How to handle scenarios of a referral report

[laser158689]

Situation... Our municipal assembly committed a proposed ordinance change to an ad hoc (special) committee with the following clause "...and that the item be brought back to the December 2020 Meeting."

The ad hoc committee issued a memo stating their work will not be completed by the December 2020 meeting.

Our Call for our December 2020 meeting does not include this item.  Our Calls often do not include committee reports explicitly, and we do not traditionally make motions during committee reports.  Whether there will be a report is an open question.

How would this situation look in another organization, ie what is best/common practice for this scenario?

Given the actual situation, what is the appropriate way to allow the ad hoc committee to continue their work with another due date?

 

Thanks!

[Josh Martin]

7 minutes ago, laser158689 said:

How would this situation look in another organization, ie what is best/common practice for this scenario?

Generally, I would think that in such circumstances the committee chair would report that the committee needs additional time to complete its review, stating the reasons why, and likely apologizing profusely for being unable to meet the deadline imposed by the assembly. What would happen next would depend on what the assembly wishes to do regarding this.

9 minutes ago, laser158689 said:

Given the actual situation, what is the appropriate way to allow the ad hoc committee to continue their work with another due date?

I suppose a member would move something to the effect of "That the special committee appointed to review the (description of item) be instructed to report on (new due date)."

[laser158689]

Update:  The ad hoc committee Chair distributed a "memorandum" with a status update, indicating that they were still working.

Our Moderator (assembly chair) does not have this on the Call, and when asked if we would have a report from the ad hoc committee at the meeting or an opportunity to vote on allowing the ad hoc committee to continue its work, said "no".

How does one handle the lack of an item on the Call/Agenda?  Especially given a FOIA requirements that the agenda be published at least 24 hours in advance?

[Josh Martin]

1 hour ago, laser158689 said:

Update:  The ad hoc committee Chair distributed a "memorandum" with a status update, indicating that they were still working.

Our Moderator (assembly chair) does not have this on the Call, and when asked if we would have a report from the ad hoc committee at the meeting or an opportunity to vote on allowing the ad hoc committee to continue its work, said "no".

How does one handle the lack of an item on the Call/Agenda?  Especially given a FOIA requirements that the agenda be published at least 24 hours in advance?

If the rules of RONR were all that was controlling on this matter, the fact that an item is not listed on the call or agenda for a regular meeting, or the fact that the committee is not presenting a report, is not a particular barrier. The matter could still be addressed by the assembly by amending the agenda to add it or by raising the matter during New Business. If the desire is to grant the committee additional time to complete its work but to set a new deadline, then a motion to do so (as noted previously) would be appropriate.

It appears, however, that the assembly is subject to applicable law which requires "that the agenda be published at least 24 hours in advance," and (presumably) requires that the assembly only act upon items included on such an agenda. RONR has nothing in particular to say on this matter, except that such rules take precedence over RONR. Questions about applicable law are beyond the scope of RONR and this forum and should be directed to an attorney.

[laser158689]

Thanks so much!

 

[Liberty]

We held a meeting in 8/20.  The Minutes was adopted but the agenda was not although it was finalized.  We are a small 8-unit association.  Is it too late to adopt the Agena and file it with the related Minutes?

[Atul Kapur]

As far as RONR is concerned, it doesn't matter at all whether the agenda was adopted. So there is no need to adopt the agenda now.

Thinking about it another way: what if the motion, now, to adopt the agenda of the August 2020 meeting is defeated? That doesn't mean that the meeting becomes invalid. So the motion would be useless.

[Liberty]

So per RONR, are you saying the Agena does not need to be adopted at the Meeting.  We just file it with the adopted Minutes, right?

 

[Liberty]

Thank you for your guidance.

 

[Atul Kapur]

2 hours ago, Liberty said:

So per RONR, are you saying the Agena does not need to be adopted at the Meeting. 

 

Correct

2 hours ago, Liberty said:

We just file it with the adopted Minutes, right?

You don't even need to do that.

[Liberty]

Thank you.

From RONR perspective, should be Minutes signed if the bylaws does not specify the requirement?  

[Josh Martin]

14 hours ago, Liberty said:

So per RONR, are you saying the Agena does not need to be adopted at the Meeting.  We just file it with the adopted Minutes, right?

If an agenda is to be used, and that agenda is not simply a list of the assembly's order of business with preexisting orders of the day, the agenda must be adopted in order to be binding. Such an agenda does not, however, need to be filed with the minutes.

"In some organizations, it is customary to send each member, in advance of a meeting, an order of business or agenda, with some indication of the matters to be considered under each heading. Such an agenda is often provided for information only, with no intention or practice of submitting it for adoption. Unless a precirculated agenda is formally adopted at the session to which it applies, it is not binding as to detail or order of consideration, other than as it lists preexisting orders of the day (41:40ff.) or conforms to the standard order of business (3:16, 41:5ff.) or an order of business prescribed by the rules of the organization (2:16, 3:16)." RONR (12th ed.) 41:62

41 minutes ago, Liberty said:

From RONR perspective, should be Minutes signed if the bylaws does not specify the requirement?  

Yes, although the absence of such a signature does not undermine the validity of the minutes.

"Minutes should be signed by the secretary and can also be signed, if the assembly wishes, by the president." RONR (12th ed.) 48:7

[Liberty]

Thank you

 

 

[Dan Honemann]

22 hours ago, Josh Martin said:

If an agenda is to be used, and that agenda is not simply a list of the assembly's order of business with preexisting orders of the day, the agenda must be adopted in order to be binding. Such an agenda does not, however, need to be filed with the minutes.

But if an agenda is adopted at a meeting, the minutes of that meeting will have to clearly reflect what it was that was adopted.