point citation but this is what I was able to come up with without my morning coffee.

"Every society should specify in its bylaws what officers it requires, how they shall be elected or appointed, their term of office, and any qualifications for holding office or any duties different from or in addition to those stated in the parliamentary authority.."

RONR (11th ed.), p.447, ll.8-12

[Chris Harrison]

That works too.

[Louise]

..."ex-officio" is an adjective, and "ex officio" -- without the hyphen -- is an adverb. It is never a noun.

I did not know this. Thanks for this tidbit of information!

(Um...to clarify: I knew it could never be a noun, but I was unaware of the different spellings for the adjective and adverb forms.)

How would one use "ex officio" as an adverb, by the way?

ETA: Never mind - I looked it up: "I am taking this action ex officio."

..."e-mail" has that hyphen)

I'm afraid you're on shakier ground on this point. I was going to suggest that perhaps "email" vs. "e-mail" is a British/American difference, but it appears that "email" is rapidly overtaking "e-mail" as the preferred spelling. (See here and here.)

[Guest Edgar]

. . . it appears that "email" is rapidly overtaking "e-mail" as the preferred spelling.

Even Googlefight gives a slight edge to the so-called "preferred spelling" but I intend to continue to resist this unfortunate trend towards needless hyphenectomy.

[Guest YFaure]

Thank you so much for all this revelational information!

So the the advisor cannot make motions ex officio because:

• our bylaws state nothing about an advisor nor officers ex-officio;
  
• our bylaws state, "The governing authority of the organization shall be vested in the Organization's Executive Board." Therefore, all rights are reserved for the four main officers and no one else.
  
• the college requires that every organization have an advisor, but they themselves state "Advisors should work with student groups, but should not direct nor dictate the organization’s programs and activities. However, advisors should be frank in offering suggestions, considerations, or ideas for the group’s discussion." So this can be interpreted as to saying the advisors have no power in making motions and voting, but perhaps they they can engage in discussions/debates.
  

So if I'm following what you guys said correctly, are my points correct?

[Guest Edgar]

So this can be interpreted as to saying the advisors have no power in making motions and voting, but perhaps they they can engage in discussions/debates.

Well, the distinction we'd make here is between members and non-members. Assuming the advisor is not a member, he has no parliamentary rights at meetings (i.e. not even the right to attend, let alone speak). So whatever rights (or privileges) he might enjoy would have to be found elsewhere (i.e. not in RONR). And, of course, the assembly (the members present) could always invite him as a guest to attend and speak.

But, yes, generally speaking I think you have it right.

[Louise]

Even Googlefight gives a slight edge to the so-called "preferred spelling" but I intend to continue to resist this unfortunate trend towards needless hyphenectomy.

Now there's a word I've never seen before.

I wish you all the best in your fight. (I ceased to resist the inevitable long ago...)

[JohnR]

You mean they don't call it "electronic mail" anymore?