Bylaws Committee Chair as Delegate

[Mark Apodaca, PRP]

During an upcoming conference, the chair of the bylaws committee will present 15 bylaw amendments to the delegates to vote on.  The chair is also a delegate himself.  He represents one state which will have three delegates and one alternate.  While he is presenting the amendments, can he vote or should he allow the alternate step in for him and vote as a delegate in his place.  I believe that the bylaws chair should focus on presenting the amendments and let the alternate take his place as delegate.  Much more cleaner?  Your thoughts and experience in handling this situation?

[Gary Novosielski]

The closest situation in RONR is a committee whose chair delivers the report of the committee, moves any recommendations that are included in the report, and if there is discussion, participates in debate on the merits of the motion(s) and then votes on their adoption. 

But that vote takes place not in the committee, but in the parent assembly to which the committee reports.  And when the committee chair casts that vote, he is not doing it as a committee chair, and has no duty of impartiality.  He is doing it as a member of the parent body and, like other committee members who are members of the parent body, votes freely.

I have made an assumption that all uses of the word "chair" in your question refer to the same individual.

[Mark Apodaca, PRP]

Yes, same individual.

 

[Josh Martin]

38 minutes ago, Mark Apodaca said:

During an upcoming conference, the chair of the bylaws committee will present 15 bylaw amendments to the delegates to vote on.  The chair is also a delegate himself.  He represents one state which will have three delegates and one alternate.  While he is presenting the amendments, can he vote or should he allow the alternate step in for him and vote as a delegate in his place.  I believe that the bylaws chair should focus on presenting the amendments and let the alternate take his place as delegate.  Much more cleaner?  Your thoughts and experience in handling this situation?

I concur with Mr. Novosielski that no rule in RONR would suggest the chairman of a committee should abstain from voting on the committee's recommendations or otherwise step aside from participating as a member.

I would also note that RONR does not have any procedure for an alternate to temporarily "step in" for a delegate. An alternate may only be upgraded to a delegate if the delegate relinquishes his position for the remainder of the convention (which generally would be done if the delegate was leaving the convention early). It may be, however, that the organization's rules provide otherwise on this matter.

[Rob Elsman]

He, and any other member of the committee who is also a delegate, is free to speak in debate, offer amendments or other secondary motions, and vote, just like any delegate who is not a member of the committee.  Since the chairman of the committee is the reporting member, he may not speak in debate in opposition to the recommendations of the committee.  If this is a problem, some other member of the committee should present the report to the delegates.

[Richard Brown]

I agree with the others and will make it unanimous, at least to this point! RONR does not cover that situation specifically, but I see nothing in RONR nor am I aware of any other reason why the committee chairman should refrain from voting on the items in his report.

[Dan Honemann]

Perhaps the reason why this question is being asked is because it is anticipated that the chairman of the bylaws committee will be presiding over the meeting during the time when he is presenting the proposed bylaw amendments, which, of course, shouldn't be happening (RONR, 12th ed., 47:12).

[Mark Apodaca, PRP]

Thank you...

I have been a member of the National Association of the Deaf since 1994 and the Chairperson of the Bylaws Committee was always a board member.  During the biennial conferences business meeting, the board does not vote, only the delegates and the Chairperson of the Bylaws Committee would present each amendment and the President would preside when it comes to making further amendments, referring, or putting it to vote.  This is the first time I have been a non-member of the board chairing a committee and is a delegate.  

The delegates are made up of representatives of state associations and membership based nonprofit organizations.  Depending on the number of members of state associations, there can be up to six delegates if state membership is more than 800 members.  Board members of NAD are required to be a member of their respective state association.  What crossed my mind is can a board member of NAD also be a delegate?  It has not happened and it is a custom of not allowing it to happen.  But since there is nothing in the bylaws to prevent this from happening, it could happen.  

National Association of Parliamentarians officers and board members are members of their state associations.  I attended my first NAP conference last year and I don't recall the officers and board members voting on motions and bylaw amendments.  

Mark

[Atul Kapur]

20 minutes ago, Mark Apodaca said:

National Association of Parliamentarians officers and board members are members of their state associations.  I attended my first NAP conference last year and I don't recall the officers and board members voting on motions and bylaw amendments. 

NAP's bylaws explicitly say that members of the Board of Directors are voting delegates to their convention. So they had every right to and likely did vote (with keypads, it's harder to note who did and who did note vote)

You note that it is NAD's custom that board members are not delegates and therefore do not vote at convention. That's all it is, a custom.

My experience, in contrast to yours, is that most organizations include the board as voting members of the convention ex officio, as NAP does. There may be a trend moving against this (I've seen some governance consultants advise to make such a change) but it is still very common.

If NAD wants to make this a formal rule, they would need to change the bylaws.

Edited September 20, 2020 at 05:57 PM by Atul Kapur

[Mark Apodaca, PRP]

Thank you Atul.  The President of NAD told me that after the convention, she would like new revised bylaws developed and presented to the delegates at the 2022 convention.  Personally, I seeing many changes needed as well as policies and procedures being developed.  

Edited September 20, 2020 at 06:15 PM by Mark Apodaca