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Wharton

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The Chairperson only has the authority the bylaws give him or her.  If the bylaws say the Secretary sends out notice (without bestowing someone the authority to delegate that duty to someone else) then the Secretary must send out the notice.  Of course, I think the devil is a bit in the details because it would be absurd to strictly hold that only the Secretary can send out notice if he or she refuses to send out the notice (for example the notice is for a Special Meeting in order to remove the Secretary from office) or cannot send out the notice (for example the Secretary died and the notice is to hold a Special Meeting to fill the vacancy).

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I believe the important thing is that the notice gets sent.  If the secretary is unable to send the notice himself, I think he or she should be able to have someone else send it on his behalf.  If the secretary refuses to send the notice, such as in the situation mentioned by Mr. Harrison above where the purpose of a special meeting is to remove the secretary from office, then surely the assembly could direct that someone else send the notice.  Whether the president could authorize someone else to do it is a little iffy, but I am of the opinion that the important thing is that the notice get sent, regardless of who sends it.

 

Others might disagree, so stay tuned.

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May the chairperson authorize someone other than the secretary to send a notice to the membership?

I think it would be helpful to have more information about the facts of this particular situation, such as what kind of meeting this is, whether the bylaws say anything regarding who sends meeting notices, and why the Secretary is not sending the notice.

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If the secretary is unavailable, the board or assembly could elect a secretary pro-tem, and he or she could be tasked with sending out the meeting notice.

 

A secretary pro tem serves only for the duration of the meeting. It's basically a way to have someone else take the minutes when the Secretary is absent.

 

The secretary pro tem does not have any of the administrative authority of the Secretary.

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Mr. Guest, you could be right, but do you have a citation for that?

This recent post by Mr. Mervosh might be persuasive:

 

RONR doesn't provide for any pro-tem officers other than President and Secretary, and remember, that designation only applies to their roles in a meeting, not any duties expected of the officers outside of meeting setting, and applies only for the duration of that session.

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If the secretary is unavailable, the board or assembly could elect a secretary pro-tem, and he or she could be tasked with sending out the meeting notice.

 

A secretary pro tem serves only for the duration of the meeting. It's basically a way to have someone else take the minutes when the Secretary is absent.

 

The secretary pro tem does not have any of the administrative authority of the Secretary.

 

RONR does provide for a chairman pro tem and secretary pro tem to serve until the election of permanent officers when forming a new society through a series of mass meetings.   It has always been my understanding, though, that with only that one exception, a chairman or secretary pro tem is elected to serve only for the duration of that one meeting, or, in certain circumstances, for more than one meeting (with previous notice, etc).  However, I have never understood those "officers" to take on any of the normal administrative duties of the regular chairman or secretary, but, rather, to serve only during meetings.  Sending out a notice of a meeting strikes me as an administrative duty outside of a meeting.

 

Here is the language on page 553 of RONR re a chairman and secretary pro tem of a new society serving until permanent officers are elected.  I don't think it's applicable in this case, though.  Does anyone disagree?

 

"Series of Mass Meetings; Temporary Society

If more than one mass meeting is necessary to achieve a certain objective, or if the group is working toward the formation of an organized society, a temporary organization to continue beyond a single mass meeting may become necessary. If so, the officers elected at the first meeting are designated chairman pro tem and secretary pro tem —although the words pro tem are not used in addressing these officers. If a permanent society is the aim of the group, the temporary officers serve until the election of permanent officers."

 

I don't believe this language from page 453 is applicable, either, as I think it applies to duties only during meetings.  It also provides only for a chairman pro tem serving beyond one  meeting; there is no reference to a secretary pro  tem being able to do that.  Comments?

 

"An elected chairman pro tem. If neither the president nor any vice-president is present, the secretary—or in the secretary's absence some other member—should call the meeting to order, and the assembly should immediately elect a chairman pro tem to preside during that session. Such office is terminated by the entrance of the president or a vice-president, or by the adoption of a motion to "declare the chair vacant and proceed to elect a new chairman" (see pp. 651–52). If the assembly is to elect a chairman pro tem to hold office beyond the current session (in the event that the president and the vice-presidents are unable to perform their duties for that length of time), notice must be given at the preceding meeting or in the call of the meeting at which such election is held."

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