Authority of a pro-tem chair

[Tomm]

If a temporary presiding officer can only preside over the meeting because he has no additional authorities, and does not assume any additional authority granted to that office in the bylaws, then can any other member of the assembly make a motion to go forward with other items? The temporary chair would then only be presiding over those procedures and not initiating them?   

At some point in the future I would like to make a motion to suspend the rules at our annual general membership meeting and replace the chair, which is typically the president of the board, with a Member of the general membership.

How much authority would that temporary chairperson have?  

 

[Weldon Merritt]

On 3/31/2022 at 8:46 AM, Tomm said:

How much authority would that temporary chairperson have?  

He or she would have the authority to preside over the AGM, including ruling on Points of Order, voting (if  he or she is a member) when his or her vote would affect the result, and appointing any positions that may be appointed by the chair incident to the meeting (such as tellers if not already appointed). He or she would have none of the authority that the bylaws grant to the president.

[Dan Honemann]

On 3/31/2022 at 10:46 AM, Tomm said:

f a temporary presiding officer can only preside over the meeting because he has no additional authorities, and does not assume any additional authority granted to that office in the bylaws, then can any other member of the assembly make a motion to go forward with other items? The temporary chair would then only be presiding over those procedures and not initiating them?   

What are you referring to when you refer to "other items?"

[Tomm]

It was stated in another text that a pro-tem chair could not motion to establish a committee as a whole and proceed with possible disciplinary actions. 

Could a member of the assembly make that motion and proceed with the action?

[Atul Kapur]

I don't recall seeing anything that would support that in Chapter XX.

[Gary Novosielski]

On 3/31/2022 at 12:12 PM, Tomm said:

It was stated in another text that a pro-tem chair could not motion to establish a committee as a whole and proceed with possible disciplinary actions. 

Could a member of the assembly make that motion and proceed with the action?

A member could make a motion that the assembly resolve itself into Committee of the Whole, but I don't see how that would further your goals in any way.

And unless your bylaws have some other provisions, proceeding with disciplinary action is not as simple as making a motion.  You should carefully read §§61-63 for how discipline is to be handled.

[Tomm]

I used disciplinary action only as an example. I guess what I'm really asking is if a pro-tem chair can preside and proceed with most any motion that was offered by a member of the assembly?

[Dan Honemann]

On 3/31/2022 at 1:55 PM, Tomm said:

I used disciplinary action only as an example. I guess what I'm really asking is if a pro-tem chair can preside and proceed with most any motion that was offered by a member of the assembly?

What do you mean by "proceed with most any motion that was offered by a member of the assembly?"

[Tomm]

On 3/31/2022 at 11:38 AM, Dan Honemann said:

What do you mean by "proceed with most any motion that was offered by a member of the assembly?"

To pretty much conduct the meeting in every other way!

[Dan Honemann]

On 3/31/2022 at 2:41 PM, Tomm said:

To pretty much conduct the meeting in every other way!

If by "every other way" you mean every proper way, the answer is yes.

[Josh Martin]

On 3/31/2022 at 9:46 AM, Tomm said:

If a temporary presiding officer can only preside over the meeting because he has no additional authorities, and does not assume any additional authority granted to that office in the bylaws, then can any other member of the assembly make a motion to go forward with other items? The temporary chair would then only be presiding over those procedures and not initiating them?   

No, for multiple reasons, but the reasons why have nothing to do with the fact that the presiding officer is temporary.

• The chair (whether permanent or temporary) lacks the authority to unilaterally order the assembly to enter Committee of the Whole. A motion to enter Committee of the Whole requires a majority vote or unanimous consent for adoption.
• The presiding officer (whether permanent or temporary) also shouldn't be making motions, unless the assembly is using the small board rules.
• Committee of the Whole can't take disciplinary action (or any action, for that matter). All a Committee of the Whole can do is adopt a report with recommendations, which the full assembly can act upon.
   

On 3/31/2022 at 9:46 AM, Tomm said:

At some point in the future I would like to make a motion to suspend the rules at our annual general membership meeting and replace the chair, which is typically the president of the board, with a Member of the general membership.

How much authority would that temporary chairperson have?

The chairperson would have the authority in connection with presiding over meetings, but would not have any additional authority your bylaws grant to the President.

The duties and authority of the presiding officer are discussed in RONR (12th ed.) 47:7.

On 3/31/2022 at 12:55 PM, Tomm said:

I used disciplinary action only as an example. I guess what I'm really asking is if a pro-tem chair can preside and proceed with most any motion that was offered by a member of the assembly?

Well, you picked two very odd examples, as Committee of the Whole and disciplinary proceedings are highly complex, customized procedures.

In any event, the assembly has the same authority it has normally. Whether a motion is in order has nothing to do with whether the presiding officer is permanent or temporary.

Edited March 31, 2022 at 11:14 PM by Josh Martin