Can a committee choose to make decisions however they'd like?

[user]

On our Executive Committee, there is a VP. This VP has his own committee that he is the chair of. The committee he is the chair for is a bit less formal and its members are not well versed in parliamentary procedure.

I've noticed the meetings of that committee act more like meetings would in the business world. The VP who runs that committee basically gets final say on things. I've never seen a vote take place. No complaints so far.

Is this ok? Can they decide to do that? Is there a name or official section in RONR that describes this?

Edited April 25, 2020 at 05:42 AM by user

[Rob Elsman]

If no one does not acquiesce, there seems to be no problem. Happily, this committee seems to operate by routine, unanimous consent.

[Atul Kapur]

If they are, as Mr. Elsman says, operating using unanimous consent, that's fine. As long as the members know that they have alternatives and that they do not have to do it that way.

[user]

Also, the chairs of these committees often bring the decisions/recommendations of their committees to the Executive Committee meeting for ratification.

Hypothetically, if the VP chairing his committee didn't like an official vote and decision that took place in his committee, since the VP is the one presenting those decisions/recommendations to the Executive Committee, is he obligated to go with what his committee voted on? Couldn't he use his voice at the Executive Committee to persuade them to override a decision made in the committee he chairs?

[Bruce Lages]

The report of a committee is what has been agreed to by a majority of the committee members, so it would certainly not be appropriate for the committee chair to present something different to the executive committee. While committees don't generally keep minutes, it's probably a good idea for the committee's final report to be in writing, stating just what was agreed to by the committee. That would make it more difficult for a rogue chair to substitute his own recommendations for those that the committee approved.

But the executive committee is in no way obligated to agree to the committee's recommendations. They can accept the report and carry out its recommendations, they can reject the report and perhaps do nothing, or they can reject the report and do something entirely different from what the committee recommended. Unless they are constituted with the power to act on their own, committees can only make recommendations to their parent assemblies.

[Josh Martin]

15 hours ago, user said:

On our Executive Committee, there is a VP. This VP has his own committee that he is the chair of. The committee he is the chair for is a bit less formal and its members are not well versed in parliamentary procedure.

I've noticed the meetings of that committee act more like meetings would in the business world. The VP who runs that committee basically gets final say on things. I've never seen a vote take place. No complaints so far.

Is this ok? Can they decide to do that? Is there a name or official section in RONR that describes this?

Yes, it is okay, and they can do that. It is called unanimous consent. It is a very common way of conducting most business in committees and small boards. If and when a member objects (which apparently has yet to occur), a vote would need to be taken. See RONR, 11th ed., pgs. 54-56 for a discussion of unanimous consent.

I concur with Mr. Kapur that it should be made clear to members that they have the right to object if they wish to do so.

3 hours ago, user said:

Also, the chairs of these committees often bring the decisions/recommendations of their committees to the Executive Committee meeting for ratification.

I would say "approval" rather than "ratification." The latter has a particular meaning in parliamentary law which I doubt is what was intended here.

In any event, this is how things usually work.

3 hours ago, user said:

Hypothetically, if the VP chairing his committee didn't like an official vote and decision that took place in his committee, since the VP is the one presenting those decisions/recommendations to the Executive Committee, is he obligated to go with what his committee voted on? Couldn't he use his voice at the Executive Committee to persuade them to override a decision made in the committee he chairs?

In the event such a situation arises, the committee should select a different member of the committee to act as reporting member in this instance, since it is not really ideal for anyone for a person who is not in favor of the recommendation to report on it. It is awkward for the reporting member, and the committee is best served by having a supporter of the recommendation act as its spokesman. It appears in this situation that only the committee chairmen are members of the parent assembly, and therefore the permission of the parent assembly will be necessary, but one hopes that the parent assembly will see the wisdom of this and grant such permission. Additionally, since the reporting member is not a member of the Executive Committee, someone who is a member of the Executive Committee will need to make the motion.

If this advice is followed, the committee chairman is not obligated to go with what his committee voted on, and he is free to use his voice at the Executive Committee to persuade them to override a decision made in the committee he chairs. Committee members are not bound by any sort of "gag order." They remain free to express their own opinions at the parent assembly.

If the committee and/or its parent assembly unwisely choose to not follow the above advice, then I suppose the next best thing would be for the committee chairman to present the committee's recommendation but not move its adoption. Another member of the executive committee would move its adoption. The committee chairman is obligated in such a case to faithfully present the committee's report as agreed to by the committee, but he is not obligated to speak in favor of it, and is still free to speak against it.

If for some reason the committee chairman both presents the committee's recommendation and moves its adoption (which would be rather unusual for a motion he opposes), he would be obligated to faithfully present the committee's report as agreed to by the committee, and would be prohibited from speaking against it, but he would still not be obligated to speak in favor of it.

Edited April 25, 2020 at 08:52 PM by Josh Martin

[Benjamin Geiger]

20 hours ago, Josh Martin said:

Committee members are not bound by any sort of "gag order." They remain free to express their own opinions at the parent assembly.

I do see a small wrinkle here, though: what happens when those committee members aren't members of the parent body?

[Josh Martin]

2 minutes ago, Benjamin Geiger said:

I do see a small wrinkle here, though: what happens when those committee members aren't members of the parent body?

I feel like I covered that.

20 hours ago, Josh Martin said:

In the event such a situation arises, the committee should select a different member of the committee to act as reporting member in this instance, since it is not really ideal for anyone for a person who is not in favor of the recommendation to report on it. It is awkward for the reporting member, and the committee is best served by having a supporter of the recommendation act as its spokesman. It appears in this situation that only the committee chairmen are members of the parent assembly, and therefore the permission of the parent assembly will be necessary, but one hopes that the parent assembly will see the wisdom of this and grant such permission. Additionally, since the reporting member is not a member of the Executive Committee, someone who is a member of the Executive Committee will need to make the motion.

 

Edited April 26, 2020 at 05:23 PM by Josh Martin

[Benjamin Geiger]

Ah, I missed that part. Sorry.