Exceptions

[Shmuel Gerber]

22 hours ago, Victoria H. said:

The assembly has the ability to create academic policy at a university, such as "A student cannot take more than 15 credits each semester."

If that policy is in force, the committee or the assembly itself cannot then approve a proposal to create a program where a student is allowed to take more than 15 credits in a semester.

The committee cannot approve the motion to approve the proposal since it conflicts with the assembly's policy, and the assembly cannot approve it either, without changing or rescinding the original policy. And if by chance either does so (in ignorance of the original policy, for example), the motion to approve the proposal is null and void.

Is that correct?

 

21 hours ago, Victoria H. said:

The Committee cannot recommend to approve anything that conflicts with the assembly's rules (but could recommend to change those rules).

The assembly can rescind or change its rules but cannot grant exceptions to them.

 

21 hours ago, Bruce Lages said:

I think you have to be a little careful with your wording here. As stated above, the Committee can certainly  recommend things that conflict with the assembly's rules; they cannot approve those changes on their own, unless granted that power. Stating that they "cannot recommend to approve anything..." muddles the situation unnecessarily.

This presents an interesting question. On the one hand, it is obvious that a committee should not be recommending actions that cannot be validly adopted by the assembly. On the other hand, I don't think it necessarily violates any rule of parliamentary procedure for the committee to do so. In other words, based solely on the rules in RONR, I would tend to think that a committee chairman cannot rule that a particular recommendation is out of order on the basis that the assembly cannot validly adopt it, but rather this consideration must be part of the committee's deliberative process.

And in this particular case, I suspect that making that very determination -- as to whether a particular proposal meets all policy requirements of the organization -- is one of the committee's primary duties.

[Dan Honemann]

2 hours ago, Shmuel Gerber said:

 

 

This presents an interesting question. On the one hand, it is obvious that a committee should not be recommending actions that cannot be validly adopted by the assembly. On the other hand, I don't think it necessarily violates any rule of parliamentary procedure for the committee to do so. In other words, based solely on the rules in RONR, I would tend to think that a committee chairman cannot rule that a particular recommendation is out of order on the basis that the assembly cannot validly adopt it, but rather this consideration must be part of the committee's deliberative process.

And in this particular case, I suspect that making that very determination -- as to whether a particular proposal meets all policy requirements of the organization -- is one of the committee's primary duties.

I agree with all of this, but would note that, instead of recommending to the assembly that it adopt a motion that is improper, what the committee can and should do is recommend to the assembly that it adopt a motion to amend or rescind its previously adopted policy.