Filling Special Committee Vacancies

[Josh Martin]

14 hours ago, Gary Novosielski said:

Well, if they're not reports, and not special or general orders, where would they come up if not under New Business?

Or were you questioning whether the chair could announce them before someone made a motion?

Yes, I was questioning the suggestion that the chair can and should automatically call for nominations to fill a vacancy. It seems to me that the procedure the assembly followed was entirely correct.

[Gary Novosielski]

I have no problem with members making such a motion, but if, as often happens, everybody is waiting for somebody else to do so, the chair should take the initiative to bring this necessary business before the body.

I guess if need be the chair could suggest appropriate action more formally by saying "The chair will entertain a motion to...."  

[Nathan Zook]

On 2/3/2019 at 12:08 PM, Shmuel Gerber said:

 

We don't have the exact wording of the bylaws, but I think in this case it might be perfectly reasonable to interpret the provisions as excluding the vice-president from being counted toward the quorum.

I would think that the language of RONR, 11th Ed, pg 579, ll 24-28 indicates that the exemption applies to any officer who is an ex officio member of all committees, excepting particular committees.

"The section may also provide that certain officers--for example--the president 'shall be ex officio a member of all committees except the nominations committees except the Nominations Committee.'  In that case, the president has the right, but not the duty, of participating in the work of the committees." (Emphasis added)

Does this not state that the "right, but not the duty" clause functions as the result of the "all committees" clause regardless of office?

 

In the particular example before us, I would think that the limitation of committee sizes to 3 or 5 (being small and odd) would suggest intent for this to be the case.  But of course, your organization, your interpretation.

[Shmuel Gerber]

2 hours ago, Nathan Zook said:

I would think that the language of RONR, 11th Ed, pg 579, ll 24-28 indicates that the exemption applies to any officer who is an ex officio member of all committees, excepting particular committees.

"The section may also provide that certain officers--for example--the president 'shall be ex officio a member of all committees except the nominations committees except the Nominations Committee.'  In that case, the president has the right, but not the duty, of participating in the work of the committees." (Emphasis added)

Does this not state that the "right, but not the duty" clause functions as the result of the "all committees" clause regardless of office?

Well, what it actually says is this: “This section may also provide that certain officers—for example, the president—‘shall be ex officio a member of all committees except the Nominating Committee.’ In that case, the president has the right, but not the duty, of participating in the work of the committees.”

If you read that literally, unfortunately it doesn't make much sense -- it says that the president has the right of participating in the work of the committees when the bylaws provide that 'certain officers' shall be ex officio a member of all committees.

 But you make a good point in that it would seem to apply to other officers as well as to the office of president.

[Nathan Zook]

Grr.  I should have checked myself twice.  I'm not used to typing out quotes.  Sorry & thanks.

 

[Benjamin Geiger]

An aside: We had to introduce language into our bylaws to deal with this, as all five of our officers (two vice chairs) are ex officio members of all committees, making quorum nigh impossible.

Quote

8.1.3  The quorum for each committee shall be a majority of the members of that committee, excepting officers who are members of that committee solely by virtue of being ex officio members of all committees.

8.1.4  Officers who are members of a committee solely by virtue of being ex officio members of all committees have the right, but not the obligation, to participate in the proceedings of the committees, and are not counted in determining the number required for a quorum or whether a quorum is present at a meeting.

 

Edited February 25, 2019 at 01:03 AM by Benjamin Geiger