Ad Hoc Committee

[Demack]

Our club by-laws regarding the presidents duties read as follows in regards to assignment of committees:

 

DUTIES AND RESPONSIBILTIES OF PRINCIPAL OFFICERS:

 

1.  The President shall:

       A.   _____________-

       B    _____________

       C   ______________

       D  Appoint a chair person for each standing committee and any ad hoc committees as needed with the approval of the board of directors.

 

My question is can the president assign an emergency ad hoc sub committee made up of only board members to convene during the time between regular board meetings being approved at the next regularly scheduled meeting ?  It would be brought before the board for approval before a report is given. 

[Josh Martin]

D  Appoint a chair person for each standing committee and any ad hoc committees as needed with the approval of the board of directors.

 

My question is can the president assign an emergency ad hoc sub committee made up of only board members to convened during the time between regular board meetings being approved at the next regularly scheduled meeting ?  It would be brought before the board for approval before a report is given. 

 

Yes, I think this would be in order. See information on the motion to Ratify in RONR, 11th ed., pgs. 124-126.

[Timothy]

Our club by-laws regarding the presidents duties read as follows in regards to assignment of committees:

 

DUTIES AND RESPONSIBILTIES OF PRINCTPAL OFFICERS:

 

1.  The President shall:

       A.   _____________-

       B    _____________

       C   ______________

       D  Appoint a chair person for each standing committee and any ad hoc committees as needed with the approval of the board of directors.

 

My question is can the president assign an emergency ad hoc sub committee made up of only board members to convened during the time between regular board meetings being approved at the next regularly scheduled meeting ?  It would be brought before the board for approval before a report is given. 

 

If your club takes D to mean the president has the authority to appoint ad hoc committees, then I would say yes. But depending on how one interprets it, this could just be authority to point the chair for committees. In that case, I would say no.

[Josh Martin]

If your club takes D to mean the president has the authority to appoint ad hoc committees, then I would say yes. But depending on how one interprets it, this could just be authority to point the chair for committees. In that case, I would say no.

 

Since the board has the power to appoint members of its own committees if the bylaws are silent (and it seems the committee in question is to be a committee of the board), the motion to Ratify seems in order in any event.

[Timothy]

Since the board has the power to appoint members of its own committees if the bylaws are silent (and it seems the committee in question is to be a committee of the board), the motion to Ratify seems in order in any event.

 

Yeah, you're right. In which case, it seems like the quote from the bylaws doesn't really matter.

[Rev Ed]

My question is can the president assign an emergency ad hoc sub committee made up of only board members to convene during the time between regular board meetings being approved at the next regularly scheduled meeting ?

 

I would say no.  Point D reads as follows:  "any ad hoc committees as needed with the approval of the board of directors."  If the By-laws do not give the Board the power to make decisions outside a meeting (highly unlikely) then how can the President create an Ad Hoc Committee when he needs the Board's approval to do so?

[Timothy]

I would say no.  Point D reads as follows:  "any ad hoc committees as needed with the approval of the board of directors."  If the By-laws do not give the Board the power to make decisions outside a meeting (highly unlikely) then how can the President create an Ad Hoc Committee when he needs the Board's approval to do so?

 

Isn't there a parliamentary rule that says something like, "it is better to ask forgiveness than to ask permission?"

[Josh Martin]

I would say no.  Point D reads as follows:  "any ad hoc committees as needed with the approval of the board of directors."  If the By-laws do not give the Board the power to make decisions outside a meeting (highly unlikely) then how can the President create an Ad Hoc Committee when he needs the Board's approval to do so?

 

This is how:

 

"The motion to ratify (also called approve or confirm) is an incidental main motion that is used to confirm or make valid an action already taken that cannot become valid until approved by the assembly. Cases where the procedure of ratification is applicable include

 

...

 

• action taken by officers, committees, delegates, or subordinate bodies in excess of their instructions or authority;" (RONR, 11th ed., pg. 124, lines 24-35).

 

The President cannot create a committee without the board's approval, however, by use of the motion to Ratify, the board can grant that approval after the fact. Still, it is good to point out that the President's action is not valid until it is approved by the board. So the President is taking a risk by doing this, as the situation will become rather awkward if the board does not approve the appointments.

[Rev Ed]

The President cannot create a committee without the board's approval, however, by use of the motion to Ratify, the board can grant that approval after the fact. Still, it is good to point out that the President's action is not valid until it is approved by the board. So the President is taking a risk by doing this, as the situation will become rather awkward if the board does not approve the appointments.

 

 

This is essentially my point.  The Committee membership is not official until the Board approves the membership and so should not be doing anything until approval is given.  The way I read the original post is that the President wants to set up a Committee and have it do work before the approval of the Board takes place.  This would certainly not be a wise idea in my opinion based on my reading of the quoted By-law.

[Josh Martin]

This is essentially my point.  The Committee membership is not official until the Board approves the membership and so should not be doing anything until approval is given.  The way I read the original post is that the President wants to set up a Committee and have it do work before the approval of the Board takes place.  This would certainly not be a wise idea in my opinion based on my reading of the quoted By-law.

 

Yes, that is how things are supposed to work.

 

The OP says this is an emergency, however, so the President way wish to take the risk and hope his actions are ratified by the board.

[Demack]

Thanks for all the help you guys really do help make seemingly insurmountable obstacles manageable

[Thomas Ralph]

I think it's a question of whether the president can appoint (a chair person for each standing committee) and (any ad hoc committees as needed) or (appoint a chair person) for (each standing committee) and (any ad hoc committees) as needed.

 

Does his power extend to appointing ad-hoc committees outside of meetings, or just to appointing the chair (which power RONR gives him anyway)? This is a matter of bylaw interpretation, of course.