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Powers of a "Council"


Guest FWDixon

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I am part of a Student Government Organization that frames what is termed a "Federation Council" comprised solely of the President and Vice-President from each of the 4 equal-ranked Campus Student Governments. I have included a screen shot of the section that authorizes and assigns powers and duties to the "council".

 

Federation.gif
Recently, the council chair appointed another member to act as a representative for the student body as a whole without any consultation or approval of the members of the Federation nor the 4 campus Senates. I am of the position that this act was a violation of Section 4 as well as the rights of the members to make and approve nominations and appointments. In support of this view I am trying to determine whether the Federation is a Board, Committee, or some other parliamentary entity and by extension which powers and duties it can assume (and by extention which powers and duties its chair can assume) that are not explicitly granted to nor withheld from it in our Constitution.

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 I have included a screen shot of the section that authorizes and assigns powers and duties to the "council".

 

Federation.gif

 

Well, your screen shot didn't work out, but since it's beyond the scope of this forum to interpret your organization's constitution anyway, that's probably just as well.

 

In support of this view I am trying to determine whether the Federation is a Board, Committee, or some other parliamentary entity and by extension which powers and duties it can assume (and by extention which powers and duties its chair can assume) that are not explicitly granted to nor withheld from it in our Constitution.

 

It's up to your organization to interpret its own constitution. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. With regard to your specific issues (the differences between a board and committee, and the powers of each), you may also wish to read pgs. 8-10, 481-483, 489-490, 576-578, 586.

 

The rules in RONR regarding boards and committees, however, generally refer to a board or committee of one organization. Since this council consists of members from four different organizations, I suspect that it is something else - or if it is a board or committee, it is a very different board or committee than what is described in RONR. As a consequence, I'm not sure that the nature of the entity is as important as what the constitution says about its powers.

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Let me see if I can be a bit more precise in my question.

 

Our Constitution sets forth an 8-member group that elects a chair from its members with the explicit charge of presiding over the meetings of the group (The constitution grants no other powers explicitly to the chair, nor denies any). Is there anything in RONR that would allow this chair to assume the power to act on behalf of the group in between meetings of the group (the group meets bi-weekly) or prevent him from doing such?

 

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Let me see if I can be a bit more precise in my question.

 

Our Constitution sets forth an 8-member group that elects a chair from its members with the explicit charge of presiding over the meetings of the group (The constitution grants no other powers explicitly to the chair, nor denies any). Is there anything in RONR that would allow this chair to assume the power to act on behalf of the group in between meetings of the group (the group meets bi-weekly) or prevent him from doing such?

 

"An office carries with it only the rights necessary for executing the duties of the office ..." (RONR, 11th ed., p. 448, ll. 3-4.)

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Is there anything in RONR that would allow this chair to assume the power to act on behalf of the group in between meetings of the group (the group meets bi-weekly) or prevent him from doing such?

 

 

Also... "All of the duties of the presiding officer described above relate to the function of presiding over the assembly at its meetings. In addition, in many organized societies, the president has duties as an administrative or executive officer; but these are outside the scope of parliamentary law, and the president has such authority only insofar as the bylaws provide it" (RONR, 11th ed., pg. 456).

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Also... "All of the duties of the presiding officer described above relate to the function of presiding over the assembly at its meetings. In addition, in many organized societies, the president has duties as an administrative or executive officer; but these are outside the scope of parliamentary law, and the president has such authority only insofar as the bylaws provide it" (RONR, 11th ed., pg. 456).

Thank you, I knew of this and the one posted by Daniel. Just wanted to make sure I was reading it correctly.

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