Changing committee members mid-term

[Guest Guest Nana]

Our association president resigned due to health reasons after the 2nd meeting of his term.  Prior to resigning he appointed people to be on the by-law and nominating committees for the current year (Nov 1, 2019 - March 31, 2020). The vice-president stepped up to the position and is now trying to change the composition of those committees. Under Robert's rules is he allowed to do this. 

[Richard Brown]

10 minutes ago, Guest Guest Nana said:

The vice-president stepped up to the position and is now trying to change the composition of those committees. Under Robert's rules is he allowed to do this.

It depends on how those committee members were selected. Generally, the power to appoint (or elect) members to a committee includes the right to remove and replace those members. If the members were appointed by the president alone, pursuant to the bylaws or the motion which created the committee, then the president may remove and replace those members. If the committee members were selected in some other way, such as being elected or appointed by the membership or the board, then the president cannot remove them unless the bylaws give him that authority.

Edited to add: the fact that the President who made the appointments resigned and the former vice president is now the president makes no difference.

Edited January 6, 2020 at 01:13 AM by Richard Brown
Added last paragraph

[Guest Guest Nana]

Dang, not what we wanted to hear. This new president is creating much division within our community by claiming the use of "Executive Power" and changing committees to be more favorable to his positions. Thank you for your assistance. 

 

[Richard Brown]

Guest Nana, here is what RONR says about it on page 177:

VACANCIES IN A COMMITTEE. The power to appoint a committee includes the power to fill any vacancy that may arise in it. The resignation of a member of a committee should be addressed to the appointing power, and it is the responsibility of that power to fill the resulting vacancy (see also pp. 467–68). Unless the bylaws or other governing rules provide otherwise (see pp. 497, 653), the appointing authority has the power to remove or replace members of the committee: If a single person, such as the president, has the power of appointment, he has the power to remove or replace a member so appointed; but if the assembly has the power of selection, removal or replacement can take place only under rules applicable to the motions to Rescind or Amend Something Previously Adopted (see p. 497). Committee members are presumed to serve until their successors are appointed. (Emphasis added).

Note that the president can remove and replace committee members only if the bylaws give him the authority to make the appointments in the first place.  If the committee members are appointed by the Board or by the membership, a different method must be used and the president does not have the authority to remove or replace those members.

The president may be claiming that power based on his concept of "executive authority", but actually he has the power to do it only because RONR gives him that right provided the members were appointed by the president in the first place.

[Gary Novosielski]

On 1/5/2020 at 8:26 PM, Guest Guest Nana said:

Dang, not what we wanted to hear. This new president is creating much division within our community by claiming the use of "Executive Power" and changing committees to be more favorable to his positions. Thank you for your assistance. 

 

There's a lot of that going around.  By the way, RONR recommends strongly that the nominating committee should not be appointed by the president, nor should the president be a member of it.  This is not a rule, but a recommendation that organizations adopt such a rule in their bylaws.