jstackpo Posted December 16, 2012 at 03:18 PM Report Share Posted December 16, 2012 at 03:18 PM I have a note (to myself) to the effect that filling a vacancy on a committee, even if the filling involves an election (p. 177, lines 29-32) does not require a notice to do so. A no-notice filling of a vacancy would still require a 2/3 vote since R/ASPA is the tool used. (This is, of course, different from filling an officer vacancy - p. 575, lines 7-9 - which clearly and properly does require notice and requires only a majority vote.)But I can't find a specific (or even implicit) reference to back up my note. (I thought I picked up the claim on this B-Board but can't find that either.)Any help? TIA. (Of course, my note to myself could be dead wrong, too!) Link to comment Share on other sites More sharing options...
Guest Edgar Posted December 16, 2012 at 03:36 PM Report Share Posted December 16, 2012 at 03:36 PM But I can't find a specific (or even implicit) reference to back up my note.Assuming there's no rule requiring previous notice in this instance, mightn't you be looking for something that doesn't exist? Link to comment Share on other sites More sharing options...
jstackpo Posted December 16, 2012 at 04:09 PM Author Report Share Posted December 16, 2012 at 04:09 PM Always a possibility... Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted December 16, 2012 at 04:43 PM Report Share Posted December 16, 2012 at 04:43 PM I have a note (to myself) to the effect that filling a vacancy on a committee, even if the filling involves an election (p. 177, lines 29-32) does not require a notice to do so. A no-notice filling of a vacancy would still require a 2/3 vote since R/ASPA is the tool used. (This is, of course, different from filling an officer vacancy - p. 575, lines 7-9 - which clearly and properly does require notice and requires only a majority vote.)But I can't find a specific (or even implicit) reference to back up my note. (I thought I picked up the claim on this B-Board but can't find that either.)Any help? TIA. (Of course, my note to myself could be dead wrong, too!)Resignations and removals are discussed, along with replacements, in the paragraph under the heading "Vacancies in a Committee" on page 177 because these are typically how vacancies arise. (Ineligibility is something that will be peculiar to the bylaws of each society; and there are no rules in RONR as to methods of death, thank goodness.)The filling of a vacancy, however, need not involve the rules for Rescind or Amend Something Previously Adopted. Replacement of a committee member is a combination of removal and filling the resulting vacancy, so when a replacement is made by the assembly, the same vote is required as for removal. But otherwise, neither a two-thirds vote nor previous notice is required for the filling of a vacancy in a committee (as opposed to an executive board or other office). Link to comment Share on other sites More sharing options...
jstackpo Posted December 16, 2012 at 08:23 PM Author Report Share Posted December 16, 2012 at 08:23 PM Oh... Kay...Which seems to leave the book totally silent on the procedure for filling vacancies in committees.So... if bylaws or rules say that the original appointment to a committee was by some form of election (p. 493-496, (a), (b ), (c ), or (e) ) then in the absence of any rules to the contrary, one just uses the same process to fill vacancies on the committee. (No problem if the president alone (d) makes committee appointments.)I'll buy that. But now the reference in the short paragraph (p.497, line 30-33) seems pointless (and perhaps misleading), because it references a section of the book dealing clearly with filling office vacancies (and the need for notice in such cases) but not committee vacancies.The "(see also...)" reference on line 33 was NOT in the 10th Ed (p. 480). And it should be struck from the 12th. Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted December 16, 2012 at 09:27 PM Report Share Posted December 16, 2012 at 09:27 PM Oh... Kay...Which seems to leave the book totally silent on the procedure for filling vacancies in committees.So... if bylaws or rules say that the original appointment to a committee was by some form of election (p. 493-496, (a), (b ), (c ), or (e) ) then in the absence of any rules to the contrary, one just uses the same process to fill vacancies on the committee. (No problem if the president alone (d) makes committee appointments.)I'll buy that. But now the reference in the short paragraph (p.497, line 30-33) seems pointless (and perhaps misleading), because it references a section of the book dealing clearly with filling office vacancies (and the need for notice in such cases) but not committee vacancies.The "(see also...)" reference on line 33 was NOT in the 10th Ed (p. 480). And it should be struck from the 12th.Well, of course, there was no reference in the 10th edition to the subsection that appears on pages 467-68 in the 11th edition, because it is new to the 11th edition. If you find it more to your liking, feel free to strike out "see also" and insert "cf." on page 497, line 32 in your copy(ies) of the book.And I'm sure you don't really have any quibbles with line 33, which is already blank. Link to comment Share on other sites More sharing options...
jstackpo Posted December 16, 2012 at 10:04 PM Author Report Share Posted December 16, 2012 at 10:04 PM Whether "cf." or "see also" the parenthetical portion of line 32 is still irrelevant (same as 33, I'll concede) and misleading. Link to comment Share on other sites More sharing options...
Matt Schafer Posted December 17, 2012 at 02:07 AM Report Share Posted December 17, 2012 at 02:07 AM I'm not sure it's entirely irrelevant. For instance, p. 467, ll. 28-35 state that the executive board may accept resignations and fill vacancies if the bylaws are written in a particular way. It seems that this would also apply to appointments to committees of the assembly, which is not included in the last full paragraph on page 497. Link to comment Share on other sites More sharing options...
jstackpo Posted December 17, 2012 at 06:22 AM Author Report Share Posted December 17, 2012 at 06:22 AM I'm not sure it's entirely irrelevant.Have to disagree - the cited lines deal, it seems clear to me based on line 25, with vacancies in offices, not committees. The only committee reference is the "see also..." on p. 468, lines 2-3. And, of course, the whole cited thing resides in RONR Section 47 dealing throughout with officers. Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 17, 2012 at 12:52 PM Report Share Posted December 17, 2012 at 12:52 PM 1. No rule in RONR requires that notice be given before an election can be held to fill a vacancy on a standing or special committee.2. When an election is held to fill a vacancy on a committee, a majority vote will suffice to elect (assuming the rules in RONR control).3. The sentence on page 467, lines 28-35, applies to filling vacancies on a committee whenever the society’s assembly is the appointing authority (assuming the rules in RONR control). Link to comment Share on other sites More sharing options...
jstackpo Posted December 18, 2012 at 02:27 AM Author Report Share Posted December 18, 2012 at 02:27 AM 3. The sentence on page 467, lines 28-35, applies to filling vacancies on a committee whenever the society’s assembly is the appointing authority (assuming the rules in RONR control).OK, since you (who else?) say so. But the context, particularly the prior sentence in the same paragraph with its explicit reference to "any office" sure doesn't lead a reader to assume an immediate expansion of coverage to vacancies in committees in addition to vacancies in offices. Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 18, 2012 at 12:14 PM Report Share Posted December 18, 2012 at 12:14 PM OK, since you (who else?) say so. But the context, particularly the prior sentence in the same paragraph with its explicit reference to "any office" sure doesn't lead a reader to assume an immediate expansion of coverage to vacancies in committees in addition to vacancies in offices.Well, the references on pages 177 and 497 to the subsection that appears on pages 467-68 serve a legitimate and useful purpose (your expressed views to the contrary notwithstanding).Furthermore, what is said on page 467, lines 28-35, and its applicability to the filling of vacancies on a committee (if the society’s assembly is the appointing authority), obviously makes all kinds of sense, and would apparently be true even if RONR didn't say so. Link to comment Share on other sites More sharing options...
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