committees and suspending the rules

[zanacakes]

A few days ago, I asked about suspending or eliminating committees and need to be more specific with my request.  Thank you for your replies. 

 

1. A few yrs. ago the existing chairperson suspended all the committees.  Since then the committees have not be used.  The new chairperson decided not to reinstate certain committees because he said there is no need for them.  He believes that our By-Laws give him authority to eliminate committees.  Our By-Laws state:  The following committees shall be standing and management committees of the Board.  The committees shall be utilized as the Chairperson of the Board deems appropriate unless otherwise specified under the Church Constitution.  The Church Constitution states the Chairperson shall organize committees and appoint their chairperson if needed to carry out the work of the Trustees.  The Chair shall be an ex-officio member of all committees.

 

2. What does suspending the rules refer to? Is that a motion, and if so, doesn't it have to be seconded? 

 

Thank you. 

[Guest Edgar]

1. He believes that our By-Laws give him authority to eliminate committees.

I'm afraid it's not enough to simply believe something. Ask him to show you proof. 

 

2. What does suspending the rules refer to? Is that a motion, and if so, doesn't it have to be seconded?

Yes it's a motion and yes it requires a second. It also requires a two-thirds vote. But it would be better named "suspend a rule" since you're not suspending all the rules, just the rule that's preventing you from doing what you want to do. And not all rules can be suspended. In fact, it's best to assume that the rule you want to suspend can't be suspended.

[Josh Martin]

1. A few yrs. ago the existing chairperson suspended all the committees.  Since then the committees have not be used.  The new chairperson decided not to reinstate certain committees because he said there is no need for them.  He believes that our By-Laws give him authority to eliminate committees.  Our By-Laws state:  The following committees shall be standing and management committees of the Board.  The committees shall be utilized as the Chairperson of the Board deems appropriate unless otherwise specified under the Church Constitution.  The Church Constitution states the Chairperson shall organize committees and appoint their chairperson if needed to carry out the work of the Trustees.  The Chair shall be an ex-officio member of all committees.

 

It will ultimately be up to your organization to interpret its own bylaws (see RONR, 11th ed., pgs. 588-591), but I'm quite skeptical of the idea that the cited language gives the chairman of the board the authority to "suspend" committees specified in the bylaws, let alone eliminate them. If a committee is specified in the bylaws, it could only be eliminated by amending the bylaws.

 

But it seems that your bylaws might give the chairman of the board the authority to appoint members to committees. If that is the case, and he refuses to appoint any members (which is improper), then I suppose the only solution to that problem is to get a new chairman. See FAQ #20.

 

2. What does suspending the rules refer to? Is that a motion, and if so, doesn't it have to be seconded? 

 

Suspend the Rules is used to do something which cannot normally be accomplished under the organization's rules. It is a motion and requires a second. When applied to rules of order, it requires a 2/3 vote for adoption. There are certain limitations on this motion, however, and it cannot be used to "suspend" a standing committee.

 

Yes it's a motion and yes it requires a second. It also requires a two-thirds vote. But it would be better named "suspend a rule" since you're not suspending all the rules, just the rule that's preventing you from doing what you want to do. And not all rules can be suspended. In fact, it's best to assume that the rule you want to suspend can't be suspended.

 

The problem with calling it "suspend a rule" is that there may be more than one rule which interferes with what the assembly wants to do. The important thing to remember is that it is used for a specific purpose.

 

As for the "assume it can't be suspended" philosophy, I think that mostly applies to bylaws. Most rules in the parliamentary authority can be suspended (although it does often seem to be the case that people wish to suspend the few which can't be).

[Guest Edgar]

The problem with calling it "suspend a rule" is that there may be more than one rule which interferes with what the assembly wants to do. The important thing to remember is that it is used for a specific purpose.

 

The problem is that, although it's used for a specific purpose, you don't have to identify the specific rule (or rules) that is (or are) in the way. You just blast away with the "suspend the rules" shotgun and it'll magically hit what needs to be hit.

 

I'm sure it's a fine and time-honored motion but all too often it ends up in the hands of people who don't know how to shoot. And so someone gets hurt (metaphorically speaking),

 

Stop ten people on the street and ask them if they think a motion to suspend the rules would suspend all the rules or just the ones that get in the way.

[zanacakes]

Thank you for your replies.  Really helps with moving forward. 

[Transpower]

RONR (11th ed.), p. 490, ll. 32-34:  "Standing committees are constituted to perform a continuing function, and remain in existence permanently or for the life of the assembly that establishes them."  The only way to end a standing committee is to amend your bylaws.

[Guest paul]

A few days ago, I asked about suspending or eliminating committees and need to be more specific with my request.  Thank you for your replies. 

 

1. A few yrs. ago the existing chairperson suspended all the committees.  Since then the committees have not be used.  The new chairperson decided not to reinstate certain committees because he said there is no need for them.  He believes that our By-Laws give him authority to eliminate committees.  Our By-Laws state:  The following committees shall be standing and management committees of the Board.  The committees shall be utilized as the Chairperson of the Board deems appropriate unless otherwise specified under the Church Constitution.  The Church Constitution states the Chairperson shall organize committees and appoint their chairperson if needed to carry out the work of the Trustees.  The Chair shall be an ex-officio member of all committees.

 

2. What does suspending the rules refer to? Is that a motion, and if so, doesn't it have to be seconded? 

 

Thank you. 

"shall" pretty well states it. The Board is obligated to have these committees. Also your Chair only has the power given by the majority of Trustees. Paul

[Josh Martin]

The problem is that, although it's used for a specific purpose, you don't have to identify the specific rule (or rules) that is (or are) in the way. You just blast away with the "suspend the rules" shotgun and it'll magically hit what needs to be hit.

 

I'm sure it's a fine and time-honored motion but all too often it ends up in the hands of people who don't know how to shoot. And so someone gets hurt (metaphorically speaking),

 

Stop ten people on the street and ask them if they think a motion to suspend the rules would suspend all the rules or just the ones that get in the way.

 

I suppose one might view this feature of Suspend the Rules as a problem, but since the alternative is for people who, as you put it, "don't know how to shoot" flipping through an 800-page book for the specific rule(s) which need to be suspended, I think the current system is the lesser evil. It's certainly correct that many people are uneducated in the proper use and effect of Suspend the Rules, but the best way to change this is through educating those people.