Appointments by the Chair with Advice and Consent by the Board

[Guest Buckey]

When appointments are required in the By Laws for the Chair to appoint positions with advice and consent, the question is what are the Chair's options and what are the Board's options if there is objection by the Board of the appointment.

[Josh Martin]

3 minutes ago, Guest Buckey said:

When appointments are required in the By Laws for the Chair to appoint positions with advice and consent, the question is what are the Chair's options and what are the Board's options if there is objection by the Board of the appointment.

I hesitate to answer this without knowing the exact wording of the bylaws on this matter, but generally I am inclined to think that (unless the rule provides otherwise), the appointment would need to be approved by the board by majority vote. If an appointment does not receive such approval, then presumably the next step is for the chair to submit a different appointment. It will ultimately, of course, be up to the organization to interpret its own bylaws.

Edited February 20, 2021 at 07:51 PM by Josh Martin

[Bruce Lages]

Note also that when the chair is empowered to make appointments subject to approval (or 'advise and consent') by another body, the approving body can decline to accept one or more of the chair's nominees, but it can not insert it own names. If the chair's selection is rejected, the chair then offers another name to the approving body. After all of the chair's selections have been deemed acceptable, the motion is then made to accept the nominee, or the list of nominees, for appointment.

See RONR, 50:13e.

[Atul Kapur]

2 hours ago, Bruce Lages said:

See RONR, 50:13e.

Do you mean 50:13(c) ?

The provision making the appointments subject to approval would seem to be equivalent to the chair nominating the members, which is item C in that paragraph and which matches your description of the process.

[Gary Novosielski]

1 hour ago, Atul Kapur said:

Do you mean 50:13(c) ?

Or maybe 501(c)3?

[Bruce Lages]

1 hour ago, Atul Kapur said:

Do you mean 50:13(c) ?

The provision making the appointments subject to approval would seem to be equivalent to the chair nominating the members, which is item C in that paragraph and which matches your description of the process.

Yes, it should be 50:13(c). Thanks.

(You mean your copy of RONR in paperback never turns the page by itself?)🙂