Mr. Chang

[Guest Member X]

Can an issue be brought forward to the New Board to deal with without a motion to forward that issue to the New Board?  The situation is this...the Old Board appointed candidates to filled up committees position, but unfortunately they can't find enough candidates to filled up all of the position that are required.  During the New Board meeting (some members of the New Board are the same people that are in the Old Board) they want the New Board to appoint/find more candidates to filled up the committees position as required.  Can the New Board handle this issue or the New Board need to have a motion carried forward from the Old Board (Old Board and New Board..this board are a yearly term and the Old Board's term are ended).

Thanks

     

[Hieu H. Huynh]

1 hour ago, Guest Member X said:

Can the New Board handle this issue

Yes.

[Joshua Katz]

Is it a standing or special committee?

[Atul Kapur]

Agreeing with Mr H, I note the old board no longer exists. Therefore, if you are waiting for the old board to give the new board permission or instructions, you're going to be waiting forever.

I am assuming that the committee has a continued existence beyond the change  in membership of the board. Mr. Katz's question suggests that he is not willing to make that assumption,

[Joshua Katz]

Making Dr. Kapur's assumption, I agree with his answer. The way the question was worded suggested to me, though, that the board created a special committee. I would also note that, while it can be done without some sort of motion to give the board "permission," a motion will still be needed, either to appoint people or via an election, which is itself akin to a motion with a blank. 

[Guest Member X]

Thank you for your answered.  All of your answered are good and it is very helpful.  The committees are not special committee.  And "Yes" I think the new board can handle it, but just said that if all of the new board members are new candidates and no one from the old board, if we don't need a motion carried over from the old board, then how do we know there an issue need to be handle.  How do the new board know whats going on with the old board without a motion forward or something from the old board? 

Our bylaw stated that these committee needs to be appointed by the board, but it doesn't state whether the new board or the old board to appoint these committees.

[Joshua Katz]

6 minutes ago, Guest Member X said:

The committees are not special committee.  And "Yes" I think the new board can handle it, but just said that if all of the new board members are new candidates and no one from the old board, if we don't need a motion carried over from the old board, then how do we know there an issue need to be handle.

Because you have a standing committee, which the board is supposed to appoint members to, with fewer members than it's supposed to have. No one has to tell you that this means you should appoint more members. 

 

7 minutes ago, Guest Member X said:

Our bylaw stated that these committee needs to be appointed by the board, but it doesn't state whether the new board or the old board to appoint these committees.

Obviously the bylaws wouldn't say either - it is the board which appoints the committees. That is, the board that exists. Former board members have no power - and neither, for that matter, do board members have individual powers. Their only power is to vote, and it is the board as an entity which acts. There is, in this sense, no "old board" and "new board." There is just a board whose membership changes, and at any time, the current members of the board can vote on decisions, which then become the decision of the board.