Legislator has resigned

[CornelR]

A state legislator has resigned. The Legislative District Committee tasked with providing 3 names to the Governor for appointment to the vacant seat is meeting tonight to vet and create the list of three candidates. The Legislative District Chair intends to run for the vacant legislative office. I believe she should step down from the chair and have the Vice-chair run the meeting. Would that be the correct procedure and where can I find it in Robert's Rules?

[Rob Elsman]

If the committee has less than about a dozen members, it is proper that the regular chairman should preside.  He may speak and vote, just like other members of the committee.  RONR (12th ed.) 49:21; 50:25.

[Guest Puzzling]

1 hour ago, CornelR said:

A state legislator has resigned. The Legislative District Committee tasked with providing 3 names to the Governor for appointment to the vacant seat is meeting tonight to vet and create the list of three candidates. The Legislative District Chair intends to run for the vacant legislative office. I believe she should step down from the chair and have the Vice-chair run the meeting. Would that be the correct procedure and where can I find it in Robert's Rules?

I think the procedure is much more regulated by state procedures and regulations than by RONR. 

And those regulations all have precedence over RONR. Consult your legal advisor.

[CornelR]

The state statutes do not address procedure in the meeting. I am aware the chair of a small committee can participate. This is a bit different as the chair of the committee which is tasked with vetting and choosing a list of three candidates to forward to the governor is also running for the office. She will likely be one of the three on the list to send to the governor. I thought it appropriate for her to turn the meeting over to the vice-chair in this case.

[Josh Martin]

2 hours ago, CornelR said:

A state legislator has resigned. The Legislative District Committee tasked with providing 3 names to the Governor for appointment to the vacant seat is meeting tonight to vet and create the list of three candidates. The Legislative District Chair intends to run for the vacant legislative office. I believe she should step down from the chair and have the Vice-chair run the meeting. Would that be the correct procedure and where can I find it in Robert's Rules?

 

36 minutes ago, CornelR said:

The state statutes do not address procedure in the meeting. I am aware the chair of a small committee can participate. This is a bit different as the chair of the committee which is tasked with vetting and choosing a list of three candidates to forward to the governor is also running for the office. She will likely be one of the three on the list to send to the governor. I thought it appropriate for her to turn the meeting over to the vice-chair in this case.

In my view, nothing in RONR would suggest that the individual in question should relinquish the chair in the situation described. The chair certainly may relinquish the chair if so desired, but nothing in RONR suggests this should (let alone must) occur. If the chair is unwilling to step aside and the remainder of the committee believes it would be appropriate for her to do so, the rules may be suspended to remove her from the chair.

"Whenever a motion is made that refers only to the presiding officer in a capacity not shared in common with other members, or that commends or censures him with others, he should turn the chair over to the vice-president or appropriate temporary occupant (see below) during the assembly's consideration of that motion, just has he would in a case where he wishes to take part in debate (see also 43:29-30). The chair, however, should not hesitate to put the question on a motion to elect officers or appoint delegates or a committee even if he is included." RONR (12th ed.) 47:10, emphasis added

In the event that the chair nonetheless wishes to relinquish the chair, those rules are found in RONR (12th ed.) 47:11. If the committee wishes to suspend the rules to remove the chair, those rules are found in RONR (12th ed.) 62:12-14.

If the organization wishes, it may also adopt its own rules on this matter.

EDIT: I originally had a bit in here about Mason's Manual before I realized the question was likely about a political party, not a state legislature.

Edited May 3, 2021 at 08:59 PM by Josh Martin

[CornelR]

Thanks. Our state legislature does indeed use Mason's but the GOP Legislative Districts are bound by State GOP rules to use Robert's. thus the dichotomy.

[J. J.]

I agree with Mr. Martin.  No rule in RONR would prohibit it. 

[Richard Brown]

Knowing now that this involves a political party and not the legislature itself or some “arm“ of it, I also agree with Mr. Martin. No rule in RONR requires the chair of the committee to relinquish the chair and I think it is unlikely that any state open meetings or ethics laws would require her to step down or to  recuse herself. 

Further, since this committee appears to be serving essentially as a nominating committee, RONR is clear that members of a nominating committee are not precluded from being nominated by the committee or from being ultimately selected for the position for which nominations are being made.

I can understand that it might appear a bit “unseemly“ to some for the chair of what is essentially a nominating committee from being the committee’s  nominee or from chairing the selection process. However, no rule in RONR prohibits it and the provisions on nominating committees make it plain that it is perfectly permissible.