Presidential powers

[Guest Chief Mike]

I am the President of a local Fire Co. 2 members liaed on the applications and when I found out and confirmed the lie they were suspended at the next FC meeting and requested a committee of trial whch consists of 5 members name picked from a hat by the President.

The C.O.T. hears the case and hand and reports back there findings at the March meeting. I requested to be present at the hearing as the President and as the bylaws state an ex-officio member of all standing committee's with no exceptions. I was not invited to the hearing by the C.O.T. members because the "bylaws dont say they have to invite me".

Question as per the bylaws was I allowed to attend the hearing and should I as the President relieve the C.O.T. members from there duty for failing to follow the Presidents directive.

[Guest Nancy N.]

... the bylaws state an ex-officio member of all standing committee's with no exceptions.

 

If the C.O.T. is, indeed, a standing committee, then, the president has the right to attend, and fully participate in, all of the committee's meetings (he has the right:  he doesn't need any invitation.) 

 

But it sounds as if this is not a standing committee, but a special (or ad hoc) committee, and if that is the case, then this quasi-quote from the bylaws does not apply; and if there's nothing else about it, then, indeed, it is true that "bylaws don't say they have to invite me [you]".

 

...  and should I as the President relieve the C.O.T. members from there duty for failing to follow the Presidents directive.[?]

 

Two things:  Chief Mike, you said you requested to attend.  Unless you say "requested" when it really means "directed," then you issued no directive, you only requested; and a request, by its nature, generally allows whoever gets the request to say no.  Which the committee clearly did.

 

Second:  while you say it is your job to pick the C.O.T. members -- from out of a hat -- it is arguable that you have the authority to remove them from their membership on the committee.  (Robert's Rules says that the appointing power has the authority to remove or replace committee members (p. 177 and 497) -- but plucking names from a hat doesn't sound to me like full appointing power.  I'd say this is a grey area, which probably has to be resolved by the fire company, at a meeting.  Or you can try to wing it, and hope that they don't just ignore you, saying that the bylaws don't give you that power; and also hope that later the fire company does not determine that you acted to remove them without the authority to do it, and burn you at the stake for it.  Although being that this is at a fire company, maybe burning at the stake isn't so dangerous.)

[Guest Chief Mike]

Nancy N Section 1 The company may create committees as needed for the purposes such as fundraising,housing, etc. The only committes that are listed in the bylaws are the canteen committee and the committee of trial. I think since they are mentioned in the bylaws they are standing committes ? The C.O.T. shall consist of 5 members,who shall be drawn by lot from among the members present except the President and the parties involved.

[Bruce Lages]

From this last statement, it seems to me that the Committee of Trial is indeed a standing committee.

[Dan Honemann]

From this last statement, it seems to me that the Committee of Trial is indeed a standing committee.

 

I'm not too sure about this. I would not say that a nominating committee appointed pursuant to the provisions of Article IV, Section 2, of the sample bylaws (RONR, 11th ed., p. 585, ll. 16-24) is a standing committee, and this Committee of Trial also appears to be a committee which is appointed from time to time to perform a specific function, after which it is automatically discharged.