Delegated Authority

[Carolyn]

This is a question related to the recent thread "COVID-19 and Emergency Authority," but the specific question I have is not addressed there.

Am I right in assuming that when an Executive takes a decision by "delegated authority" there is no question that the body from whom it receives the delegated authority always has the right to review and possibly revoke the decision taken?

I would think this is to be taken for granted, but it is likely to be a contested issue at a meeting I am attending this afternoon, and I'd prefer to go in armed with the correct information rather than have to enquire after the fact!

I see, on page 485 of my 11th edition, " . . . committees of the board always report to the board."

I also see that an executive "cannot alter any decision made by the board (just as the board cannot alter any decision made by the society."

I don't see a statement of quite the kind I'm after . . . .

I'd be very grateful to hear your expert views, as always!

Carolyn

 

 

 

 

 

Edited April 20, 2020 at 04:46 PM by Carolyn

[George Mervosh]

"The amount of regular power delegated to an executive board under the bylaws varies considerably from one organization to another. If the society as a whole meets less often than within quarterly time intervals (pp. 89–90), or if its main purpose is other than to transact business, the entire administrative authority of the society is best left to the board between the society's meetings. Usually in organizations meeting monthly or oftener, and sometimes in those meeting quarterly, the board is not given so much power, since the society can attend to much of its business at its regular meetings. (For appropriate wordings for the governing provision in the bylaws in each of these two cases, see pp. 578, 586.) In any event, no action of the board can alter or conflict with any decision made by the assembly of the society, and any such action of the board is null and void (see p. 577, ll. 23–33). Except in matters placed by the bylaws exclusively under the control of the board, the society's assembly can give the board instructions which it must carry out, and can rescind or amend any action of the board if it is not too late (see 35)."  RONR (11th ed), pp. 482-83

I don't see any difference in the rules between the authority delegated by the bylaws, as mentioned above, and authority specifically delegated by a society's assembly in a particular circumstance.

Edited April 20, 2020 at 06:38 PM by George Mervosh

[Gary Novosielski]

I'm not clear who delegated the authority to this one officer.