Bylaw question?

[Guest Bosshog1959]

Regarding committees. The President, with the advice and approval of the Board of Directors, shall appoint all standing committees.

The President and Secretary shall be members ex officio thereof. Committees appointed in connection with meetings of members shall be appointed by the President or elected by the meeting assembled, at the pleasure of the meeting.

Could someone please give me explanation of above? Thank you

[Rob Elsman]

I'm guessing it means just what it says. If it is not clear to your organization, it's probably time to re-write it in some other way.

[Greg Goodwiller, PRP]

First of all, the interpretation of bylaws is ultimately the responsibility of the assembly itself. That said, here is what those statements mean to me. "Standing committees" are committees that are named in your bylaws. And the statement says that the President names those who serve on those committees - with the "advice and approval" of the Board of Directors.

Then it says that the President and Secretary are ex officio (meaning by virtue of office) members of those committees. So although the President doesn't name them, they are automatically members of all standing committees.

Then it says that when members of the association decide in a meeting to create a special committee (a non-permanent committee appointed to carry out some specific purpose), it can also - presumably in the motion creating the committee - name its members; however, if it doesn't do so, then the President appoints them.

 

[Guest Bosshog1959]

Thank you,  

Does this also mean if the President deems necessary  to remove someone from a committee he or she also has that right?

[Bruce Lages]

Yes, but only for the committees for which he selects the members. When the membership appoints the members of a committee, only the membership can remove committee members.

[Atul Kapur]

3 hours ago, Guest Bosshog1959 said:

Thank you,  

Does this also mean if the President deems necessary  to remove someone from a committee he or she also has that right?

 

2 hours ago, Bruce Lages said:

Yes, but only for the committees for which he selects the members. When the membership appoints the members of a committee, only the membership can remove committee members.

However, I believe that the requirement for the approval of the board would also apply to the removal of a committee member.

[Bruce Lages]

3 minutes ago, Atul Kapur said:

 

However, I believe that the requirement for the approval of the board would also apply to the removal of a committee member.

Yes, and in both the case where the president effectively nominates committee members subject to approval by the board and the case where the membership selects committee members, removal of a committee member would require a vote identical to that for amending something previously adopted, i.e. a 2/3 vote or a vote of a majority of the entire membership, or a majority vote with previous notice. My previous reply should have distinguished these situations from the case where the assembly grants the president alone the power to select.