Motions from ex officio board members

[Guest FL Steve]

Our private club BOD consists of ten elected members and about ten ex officio members who are committee chairs.  Our bylaws state that the ex officio board members are not permitted to vote.  That is the only stated limitation.  Can these ex officio members make motions and amend motions? 

[jstackpo]

One would think so, else what purpose would there be in their ex-officio (without vote) membership?

[Hieu H. Huynh]

FAQ #2 may be of use. They can't vote if your bylaws say they can't vote.

[Guest FL Steve]

Jstackpo, in my opinion voting sets policy.  If they are not allowed to vote, why could they make motions which create policy?  Their purpose could be as subject area specialists in debate and discussion.

[jstackpo]

Sure, good argument.  But since your bylaws don't identify the consequences of disenfranchisement, it will be up to your association to decide what they are.  RONR only recognizes two states related to membership: membership with all membership privileges, &c, and non-membership (everybody else, including me) with none of them.  Your bylaws have introduced a third state, membership-without-vote, but not defined what it means.

[Richard Brown]

Guest Steve, please quote for us EXACTLY what your bylaws say about these committee chairs serving ex officio and about them not having the right to vote.  Don't paraphrase... quote exactly.

Edited to add:  It is my firm opinion, and the opinion of many other regular posters, that members have all of the rights of membership except for those specifically withheld or prohibited by the bylaws.  If it is intended that they not be able to make motions the bylaws should say so, just as the bylaws should say so if they are to have their rights to debate or to attend meetings in any way restricted.

Edited again to add:  As the answer to FAQ # 2 points out, ex officio members have exactly the same rights as all other members.  Here is the pertinent quote:  " Without exception, ex-officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote."   In the case of your organization, your bylaws restrict only the right to vote.

Edited February 24, 2018 at 10:06 PM by Richard Brown
Added last two paragraphs

[jstackpo]

2 hours ago, Guest FL Steve said:

Jstackpo, in my opinion voting sets policy.  If they are not allowed to vote, why could they make motions which create policy? 

If they are allowed to debate, that can influence policy just as much as making motions.  The whole purpose of debate is to convince other folks that the policy you espouse, no matter who made the motion stating the policy,  is a good one and that they should vote for it, even though you, the non-voting ex-officio member, can't vote.

[Guest FL Steve]

• Unless a regularly-elected Director, the following Flag and Club Officers shall be ex-officio Members of the Board, without the right to vote: Fleet Captain(s), Fleet Surgeon, Fleet Chaplain(s), Secretary, Historian, Membership Chairperson, Finance committee Chairperson, Insurance Committee Chairperson, and Delegate Council of Yacht Clubs.

[Gary Novosielski]

3 hours ago, Guest FL Steve said:

Jstackpo, in my opinion voting sets policy.  If they are not allowed to vote, why could they make motions which create policy?  Their purpose could be as subject area specialists in debate and discussion.

They could arguably make motions because the rule, which presumably could have prohibited them from doing so, does not.  It only prohibits them from voting.

[Shmuel Gerber]

21 hours ago, Guest FL Steve said:

Can these ex officio members make motions and amend motions? 

Actually, no board members can amend motions. The best they can do is make a motion to Amend, and then the board decides whether or not to amend the pending motion.