An assembly delegating its authority to a special committee

[Guest W. Watson]

 

My organization bylaws states very specifically that the organization will award a scholarship annually (the amount to be decided by the budget committee) and the assembly will elect the recipient. Can the responsibility to select the recipient be delegated to a special committee without amending the organization's bylaws?

 

 

[jstackpo]

I'd say yes, the "selection" (winnowing out the best candidate(s) for the scholarship) could be undertaken by a committee but the committee could only recommend its choice(s) to the assembly.  The assembly would have the final ("Yes/No" or "Pick One" from a field of possibilities) decision.  

But, as usual on this B-Board, this is a bylaw interpretation question that will be up to the association to make. We haven't read your bylaws and we aren't members.

[George Mervosh]

I'm inclined to believe the assembly can delegate it's authority on this matter, simply because I don't see any prohibition against it in the book, and I"m not sure the bylaw provision is written to prohibit it.  In fact I think it's a splendid idea to have a handful of people decide the matter over a much larger group, where it may be difficult to decide and consume a great deal of the assembly's time making the decision.

 

[Richard Brown]

I agree with mr. Mervosh. I believe the assembly can delegate the task of selecting a recipient to the committee. It is equivalent, in my mind, to establishing a committee with power to carry out its recommendations.

[jstackpo]

Since two of you disagree, I'll have to straighten both of you out and argue that the OP (Guest Watson) said "bylaws states very specifically that the organization will award a scholarship annually ... and the assembly will elect the recipient."

Keeping in mind that selecting, i.e.nominating, a candidate (for office or scholarship) is quite distinct from actually placing him in office (the latter is called an "election" or an "appointment"), I'd still have to say that ONLY the assembly can actually award the scholarship, while a committee could make a selection (for the assembly's subsequent consideration).  I presume (perhaps rashly) that the assembly could ignore the committee's recommendation(s) and give the scholarship to me, it it chose.  [Just like the Electoral College is not obligated to vote for u-kno-who next Monday.]  If the bylaws say "You do it, assembly!" then the assembly can't delegate that job.

But this conclusion assumes that Guest Watson's bylaws are as explicit as his paraphrase in the original posting.

[Dan Honemann]

I'm inclined to agree with John.

If the bylaws do, in fact, say that the assembly will elect the recipient, then the assembly must elect the recipient.

[Gary Novosielski]

I'm also of the view that the assembly can't delegate power to do this, if the bylaws are that specific.

But like any motion to do anything, the assembly could refer the matter to a committee for buffing and polishing before acting on, amending, or ignoring its recommendations, which would be in the nature of nominations

[Richard Brown]

Guest Watson, can you quote exactly what your bylaws say about selecting the recipient? An exact quote, please, not a paraphrase.

[Gary c Tesser]

Why is the rule about whom selects the recipient not a suspendible rule of order, please?  Whomse rights is it protectimg?

[jstackpo]

Absentees.

"Who picks" is a structural (bylaw) rule defining the rights of the members when assembled.

[Shmuel Gerber]

15 hours ago, Gary c Tesser said:

Why is the rule about whom selects the recipient not a suspendible rule of order, please?  Whomse rights is it protectimg?

Because it's not a rule of order at all, please.