Out of Session / End of Session

[Bitwise]

The organization I am a part of has a committee that allows the chair certain privileges when the committee is "out of session". There's no definition in our bylaws for what constitutes being out of session, and I am trying to figure out when this out of session authority would be activated. Our policy states: "Occasionally, decisions must be made when the FAC is out of session. In those circumstances when a decision cannot wait for the next session: ... " Any thoughts?

[Atul Kapur]

It sounds like the committee has regularly scheduled meetings. Is there any provision for special meetings of this committee?

It also sounds like you have a recipe for creating disagreement and acrimony. For example, who decides whether a decision can wait until the next meeting?

[Greg Goodwiller, PRP]

In RONR, a “session” Of an assembly may be composed of a single meeting, or a series of meetings. If, for example, an annual convention of an organization meets for a week, each day may have multiple meetings, so that the entire session might be composed of maybe a dozen meetings.

In that case, it would not be inappropriate to say that the assembly was “in session,” even if a meeting was not currently being held.

I suggest you read more of what the bylaws say about this committee, and it’s meetings/sessions.

[Gary Novosielski]

22 hours ago, Bitwise said:

The organization I am a part of has a committee that allows the chair certain privileges when the committee is "out of session". There's no definition in our bylaws for what constitutes being out of session, and I am trying to figure out when this out of session authority would be activated. Our policy states: "Occasionally, decisions must be made when the FAC is out of session. In those circumstances when a decision cannot wait for the next session: ... " Any thoughts?

Yes, I think that that's an awful rule that can only cause trouble.  "Occasionally?"  On what occasions would that rule apply?  "Cannot wait?"   According to whom?  The person who wishes to do something that the committee probably would not approve of? 

And what is the role of this committee?  Typically a committee can only report recommendations to its parent body, so it's hard to imagine a decision to recommend something of such import that the recommendation cannot wait for the committee to actually recommend it.  Even then, it would have to wait for the next meeting of the parent body to act on the recommendation.

Out of session seems pretty straightforward.  I'd say it means at all times except when the committee is actually meeting--i.e., it has been called to order and has not yet adjourned.  

Edited October 23, 2019 at 04:46 AM by Gary Novosielski

[Transpower]

I interpret this as meaning that if there is an emergency, the chair may take an action.  However, this would have to be ratified at the next meeting.  If it's not ratified, the chair would not be reimbursed for any expenditures he or she made.

[Atul Kapur]

3 hours ago, Transpower said:

However, this would have to be ratified at the next meeting.

I do not think we have been given any information that suggests ratification is required. The original post does not specify the authority that is given to the chair in this situation, we are only told how the situation is triggered.

On 10/22/2019 at 2:13 AM, Bitwise said:

In those circumstances when a decision cannot wait for the next session: ... "

The words in the ellipsis may require ratification or may give the chair full authority to act on behalf of the committee.

Edited October 23, 2019 at 04:57 PM by Atul Kapur
corrected typo

[Richard Brown]

Agreeing with Messrs Kapur, Goodwiller and Novosielski, I believe more information and context is necessary for us to provide any meaningful input.  At a minimum, the precise language of the entire relevant provision in the bylaws is necessary.