Proper procedure for making appointments

[Stacey Utt]

I am a new president of a local professional organization.  The bylaws state "the president shall appoint the chairperson of the standing committees".  During our first meeting, it was brought to my attention that several offices are up for election this year, which means we need a nominations committee.  As president, I need to appoint a chairperson of the nominating committee.  What is the proper procedure for making such an appointment?  I sent an email asking for volunteers and received no response, which didn't surprise me because participation has been lacking since going virtual.  Am I supposed to select a member randomly?  I am brand new to Robert's Rules and parliamentary procedure, but since I took on this role I am determined to do it right, which means doing it properly.  When I select someone, should I discuss it with the individual prior to the meeting, or do I state something during the meeting?  What would be a possible sample script for making the appointment during the meeting?  

Thank you all for your guidance.  I have a lot to learn. 

[Atul Kapur]

Bylaws often exclude the nominating committee as one that the president appoints or sits on. Check your bylaws to see if this is the case.

"Designation of the nominating committee. The nominating committee should be elected by the organization wherever possible, or else by its executive board. Although in organizing a new society it may be feasible for the chair to appoint the nominating committee, in an organized society the president should not appoint this committee or be a member of it—ex officio or otherwise." RONR (12th ed.) 46:10

48 minutes ago, Stacey Utt said:

When I select someone, should I discuss it with the individual prior to the meeting, or do I state something during the meeting?

Paragraph 46:13 says that it's a good idea for the nominating committee to confirm that their intended nominees agree to be nominated. I think the same principle applies to your appointment of the chair.

[The rest is personal opinion]
You may want to consider talking to a member who understands the organization and the skills required for the various positions and who can also convince people to agree to take on the role. Perhaps the person who convinced you to be president? 
In Canada, at least, this is often a role taken by the immediate past-president.

 

[Richard Brown]

5 hours ago, Stacey Utt said:

I am a new president of a local professional organization.  The bylaws state "the president shall appoint the chairperson of the standing committees".  During our first meeting, it was brought to my attention that several offices are up for election this year, which means we need a nominations committee.  As president, I need to appoint a chairperson of the nominating committee.

Do the bylaws SPECIFICALLY list the nominating committee as a "standing committee"?  If not, even if it is listed in the bylaws as a committee, it is my opinion that a nominating committee is a special committee, not a standing committee.  As such, if the bylaws only require you to appoint the chairs of standing committees, you would not (and per RONR should not) appoint the chair or any of the members of this committee.  Unless the bylaws specifically make it a standing committee, I would take the position that it is not a standing committee and therefore will not be appointing the chair or any of its members.  All of its members should be elected by your membership unless your bylaws specifically direct otherwise.

Can you quote the exact language, if any, from your bylaws regarding the nominating committee and the appointment of its members and/or chair?    What about the provision about the president appointing the chairs of all standing committees?  Please quote those provisions exactly, don't paraphrase (although you may disguise the name of the organization).

[Stacey Utt]

Yes, the bylaws specifically lists the nominating committee as a "standing committee".  Here is the exact language from the bylaws:  Under the duties of President, it states:  "The President will appoint the Chairperson for the Standing Committees."  Under Committees it states:  "Standing Committees shall consist of Program Committee, Membership Committee, Publicity Committee, Nominating Committee and Executive Committee.  Other committees can be formed as needed to carry out the objectives determined by officers and/or Executive Committee."  Under Standing Committee Duties, it states:  "The Nominating Committee Chairperson shall be appointed by the President and shall consist of up to three members.  A slate of officers shall be prepared and mailed to the membership 30 days prior to the fall meeting."

[Dan Honemann]

3 hours ago, Stacey Utt said:

Yes, the bylaws specifically lists the nominating committee as a "standing committee".  Here is the exact language from the bylaws:  Under the duties of President, it states:  "The President will appoint the Chairperson for the Standing Committees."  Under Committees it states:  "Standing Committees shall consist of Program Committee, Membership Committee, Publicity Committee, Nominating Committee and Executive Committee.  Other committees can be formed as needed to carry out the objectives determined by officers and/or Executive Committee."  Under Standing Committee Duties, it states:  "The Nominating Committee Chairperson shall be appointed by the President and shall consist of up to three members.  A slate of officers shall be prepared and mailed to the membership 30 days prior to the fall meeting."

Well, your bylaws do not specifically list the Nominating Committee as a standing committee. However,  "The Nominating Committee Chairperson shall be appointed by the President" is quite clear.

[Guest Puzzling]

18 minutes ago, Daniel H. Honemann said:

Well, your bylaws do not specifically list the Nominating Committee as a standing committee. However,  "The Nominating Committee Chairperson shall be appointed by the President" is quite clear.

From the bylaws: 

 

3 hours ago, Stacey Utt said:

"Standing Committees shall consist of Program Committee, Membership Committee, Publicity Committee, Nominating Committee and Executive Committee.  Other committees can be formed as needed to carry out the objectives determined by officers and/or Executive Committee." 

Not sure how it is not specifically listed.

Also was puzzling,  can the president not ask the members to vote for a candidate and that he then appoints that member or does this fall under the "no straw-poll rule" ? (And if it does not, does it need previous notice?) 

[Dan Honemann]

3 minutes ago, Guest Puzzling said:

Not sure how it is not specifically listed.

Neither am I, now that you point out what I had obviously overlooked.

[Dan Honemann]

11 minutes ago, Guest Puzzling said:

Also was puzzling,  can the president not ask the members to vote for a candidate and that he then appoints that member or does this fall under the "no straw-poll rule" ?

Yes, I think that taking up the assembly's time to do this would not be proper. Ordinarily, this sort of advice can easily be obtained in some other way.

[Richard Brown]

Well, I'm glad we all seem to agree that regardless of whether it is a good idea, Stacey Utt's bylaws do specify that the nominating committee is indeed a standing committee. That's the way I read the quoted provision.

If the bylaws don't specify who appoints the other members of the standing committees, it seems to me the membership can elect the  members of that committee and the president can then name one of them as chairman, thus complying with the bylaws and with RONR as much as possible under the circumstances. The president will not be appointing any of the members of the committee, but only selecting one of the elected committee members to serve as chair. She can even consult with the committee members first to ascertain if they have a preference for who their chair will be.  That would not be the same thing as a straw poll.

[Stacey Utt]

I understand now that I am responsible for appointing a chairman of the nominations committee.  What is the proper way to appoint someone to this role?  It was suggested at our last meeting that I send an email asking for a volunteer.  I did send an email, but unfortunately, no one stepped forward.  Then I reached out via email to the previous President requesting they accept the appointment, but I have not received an answer.  I have a couple other people in mind that I think would be a good fit, but my fear is that no one will accept the appointment.  If I cannot find anyone to agree to serve as chairman of the committee, what would be the best way to handle the situation?  Would it be acceptable to draw a name at random during our next meeting, then that's the person appointed?  I am struggling with how to handle the lack of participation.  Any thoughts?

[Josh Martin]

49 minutes ago, Stacey Utt said:

I understand now that I am responsible for appointing a chairman of the nominations committee.  What is the proper way to appoint someone to this role?  It was suggested at our last meeting that I send an email asking for a volunteer.  I did send an email, but unfortunately, no one stepped forward.  Then I reached out via email to the previous President requesting they accept the appointment, but I have not received an answer.  I have a couple other people in mind that I think would be a good fit, but my fear is that no one will accept the appointment.  If I cannot find anyone to agree to serve as chairman of the committee, what would be the best way to handle the situation?  Would it be acceptable to draw a name at random during our next meeting, then that's the person appointed?  I am struggling with how to handle the lack of participation.  Any thoughts?

You can appoint a person in whatever manner you see fit. This could include, as you suggest, appointing one of the other people you have in mind, or asking for volunteers at the meeting itself, or even drawing a name at random. In any event, you can't force someone to serve in the position, so you'll need to find someone who is willing to serve.

I would note that no rule in RONR would prevent you from appointing yourself. While RONR notes that the President should not serve on the nominating committee, I don't know that there's much choice if no one else will take the job.

Edited April 2, 2021 at 10:29 PM by Josh Martin

[Richard Brown]

51 minutes ago, Stacey Utt said:

I understand now that I am responsible for appointing a chairman of the nominations committee.  What is the proper way to appoint someone to this role?

How are the other member of the committee being selected?  If your rules don't specify a method, RONR says the nominating committee members should normally be chosen (elected) by the membership.  RONR (12th ed.) 46:9 and 46:10.   I would have the membership select maybe three or so members to serve on the committee then you appoint one of those to serve as chair once they are selected by the membership (or by the board if the board is going to make the appointments).

[Josh Martin]

2 minutes ago, Richard Brown said:

How are the other member of the committee being selected?  If your rules don't specify a method, RONR says the nominating committee members should normally be chosen (elected) by the membership.  RONR (12th ed.) 46:9 and 46:10.   I would have the membership select maybe three or so members to serve on the committee then you appoint one of those to serve as chair once they are selected by the membership (or by the board if the board is going to make the appointments).

We are told that "The Nominating Committee Chairperson shall be appointed by the President and shall consist of up to three members."

I understand this rule to mean that the entire committee, not just the chairperson, is appointed by the President. Taken literally, it seems to say the Chairperson shall consist of up to three members, but I doubt was the intent.

[Richard Brown]

2 hours ago, Josh Martin said:

I understand this rule to mean that the entire committee, not just the chairperson, is appointed by the President

I do not interpret the rule as requiring the president to appoint all of the members of the nominating committee. The provision that has been quoted certainly does not say so explicitly.

I would say that since the bylaws do not specify how the committee members are selected that the interpretation of that by law provision is up to the members of the organization to make. It can be interpreted to mean that the president can appoint the chair from among the members of the committee selected by the assembly. The provision in RONR which says that the members of the nominating committee shall be elected by the membership is a strong argument in favor of permitting the committee members to be selected by the membership with the president naming the chairman.

That interpretation permits the organization to comply with both its bylaws and with RONR regarding the selection of the nominating committee and its Chairman.

Edited to add: if the intent of the bylaws was that the president appoint all committee members, there would be no need to say that the president shall appoint the chairman because section 13:17 of RONR provides that where the chair is to name the members of a committee, unless the rules provide otherwise, he also names the chairman and that the first person he names is to be the chairman. 

Edited April 3, 2021 at 12:54 AM by Richard Brown
Added last paragraph

[Stacey Utt]

Thank you all for your insight into this topic!  Thankfully, I found someone to chair the nominations committee. 

Reading the discussion, I realize my organization's bylaws are not clearly written.  That is something I'm going to have to work on.  For the time being, I do not believe the president is required to appoint the members of the nominating committee.  I think the members of the nominating committee are elected by the membership, which brings me to another issue.  How are the nominating committee members elected, especially if no one comes forward to volunteer to be on the committee?  

[Josh Martin]

1 hour ago, Stacey Utt said:

Thank you all for your insight into this topic!  Thankfully, I found someone to chair the nominations committee. 

Reading the discussion, I realize my organization's bylaws are not clearly written.  That is something I'm going to have to work on.  For the time being, I do not believe the president is required to appoint the members of the nominating committee.  I think the members of the nominating committee are elected by the membership, which brings me to another issue.  How are the nominating committee members elected, especially if no one comes forward to volunteer to be on the committee?  

If no one wants to serve on the committee, then the procedure for election is irrelevant. People can't be forced to serve on the committee against their will. At least you already found the chairman, so you might just have a very small committee.

Setting that issue aside, generally people are nominated by taking nominations from the floor. It appears the committee consists of up to three members and you have already found one (the chairman). If two or fewer people are nominated, then you can simply declare those persons elected by acclamation. If more than two people are nominated, the assembly could conduct an election by voice vote, in which members vote "yes" or "no" on each candidate in the order they were nominated, and the first two who receive a majority vote are elected. Alternately, a ballot vote could be taken. In that event, members would vote for up to two candidates of their choice. Candidates who are marked on a majority of non-blank ballots are elected.

Edited April 10, 2021 at 05:50 PM by Josh Martin

[Stacey Utt]

Thank you.  I will take nominations from the floor.  What usually happens if there are no nominations?  

[RSW]

31 minutes ago, Stacey Utt said:

Thank you.  I will take nominations from the floor.  What usually happens if there are no nominations?  

In my experience, the chair stares at everybody with a disappointed expression and says "really? C'mon people....nobody?"

You can't force somebody to serve in a role they don't want, so the issue is moot at that point, unless your bylaws absolutely require the positions to be filled - in which case you have a Very Large Problem.

I saw a group completely fold once because their parent organization's requirements (incorporated by reference into the bylaws, and immutable) were that they have three officer seats filled, and they couldn't get anybody to fill them. They closed the doors rather than somebody stepping up to serve.

[Richard Brown]

1 hour ago, Stacey Utt said:

Thank you.  I will take nominations from the floor.  What usually happens if there are no nominations?  

In addition to the suggestion above by RSW, you can proceed to a ballot vote with blank spaces for write-ins and explain clearly to the membership that they may write in the names of one or more people who they would like to have serve on the committee.... even themselves.... anonymously, since it is a secret ballot.   Hopefully, at least one or two names will get written in.  One write-in vote may be enough to elect.

[RSW]

1 hour ago, Richard Brown said:

One write-in vote may be enough to elect.

With the caveat that the person must actually be willing to serve.

[Richard Brown]

35 minutes ago, RSW said:

With the caveat that the person must actually be willing to serve.

True, but experience shows that usually, once elected, members elected to a position agree to serve. 

[Stacey Utt]

Thanks everyone!  Those are great ideas. 😀

[Guest Puzzling]

I was puzzling maybe the office  of chairman of the nomination committee is a good position for the previous (or past) president. (But don't make that a rule, see other topics in this forum)