rights of members of a body

[Guest hummingbird]

Hi - I read a previous post that got me thinking and now a question.  It stated rights of members of an assembly are

attending meetings, making motions, speaking in debate, and voting (individual members of the body hold the rights).  

 

Here's the question - If the assembly makes by-laws and gives some smaller body, their committee, rights to access documents

do the individuals of that committee hold those rights and can access documents to fulfill their duties,

or only the committee in its entirety  (in other words only the committee when meeting  would

have the right - like making them hold hands and join at the hips as one body to take hold and access a document?)

 

What parts of Robert's Rules might shed light on interpretation of rights of members by virtue of being in a body that was given rights?

 

[Josh Martin]

Here's the question - If the assembly makes by-laws and gives some smaller body, their committee, rights to access documents

do the individuals of that committee hold those rights and can access documents to fulfill their duties,

or only the committee in its entirety  (in other words only the committee when meeting  would

have the right - like making them hold hands and join at the hips as one body to take hold and access a document?)

 

The society will need to carefully review the exact wording of the bylaws to answer this question. I could easily see it going either way.

 

What parts of Robert's Rules might shed light on interpretation of rights of members by virtue of being in a body that was given rights?

 

See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation for bylaws.

[Edgar Guest]

Here's the question - If the assembly makes by-laws and gives some smaller body, their committee, rights to access documents

do the individuals of that committee hold those rights and can access documents to fulfill their duties,

 

As Mr. Martin observed, it will depend on the precise language of the relevant bylaws. But bodies are given authority (maybe that's a better word than "rights") all the time without giving that authority to individual members of the body. For example, a board could have broad authority to act on behalf of the society but individual board members would not.

 

In your example I would imagine the committee could delegate a member to retrieve the documents (or copies thereof) so they can be examined at a committee meeting. Or request the secretary to deliver them (or copies thereof) to a committee meeting. It makes little sense to require a majority of the committee members to show up at the secretary's door.

[Guest hummingbird]

Thank you for the replies.  If only the body altogher has the authority, then

It's a problem of having to wait for a meeting to say what is wanted.  Then adjourn and wait for it to be gathered, then

meet again, then realize something else is needed, then adjourn and wait for it to be gathered, then meet again when it is found etc etc.  It 'is a

very slow and inefficient method than if a member of the committee has authority and could just ask as the info needed when and as determined. 

 

I'll have to review the rules of interpretation against the bylaws in question

 

 

 

[Gary Novosielski]

Thank you for the replies.  If only the body altogher has the authority, then

It's a problem of having to wait for a meeting to say what is wanted.  Then adjourn and wait for it to be gathered, then

meet again, then realize something else is needed, then adjourn and wait for it to be gathered, then meet again when it is found etc etc.  It 'is a

very slow and inefficient method than if a member of the committee has authority and could just ask as the info needed when and as determined.

It may seem cumbersome, but it's far less likely to cause problems than to have individual loose cannons throwing their weight around making demands, even conflicting demands, because they happen to be on a committee.

In general, absent specific language to the contrary, committees have only the authority they are given by the parent body, and may only exercise that portion of it that meets with majority approval.

The committee may delegate individual members with the task of obtaining information, but members cannot appoint themselves to such a task.

 

It would certainly be possible to establish a committee organized differently from that, but it would require very specific language.

[Richard Brown]

Here's the question - If the assembly makes by-laws and gives some smaller body, their committee, rights to access documents

do the individuals of that committee hold those rights and can access documents to fulfill their duties,

or only the committee in its entirety  (in other words only the committee when meeting  would

have the right - like making them hold hands and join at the hips as one body to take hold and access a document?)

I agree that the answer  could  go either way.   My own opinion, without having seen the bylaws or other relevant documents, is that as a practical matter, and based on what I believe to be the common custom, when a board or committee has the right to investigate or study something, perhaps for the purpose of making a recommendation, all of the committee members have the right, individually, to have access to and review those documents. 

 

I think it would take some special wording in the bylaws or the motion creating the committee or assigning a task to it in order to limit the access and review of the documents to the members actually present at a meeting while in the meeting.  Such a condition could be imposed, which could also limit the right of members to copy the documents or leave the meeting room with them, but I think it would pretty clearly impose such a condition.   The committee itself might agree that only one person, such as the chairman, would have the right to request outside documents on behalf of the committee.

 

It is quite common... very common.... for board members and committee members to do a lot of their work of reading and reviewing documents and obtaining information on their own time in order to be prepared to discuss them intelligently at the next meeting.   To require that they be able to see and read the documents only while the committee is actually assembled in a meeting seems awkward and counter prductive.