Withdraw Nominations?

[Guest Jimm]

Here's a question for parliamentary procedure following Robert's Rules:

 

Suppose there is a vacancy in a Standing Committee and the bylaws say the President can nominate a replacement to fill that vacancy, but it needs to be Ratified by the Executive Board.    Once the motion to nomination an individual is before the Executive Board, can the President "withdraw" the nomination prior to the vote?    A nomination is submitted, the motion is on table, can the nomination be withdrawn starting over?

Or, once on the table, only the Executive Board can modify it with a vote to ratify?

I was under the impression that once the motion is on the Table, it cannot be changed by the mover.

Thanks 

[Guest Zev]

The motion is under the control of the Executive Board and only they can determine its fate. The nomination itself, however, is the president's nomination and he can do whatever he wants with it until the moment the Executive Board ratifies it. Even if he withdraws the nomination and the Executive Board refuses to recognize that fact the now-unnominated candidate can always say he resigns and the president just starts over.

[Hieu H. Huynh]

Ultimately it is up to your organization to interpret your bylaws.

[Josh Martin]

44 minutes ago, Guest Jimm said:

Here's a question for parliamentary procedure following Robert's Rules:

 

Suppose there is a vacancy in a Standing Committee and the bylaws say the President can nominate a replacement to fill that vacancy, but it needs to be Ratified by the Executive Board.    Once the motion to nomination an individual is before the Executive Board, can the President "withdraw" the nomination prior to the vote?    A nomination is submitted, the motion is on table, can the nomination be withdrawn starting over?

Or, once on the table, only the Executive Board can modify it with a vote to ratify?

I was under the impression that once the motion is on the Table, it cannot be changed by the mover.

RONR does not directly address the question of what happens if the chair wishes to withdraw a member he has nominated, it would seem that the general rule applies - that, when it is pending, it may be withdrawn at this point only with the assembly’s consent.

As to the question regarding modification of the motion, I would note that the rules on this subject are unique.

“Any member can then move to strike out one or more names—but not to insert new ones, which the chair must do if such a motion to strike out is adopted.” (RONR, 11th ed., pg. 495)

This is, however, a rather unusual situation. It may be helpful if you could explain what exactly gives rise to this issue and what everyone is trying to accomplish.

Or is this a purely hypothetical question?

20 minutes ago, Guest Zev said:

The motion is under the control of the Executive Board and only they can determine its fate. The nomination itself, however, is the president's nomination and he can do whatever he wants with it until the moment the Executive Board ratifies it.

To be clear, however, the President withdrawing his nomination will not change the motion before the board.

20 minutes ago, Guest Zev said:

Even if he withdraws the nomination and the Executive Board refuses to recognize that fact the now-unnominated candidate can always say he resigns and the president just starts over.

Yes, if the situation is that both the President and the nominee no longer wish for this person to serve, then it would seem rather pointless to confirm this person.

I am not certain, however, that this is the situation. I can think of at least two other possibilities:

• The President no longer wishes for this person to serve, but both the board and the nominee wish for this person to serve.
• The board doesn’t intend to confirm the nomination - it wishes to go on record defeating the nomination.

Edited September 26, 2018 at 11:37 PM by Josh Martin

[Guest Who's Coming to Dinner]

45 minutes ago, Guest Jimm said:

Once the motion to nomination an individual is before the Executive Board, can the President "withdraw" the nomination prior to the vote?    A nomination is submitted, the motion is on table, can the nomination be withdrawn starting over?

There is no such thing as a "motion to nomination." To come before the board, someone must move to ratify the nomination. Before that point, I would say the President may unilaterally withdraw the nomination. After that point, it is under the control of the board.

[Richard Brown]

1 hour ago, Josh Martin said:

RONR does not directly address the question of what happens if the chair wishes to withdraw a member he has nominated, it would seem that the general rule applies - that, when it is pending, it may be withdrawn at this point only with the assembly’s consent. 

I agree.

1 hour ago, Guest Who's Coming to Dinner said:

There is no such thing as a "motion to nomination." To come before the board, someone must move to ratify the nomination. Before that point, I would say the President may unilaterally withdraw the nomination. After that point, it is under the control of the board.

And I agree with  this as well.  I believe Mr. Martin and GWCTD are saying essentially the same thing on this point.

[Guest Jimm]

1 hour ago, Josh Martin said:

“Any member can then move to strike out one or more names—but not to insert new ones, which the chair must do if such a motion to strike out is adopted.” (RONR, 11th ed., pg. 495)

Not in this case as the bylaws give the President the exclusive power to nominate, and the Board only the power to ratify.

 

1 hour ago, Josh Martin said:

Yes, if the situation is that both the President and the nominee no longer wish for this person to serve, then it would seem rather pointless to confirm this person.

Both wish the nominee to serve, just that some members are asking for the President to withdraw his nomination, which I don' think he can do even if he (they) wanted him to once it has been put on the table for the Board.   It already a motion being considered by the Board.

1 hour ago, Guest Who's Coming to Dinner said:

There is no such thing as a "motion to nomination." To come before the board, someone must move to ratify the nomination.

Yes, that is what I meant essentially; that is what I'm asking.   Good catch.

2 hours ago, Josh Martin said:

This is, however, a rather unusual situation. It may be helpful if you could explain what exactly gives rise to this issue and what everyone is trying to accomplish.

Or is this a purely hypothetical question?

No, its a real scenario.   Just wasn't sure that once submitted by the nominator to the Board, and is now in the process of being consider by the Board, if the nominator had the right to "withdraw" his nomination after the Board was in the process of considering that nominee.

My contention was that once the Board took up that business, they owned it and the nominator could not "withdraw" it.

 

[Josh Martin]

12 hours ago, Guest Jimm said:

Not in this case as the bylaws give the President the exclusive power to nominate, and the Board only the power to ratify.

Yes, I understand that. That is why the rule in question reads the way it does. The board cannot strike a name and insert a new name in its place. If there were multiple names submitted, however, the board could strike one of those names and proceed to confirm the others, or the board could strike one of the names to force the President to submit a new name.

Since there is only one nominee in this case, it would seem the motion cannot be modified at all, since striking the name would have the same effect as defeating the motion.

12 hours ago, Guest Jimm said:

No, its a real scenario.   Just wasn't sure that once submitted by the nominator to the Board, and is now in the process of being consider by the Board, if the nominator had the right to "withdraw" his nomination after the Board was in the process of considering that nominee.

My contention was that once the Board took up that business, they owned it and the nominator could not "withdraw" it.

Yes, I think it is correct that, so far as RONR is concerned, the President may not withdraw his nomination at this time.

[Guest Zev]

I question on what basis is the president prohibited, or somehow or by someone, restrained from withdrawing a nomination. A reference would be appreciated to clarify this issue.

The existence of a motion to ratify the nomination on the Executive Board's table is a fact. This is a known quantity as far as parliamentary procedure is concerned and the president can do nothing about it. The nomination itself is an internal political act which is at the discretion of the president and parliamentary procedure can do absolutely noting about it. Why then is the argument being made that the president can no longer exercise his discretion?

[Josh Martin]

1 hour ago, Guest Zev said:

I question on what basis is the president prohibited, or somehow or by someone, restrained from withdrawing a nomination. A reference would be appreciated to clarify this issue.

The existence of a motion to ratify the nomination on the Executive Board's table is a fact. This is a known quantity as far as parliamentary procedure is concerned and the president can do nothing about it. The nomination itself is an internal political act which is at the discretion of the president and parliamentary procedure can do absolutely noting about it. Why then is the argument being made that the president can no longer exercise his discretion?

Do you feel it would be a more accurate statement if we said “The President may withdraw his nomination, but this does not prevent the board from acting on the motion at this time”?

[Guest Zev]

On ‎9‎/‎26‎/‎2018 at 4:16 PM, Guest Zev said:

The motion is under the control of the Executive Board and only they can determine its fate.

 

On ‎9‎/‎26‎/‎2018 at 4:32 PM, Josh Martin said:

To be clear, however, the President withdrawing his nomination will not change the motion before the board.

Yes. I think we agree on this matter.

9 hours ago, Josh Martin said:

Yes, I think it is correct that, so far as RONR is concerned, the President may not withdraw his nomination at this time.

I did not want the bolded part to imply that the president could not exercise his discretion before the Executive Board rendered a decision. What he definitely cannot do is make the motion on the Executive Board's table to simply disappear.