Motion by a non-voting ex-officio

[Guest Barb]

Can a non-voting ex-officio member of a committee make a motion?

[Guest Edgar]

If the only thing this member can't do is vote then, yes, he can make a motion, second a motion, and debate a motion. He can also attend meetings. The primary consideration is that he's a member. Taking away one right doesn't take away all other rights.

[Josh Martin]

Can a non-voting ex-officio member of a committee make a motion?

 

First, see FAQ #2. Ex-officio members are voting members unless your bylaws provide otherwise.

 

Now, if your bylaws actually do provide for non-voting members, it will be up to your organization to interpret its bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. I'd pay particular attention to POI #4 and POI #8. There's no such thing as a "non-voting member" in RONR, so it doesn't have a direct answer for this question.

[Rev Ed]

But still any limitations on membership must be found in the By-laws so if the By-laws do not say that the non-voting member cannot make a motion (or enter into debate, or anything else) then the member can vote.

[Josh Martin]

But still any limitations on membership must be found in the By-laws so if the By-laws do not say that the non-voting member cannot make a motion (or enter into debate, or anything else) then the member can vote.

 

This may or may not be correct. See Principle of Interpretation #8. It depends on how the position is defined in the bylaws.

[Gary Novosielski]

But still any limitations on membership must be found in the By-laws so if the By-laws do not say that the non-voting member cannot make a motion (or enter into debate, or anything else) then the member can vote.

 

So, if they bylaws do not say that the non-voting member cannot vote, the non-voting member can vote?

[Josh Martin]

So, if they bylaws do not say that the non-voting member cannot vote, the non-voting member can vote?

 

I assume that Rev Ed means to say that if the bylaws do not say that the non-voting member cannot make a motion (or enter into debate, or exercise other rights of membership), then the non-voting member can do those things. As noted, this may or may not be correct, depending on what the bylaws say.

 

It is obviously correct that if the bylaws provide for a "non-voting member," that person cannot vote, but I'm sure we can chalk that up to a typo.

[KGB]

So if they bylaws does not allow for an ex-officio to vote, can they still make a motion? In particular can they make a motion to receive a report as a Committee Chair?

 

[Rob Elsman]

I would venture that if an assembly or committee wants my judgment enough to have me as a member ex officio, they also want me enough to express my judgment in the form of a vote; otherwise, I'm out of there.

[Richard Brown]

On 8/25/2021 at 7:49 AM, KGB said:

So if they bylaws does not allow for an ex-officio to vote, can they still make a motion? In particular can they make a motion to receive a report as a Committee Chair?

 

In my opinion, if the bylaws specify that this person is a non-voting member, he is a member and may exercise all of the rights of membership except the right to vote. That would include the right to make motions. 

Edited to add: I also agree with Mr. Martin’s statement seven years ago in this thread that it is ultimately up to the organization to interpret its own bylaws on this issue. 

Edited August 25, 2021 at 04:16 PM by Richard Brown
Changed wording and added last paragraph

[Weldon Merritt]

On 8/25/2021 at 10:05 AM, Richard Brown said:

In my opinion, if the bylaws specify that this person is a non-voting member, he is a member and may exercise all of the rights of membership except the right to vote. That would include the right to make motions. 

Edited to add: I also agree with Mr. Martin’s statement seven years ago in this thread that it is ultimately up to the organization to interpret its own bylaws on this issue. 

I concur. And even if the bylaws are interpreted to mean that a non-voting member cannot make a motion, if the member does so anyway, and the motion is seconded and debate ensues, it is too late to raise a Point of Order.

I also can't help wondering what would be the point of even having a non-voting member if they cannot exercise any of the other membership rights. 

[George Mervosh]

On 8/25/2021 at 8:49 AM, KGB said:

So if they bylaws does not allow for an ex-officio to vote, can they still make a motion? In particular can they make a motion to receive a report as a Committee Chair?

 

A motion to receive a report is not something anyone should make.

[Rob Elsman]

Mr. Mervosh, I reluctantly have to disagree with the sweeping scope of your assertion.  If a committee meets and adopts a report while its parent body is meeting, it is appropriate for the reporting member to make a motion in the parent body to receive the committee's report if the ordinary place for presenting reports in the established order of business has been passed.  Instead of a motion, it may be possible to accomplish the same thing by making a unanimous consent request.

[George Mervosh]

On 8/25/2021 at 12:44 PM, Rob Elsman said:

Mr. Mervosh, I reluctantly have to disagree with the sweeping scope of your assertion.  If a committee meets and adopts a report while its parent body is meeting, it is appropriate for the reporting member to make a motion in the parent body to receive the committee's report if the ordinary place for presenting reports in the established order of business has been passed.  Instead of a motion, it may be possible to accomplish the same thing by making a unanimous consent request.

I was just referring to 51:15 but perhaps I should have typed more.

Edited August 25, 2021 at 05:00 PM by George Mervosh