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Clarification on 46:5 - Nominations by the Chair


Guest gam

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Can you please clarify section 46:5, in parenthesis "an exception being made in the case of the nominating committee."

We are trying to find out if a chair can make a nomination for someone to serve on the nominating committee. We gather from section 46:10 that the president should not appoint a nominating committee or be a member of it; however, does she not have the same rights as a member, regardless of title, to make a nominating for such committee? 

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7 minutes ago, Guest gam said:

Can you please clarify section 46:5, in parenthesis "an exception being made in the case of the nominating committee."

We are trying to find out if a chair can make a nomination for someone to serve on the nominating committee. We gather from section 46:10 that the president should not appoint a nominating committee or be a member of it; however, does she not have the same rights as a member, regardless of title, to make a nominating for such committee? 

What is said on 46:5 is referring to a procedure known as "nominations by the chair" in which the chair (and no one else) may make nominations for certain positions, and these nominees are then confirmed (or not) by the assembly. RONR advises that this procedure should not be used to appoint the nominating committee.

It is correct that the President (if a member) has "the same rights as a member, regardless of title, to make a nominating for such committee," however, there is also the fact that the presiding officer of an assembly (except in a small board or committee) should generally refrain from exercising the rights of membership in order to maintain the appearance of impartiality. The presiding officer, for instance, does not speak in debate or make motions, and does not vote except when their vote would affect the result. In order to speak in debate or make motions, the presiding officer should first relinquish the chair. It seems to me the same principle applies to making nominations, since the presiding officer, by nominating a person, has suggested that the presiding officer supports that person and therefore undermines the appearance of impartiality in regard to the election.

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If the president is a member of the organization he has all the rights of a member.  

The president also has to be seen as impartial, so I guess he may make nominations but has to do this in a low key, preferring others to nominate this person. 

maybe also indicating that people may nominate themselves.

The president should not give reasons why to vote for this or that person.

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