commit POSTPONE VS REFER TO COMMITTEE

[ptc122]

HOW LONG CAN A MOTION BE HELD IN COMMITTEE IN VIEW OF RULES AGAINST POSTPONING ACTIONS BEYOND THE NEXT MEETING? WHAT PAGES TO STUDY TO DETERMINE WHAT HAPPENS TO A MOTION WHEN REFERRED TO A COMMITTEE? RATHER THAN POSTPONED TO THE NEXT REGULAR MEETING. HOW LONG, ACCORDING TO ROBERTS, CAN A MOTION BE HELD BY A COMMITTEE WITHOUT REPORTING BACK TO THE BOARD WHO REFERRED IT. PAUL

 

[Rob Elsman]

A subsidiary motion to Commit a main motion (and whatever goes with it) is not in order if the purpose of the subsidiary motion is merely to postpone the main motion to a later session. 

[Gary Novosielski]

No need to shout.

Matters referred to a committee are not bound by the rules of postponement. Unless instructed by the original motion, or a motion to further instruct the committee to report by a certain date, the committee can take as long as it takes to complete its task and report.

If the parent body wishes to reclaim the referred matter to its own control, it can move to Discharge the committee from further consideration of the matter.  This would normally require a 2/3 vote, but if the committee had missed a due date as mentioned above, it would take only a majority vote.

[Josh Martin]

I first agree with Mr. Elsman that it is not appropriate to refer a motion to committee for the sole purpose of serving as an end-run around the rules of postponement. A motion would be referred to committee if the assembly, in fact, actually wants a committee to review the motion.

42 minutes ago, ptc122 said:

HOW LONG CAN A MOTION BE HELD IN COMMITTEE IN VIEW OF RULES AGAINST POSTPONING ACTIONS BEYOND THE NEXT MEETING?

The rules pertaining to the time limits on postponement have no application to the motion to Refer. The assembly may instruct the committee on a time to report back, either at the time of referral or at a later time. The assembly is also free to discharge the committee of further consideration of the motion. In the absence of such instructions, the committee is generally free to take as much as time as it needs to complete its task, although in the case of a special committee the committee would need specific authorization to continue considering the motion beyond the terms of the current board members. This will ultimately depend on the complexity and urgency of the issue as well as the patience of the parent assembly.

"Since members of standing committees in ordinary societies are appointed for a term corresponding to that of the officers, such a committee is generally required to report at least once a year, usually at the annual meeting, on its activities and everything referred to it during the year. When a standing committee submits such a report at the conclusion of its members’ term, the committee is not discharged from further consideration of referred matters on which it reports partially at that time, unless the assembly so votes (36); thus such matters normally go over to the new committee. The members of the old committee continue their duties until their successors are chosen.

A special committee—since it is appointed for a specific purpose—continues to exist until the duty assigned to it is accomplished, unless discharged sooner (see 36); and it ceases to exist as soon as the assembly receives its final report. The fact that an annual meeting intervenes does not discharge a special committee. But in a body which ceases to exist or in which the terms of some or all of its members expire at a definite time, like a convention of delegates, a city council, or a board of directors, a special committee expires with the body that appointed it, unless it is appointed expressly to report at a later time. If it does not report, its life expires with that of the body to which it was to report." RONR (12th ed.) 50:29-30

42 minutes ago, ptc122 said:

WHAT PAGES TO STUDY TO DETERMINE WHAT HAPPENS TO A MOTION WHEN REFERRED TO A COMMITTEE?

I would review Sections 13, 50, and 51 of RONR (12th ed.) which are found on pages 157-169, 466-503.

42 minutes ago, ptc122 said:

HOW LONG, ACCORDING TO ROBERTS, CAN A MOTION BE HELD BY A COMMITTEE WITHOUT REPORTING BACK TO THE BOARD WHO REFERRED IT.

Ultimately, for as long as the board permits the committee to continue to review the issue.

Edited October 13, 2020 at 06:46 PM by Josh Martin

[Rob Elsman]

Is not the committee honor-bound to report before the referral becomes equivalent to an indefinite postponement?

[Josh Martin]

42 minutes ago, Rob Elsman said:

Is not the committee honor-bound to report before the referral becomes equivalent to an indefinite postponement?

Yes, I think so.

"The chair has a duty to rule out of order, as dilatory, any motion to Commit that is obviously absurd or unreasonable—such as one that (because of the time involved or any other reason) would have the effect of defeating the purpose of the main question." RONR (12th ed.) 13:9

I think it is perfectly reasonable to suggest as an extension of this principle that a committee should not delay its report in a manner which "would have the effect of defeating the purpose of the main question." Presumably, the assembly will discharge the committee of its consideration if it fails to report in a timely manner.

[Rob Elsman]

I agree with you, Mr. Martin, for exactly the reason you have given.

[Rob Elsman]

I might say, some conventions do confer the power "not to report" on the Resolutions Committee. Mr. Martin and I are not addressing this kind of situation. We are talking about the more ordinary situation in local units and the like.

[ptc122]

Thank you for the responses and the page references. Paul