JerryRig Posted March 17, 2015 at 12:31 PM Report Share Posted March 17, 2015 at 12:31 PM A motion was made at a regular meeting to set the specific time and date for a special called business meeting to elect a special committee. The motion passed with a specific time and date.The motion was not necessary because the Bylaws permit a special meeting to be called by giving previous notice at a general meeting. In the notice the time and date would be established by the person giving the notice.The Bylaws define the nominee qualifications and voting process (ballots) for the special meeting.At the special called meeting, after the meeting is called to order and quorum confirmed, does a motion need to be made to begin the election process or can the chairman start the nomination process without a motion, second and discussion? Link to comment Share on other sites More sharing options...
jstackpo Posted March 17, 2015 at 12:58 PM Report Share Posted March 17, 2015 at 12:58 PM Seems most likely that the chair could first check for a quorum THEN open the meeting (in that order - see p. 25, line 10), remind the attendees of the purpose of the meeting, and then open the floor for nominations of (potential) committee members. Election follows. Then adjourn. Don't forget that the merits (or lack thereof) of nominees can be discussed (tinted p. 18, #49), once you (collectively) know who they are. Link to comment Share on other sites More sharing options...
JerryRig Posted March 17, 2015 at 01:58 PM Author Report Share Posted March 17, 2015 at 01:58 PM Thank you. I have a follow-up question.Normally, a committee making a motion can offer a slate of nominees. The chairman would then open the floor for additional nominations.As in this special called meeting case, a committee would not be making a motion, therefore, can an existing committee offer a slate of nominees or must the nominees be offered in the normal one-at-a-time manner? Link to comment Share on other sites More sharing options...
Josh Martin Posted March 17, 2015 at 02:01 PM Report Share Posted March 17, 2015 at 02:01 PM As in this special called meeting case, a committee would not be making a motion, therefore, can an existing committee offer a slate of nominees or must the nominees be offered in the normal one-at-a-time manner?Do you actually have an existing committee which is charged with making nominations for special committees? If so, it may certainly do so. If not, then there will only be nominations from the floor. Link to comment Share on other sites More sharing options...
JerryRig Posted March 17, 2015 at 02:25 PM Author Report Share Posted March 17, 2015 at 02:25 PM We do not have an existing committee which is charged with making nominations for special committees. Thanks again for the information. Link to comment Share on other sites More sharing options...
JerryRig Posted March 18, 2015 at 11:38 AM Author Report Share Posted March 18, 2015 at 11:38 AM Another question relating to this special committee is- Our bylaws provide qualifications and requirements for a special committee which will be elected in a few months. An existing special committee, which has been already approved for different tasks, has started working on tasks that the yet to be established special committee will be handling. RONR pg.. 492, Line 7 states, "A special committee may not be appointed to perform a task that falls within the assigned function of an existing committee". Where are the proper references to stop the existing special committee? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 18, 2015 at 12:16 PM Report Share Posted March 18, 2015 at 12:16 PM Well, that [RONR pg.. 492, Line 7] would be the reference to stop them, if they were violating that rule. But it doesn't sound like they are, as they are not performing any task that falls within the assigned function of an existing committee. If I understand you, that other special committee does not exist--yet. But they may be performing tasks which they were never assigned, and that's another issue. A motion would be in order in the parent body to Instruct them to do things the way the parent body wants them to. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 18, 2015 at 01:52 PM Report Share Posted March 18, 2015 at 01:52 PM Another question relating to this special committee is-Our bylaws provide qualifications and requirements for a special committee which will be elected in a few months. An existing special committee, which has been already approved for different tasks, has started working on tasks that the yet to be established special committee will be handling. RONR pg.. 492, Line 7 states, "A special committee may not be appointed to perform a task that falls within the assigned function of an existing committee". Where are the proper references to stop the existing special committee?I'm not entirely certain that the rule on pg. 492 applies, because the other committee you are referring to does not currently exist. Nonetheless, since you say this other committee is called for in the bylaws, assigning another committee to these tasks would violate the bylaws. If this is what occurred, the motion which established this special committee is null and void.It is not entirely clear, however, whether the committee actually has been assigned these tasks, or if it has taken them up on its own initiative. If the latter is the case, the assembly should adopt a motion ordering the committee to cease working on these tasks and to focus on the tasks assigned by the assembly. If the committee fails to comply, the assembly should replace some or all of the committee's members with people who know how to listen. Link to comment Share on other sites More sharing options...
JerryRig Posted March 18, 2015 at 03:00 PM Author Report Share Posted March 18, 2015 at 03:00 PM Thank you I had thought one of these justifications would have applied.RONR pg 343, line 14Motions that conflict with the corporate charter, constitution, or bylaws of a society, or with procedural rules prescribed by national, state, or local laws, are out of order, and if any other motion of this kind id adopted, it is null and void.or/alsoRONR pg 589, line 33If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 18, 2015 at 06:29 PM Report Share Posted March 18, 2015 at 06:29 PM I had thought one of these justifications would have applied.RONR pg 343, line 14Motions that conflict with the corporate charter, constitution, or bylaws of a society, or with procedural rules prescribed by national, state, or local laws, are out of order, and if any other motion of this kind id adopted, it is null and void.or/alsoRONR pg 589, line 33If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited.Yes, I would say that both rules are applicable. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 18, 2015 at 07:37 PM Report Share Posted March 18, 2015 at 07:37 PM Yes, I would say that both rules are applicable. I would have thought that neither would be applicable, but that is most likely because I do not understand the facts. All this business about undisclosed bylaw provisions which provide for the "qualifications and requirements for a special committee which will be elected in a few months" leaves me wondering just exactly what it is that the bylaws say about these special committees and the tasks assigned to them. Link to comment Share on other sites More sharing options...
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