J H Smith Posted July 27, 2013 at 03:54 AM Report Share Posted July 27, 2013 at 03:54 AM Our Bylaws gives power to the President to appoint members to both standing committees and ad-hoc or special committees. A member made a motion to form a Legislative Committee that was second and after discussion the members by a majority vote past the motion. NOW COMES the PRESIDENT; may the President appoint themself as the Chairman of the Committee of the Membership (the Legislative Committee) when she is already designated by the bylaws as an ex-offico member to all committees with the exception of the nominating committee? Link to comment Share on other sites More sharing options...
jstackpo Posted July 27, 2013 at 06:56 AM Report Share Posted July 27, 2013 at 06:56 AM Given that your paraphrase of your bylaws is accurate and complete, yes. Link to comment Share on other sites More sharing options...
Randyl Kent Plampin Posted July 27, 2013 at 06:58 AM Report Share Posted July 27, 2013 at 06:58 AM Greetings: If the President is already an ex-officio (ex officio, ex-officio. Rats! I'm never going to get this right. Sorry Smith Little. A private joke here.) member then they are automatically a member of these committees by virtue of their office, with the noted exception, and nothing else needs to be done. However, your question is about the chairmanship of the committees. This is going to depend on what your bylaws say about the chairmanship of committees and whether the bylaws draw a distinction between the appointment of members and the appointment of chairmen. Sometimes bylaws reserve to the assembly the right to appoint chairmen while allowing the President to appoint the remaining members. Check your bylaws for the answer to this question. If the bylaws do not draw the distinction then I would say yes, the President can appoint himself as chairman. The motion to form the committee could have included the details as to its composition, yet the mover apparently indicated no preference. Best regards,Randyl Kent Plampin Link to comment Share on other sites More sharing options...
jstackpo Posted July 27, 2013 at 07:25 AM Report Share Posted July 27, 2013 at 07:25 AM The motion to form the committee could have included the details as to its composition,...Not necessarily... If the bylaws give the president the optional power to make appointments, then the motion, by remaining silent, assumes he will do so. The motion could name members as well. If the bylaws give the president the exclusive power to make appointments, then the motion cannot do so and must remain silent on the appointments. That's two "if"s about the bylaws that Smith Little wasn't explicit on. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 27, 2013 at 03:32 PM Report Share Posted July 27, 2013 at 03:32 PM Our Bylaws gives power to the President to appoint members to both standing committees and ad-hoc or special committees. A member made a motion to form a Legislative Committee that was second and after discussion the members by a majority vote past the motion. NOW COMES the PRESIDENT; may the President appoint themself as the Chairman of the Committee of the Membership (the Legislative Committee) when she is already designated by the bylaws as an ex-offico member to all committees with the exception of the nominating committee? It's not clear to me that the motion to form a Legislative Committee was in order to begin with. Is it intended to be a standing committee? If the bylaws specify certain standing committees, then additional standing committees cannot be created unless the bylaws so provide. Assuming the committee was properly created, if the President is authorized to appoint all committees (except the nominating committee) he is free to appoint himself as the chairman of a committee, notwithstanding that he is an ex-officio member of the committee - unless, of course, your bylaws provide otherwise. The motion to form the committee could have included the details as to its composition, yet the mover apparently indicated no preference. No. If the President is authorized to appoint all committees, then the motion to form the committee cannot include details as to its composition, as that would conflict with the bylaws. If the bylaws give the president the optional power to make appointments, then the motion, by remaining silent, assumes he will do so. The motion could name members as well. If the bylaws give the president the exclusive power to make appointments, then the motion cannot do so and must remain silent on the appointments. Generally speaking, I think such a power should be interpreted as exclusive. Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted July 28, 2013 at 07:19 AM Report Share Posted July 28, 2013 at 07:19 AM Greetings:If the President is already an ex-officio member then they are automatically a member of these committees by virtue of their office, with the noted exception, and nothing else needs to be done.What if the president wants to be a regular member of the committee and be counted in the quorum? Link to comment Share on other sites More sharing options...
Guest Guest Posted July 28, 2013 at 10:53 AM Report Share Posted July 28, 2013 at 10:53 AM If he appoints himself as chair does this supercedd his ex officio status and does he count toward the quorum? Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted July 28, 2013 at 04:18 PM Report Share Posted July 28, 2013 at 04:18 PM If he appoints himself as chair does this supercedd his ex officio status and does he count toward the quorum?Yes. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.