Jump to content
The Official RONR Q & A Forums

Committee Recommendation


Guest Abe Sherr

Recommended Posts

Can a committee make a recommendation that falls outside the scope of the by-laws ?  If the recommendation is approved by the general membership, can the approved/accepted recommendation then become standard policy without amending the by-laws to include it ?

Link to comment
Share on other sites

1.  As a recommendation, jsut a recommendation, I see no rule against it.  You run afoul of the rules when someone -- as should be done -- makes a motion to implement the recommendation.  

 

2.  Properly, the mover first has to get the assembly's permission, by a 2/3 vote, to go outside that scope ("object") (p. 113, bullet point 5, though apparently they actually ran out of bullets, apparently an annoying ongoing problem when dealing with proposals do fancy-dance around the bylaws); I suspect the two actions could be proposed in one motion as a time-saver.  

 

3.  I further suspect that the preliminary step, allowing consideration of the ultra vires proposal, cannot legitimately be skipped; if the proposal is nevertheless, imprudently adopted ("approved/accepted") if that step is skipped, then the adoption would be null and void, and you can forget about standard policy.

 

3a.  That's a gut feeling, though.  Looked at dispassionately, it looks to me as if the p. 133 - #5 rule is in the nature of a rule of order, &c &c.

__________

N.B.  "Ultra vires".  Neat, huh? I got it from a horizontal Philadelphian. 

 

(I had something about Donald Trump, but couldn't shoehorn it in.  Still, the night is young.)

Link to comment
Share on other sites

Can a committee make a recommendation that falls outside the scope of the by-laws ?  If the recommendation is approved by the general membership, can the approved/accepted recommendation then become standard policy without amending the by-laws to include it ?

 

No motion is in order that conflicts with the organization's bylaws, so the answer depends on what you mean by "falls outside the scope of the bylaws." If you mean that it deals with something the bylaws don't specifically cover, then there is no rule against it. However, if you mean that the bylaws specify the scope of the organization and/or specify the scope of the work that the committee is supposed to do that is a different story.

 

If it falls outside the scope defined in the bylaws for the organization, that pretty much ends it. Either amend the bylaws or declare the motion out of order.

 

If it falls outside the scope of the committee, the chair of the committee should have declared the motion to recommend out of order in the committee meeting. Given that he didn't and is now presenting the recommendation to the organization, I suppose the chair of the organization could declare the recommendation out of order since the committee is attempting to do something it isn't supposed to do, but I wouldn't suggest doing that unless there are rules that would prevent an individual from making the same motion. Of course, if the recommendation falls within the scope of another committee, it might be wise to refer it to committee. Even so, if the organization approves the recommendation that the committee shouldn't have been making, all is well.

Link to comment
Share on other sites

Except that an association can, by a two-thirds vote, "allow the introduction of a motion that falls outside the society's object" (p.571).

 

You are correct. Though it should be noted that that only applies to that one section of the bylaws. If other sections of the bylaws place specific boundaries on the scope of the organization, the bylaws would have to be changed before a motion would be in order that goes beyond that scope.

Link to comment
Share on other sites

The committee first needs to determine if the recommendation falls outside the purview of the committee itself, and if it does, it would not be proper of them to introduce it.

 

If not, then the committee can introduce it, at which point the chair should rule it out of order, unless it is offered under a suspension of the rules.

 

That's assuming that the motion merely falls outside the objects of the society.  If the motion actually conflicts with the existing bylaws then it's not in order at all, and if passed is null and void.  The only way to enact the change in that case would be to amend the bylaws.

Link to comment
Share on other sites

The committee has been asked by the chair to come up with a recommendation to the body on what to do about a assigned brunch table that has been vacated by a diseased club member. There is nothing at all in the by-laws that addresses the brunch(an annual fundraiser) at all. The committee is considering offering the table to the diseased member's family. Can this be put in a motion and approved as standard policy if a club member dies without amending the by-laws

Link to comment
Share on other sites

There may be no specifics on brunch tables in the bylaws, in fact it would be unusual to find anything like that in the bylaws, but that doesn't mean this motion would fall outside the purposes and objective of the society.   In fact, it seems pretty clear to me that this falls within the realm of routine business.

 

So,  there is no need to formulate a standard policy on deceased club members, unless you really want to.  You can simply move to offer this table to the family of this deceased member, vote on it, and move on.  

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...