How to handle the improper formation of a committee

[Guest C J Smith]

In a quarterly business session Chairperson 1 allowed the formation of a special committee to review our constitution. Since that business session Chairperson 1 retired and Chairperson 2 was nominated and elected. Chairperson 2 discovered the error - the constitution states that all committees are to be formed and seated with members as nominated by the Committee on Committees. Can/should Chairperson 2 call Point of Order at the next business session, or is it too late since the vote has been taken and the previous business session closed? What other remedies are available to correct this mistake (other than having someone make a motion to abolish/disband the special committee)?

[Josh Martin]

3 hours ago, Guest C J Smith said:

In a quarterly business session Chairperson 1 allowed the formation of a special committee to review our constitution. Since that business session Chairperson 1 retired and Chairperson 2 was nominated and elected. Chairperson 2 discovered the error - the constitution states that all committees are to be formed and seated with members as nominated by the Committee on Committees.

Some additional facts may be necessary on the rule which provides that "all committees are to be formed and seated with members as nominated by the Committee on Committees." In the ordinary case, a "nomination" is simply a suggestion, and the assembly is free to accept that suggestion or to instead elect other persons. If the particular rule on this matter is different, however, then that may change things.

3 hours ago, Guest C J Smith said:

Can/should Chairperson 2 call Point of Order at the next business session, or is it too late since the vote has been taken and the previous business session closed?

Generally, it would be far too late to raise a Point of Order regarding this matter. It is possible that more facts regarding the constitution's rules on the appointment of committees may change things.

3 hours ago, Guest C J Smith said:

What other remedies are available to correct this mistake (other than having someone make a motion to abolish/disband the special committee)?

The Committee on Committees could recommend the people it wishes to serve on the committee, and to the extent that those people do not match the people currently serving on the committee, a motion could be made to remove some members and replace them with the suggested persons.