Restriction to serve on a committee

[Tomm]

I've been a member of the Standing Election Committee for several years.

This year when a new Chair and Co-Chair (both members of the board) took over the committee they packed the committee with current and former members of the board. Consequently, I am the only member of the committee that was not a former member of the board.

At a recent meeting of the committee, a motion was made that only former and current members of the board should be allowed to be on the committee. Thankfully the motion failed.

Question: Would I be correct that in accordance with 50:26 the committee cannot adopt such a rule? 

[Richard Brown]

On 8/24/2022 at 4:46 PM, Tomm said:

Question: Would I be correct that in accordance with 50:26 the committee cannot adopt such a rule? 

In all probability, yes, but not necessarily so. It depends on the rules of your organization and how the committee is supposed to be set up and populated. In all probability, either your organization’s  bylaws or the motion that created this committee specify the make up of the committee. There is a chance, however, that the committee has the authority to determine its own membership to one degree or another.

[Josh Martin]

On 8/24/2022 at 2:55 PM, Richard Brown said:

In all probability, yes, but not necessarily so. It depends on the rules of your organization and how the committee is supposed to be set up and populated. In all probability, either your organization’s  bylaws or the motion that created this committee specify the make up of the committee. There is a chance, however, that the committee has the authority to determine its own membership to one degree or another.

It seems to me that a committee could only adopt a rule regarding the composition of its membership if specifically authorized to do so. The organization's rules being silent on this subject, in my opinion, would not be sufficient. Indeed, a committee does not have the authority to adopt any rules, unless authorized to do so by the parent assembly or by the society's rules.

"Committees of organized societies operate under the bylaws, the parliamentary authority, and any special rules of order or standing rules of the society which may be applicable to them. A committee may not adopt its own rules except as authorized in the rules of the society or in instructions given to the committee by its parent assembly in a particular case." RONR (12th ed.) 50:26

With that said, if a committee (or subset thereof) is granted the authority to appoint members of the committee, then the committee could certainly, in practice, only appoint certain persons to the committee, even if this is not required by rule.

On 8/24/2022 at 2:46 PM, Tomm said:

This year when a new Chair and Co-Chair (both members of the board) took over the committee they packed the committee with current and former members of the board.

What do your rules say regarding how committees are appointed?

[Tomm]

On 8/25/2022 at 7:30 AM, Josh Martin said:

What do your rules say regarding how committees are appointed?

It just says there should be no less than 5 members selected from the membership and in good standing.

[Rob Elsman]

I agree with Mr. Martin that it is highly unlikely that the standing committee has the authority to make such a rule.  Ordinarily, the superior body that has rule-making authority would be the body to make such a rule.

I also have my doubts about this election committee.  The body holding an election and its officers do everything that pertains to the election.  There should be no need for an election committee.  I am worried that the committee usurps powers that rightfully belong to other bodies.

[Richard Brown]

On 8/25/2022 at 9:30 AM, Josh Martin said:

It seems to me that a committee could only adopt a rule regarding the composition of its membership if specifically authorized to do so. The organization's rules being silent on this subject, in my opinion, would not be sufficient. Indeed, a committee does not have the authority to adopt any rules, unless authorized to do so by the parent assembly or by the society's rules.

I agree and don’t think I said anything to the contrary. I think my post made it plain that the committee cannot choose it’s on members unless authorized to do so by the organization’s  rules or the motion which created the committee.

[Richard Brown]

On 8/25/2022 at 9:47 AM, Rob Elsman said:

I agree with Mr. Martin that it is highly unlikely that the standing committee has the authority to make such a rule. 

I agree and said so in my post. Perhaps you need to reread the actual question which I was answering. I was agreeing with the OP that the rules probably DO NOT permit the committee to select its own membership.

Edited to add:  I do share your concern, however, about this so-called “elections committee“.

Edited August 25, 2022 at 02:58 PM by Richard Brown
Added last paragraph

[Rob Elsman]

I apologize, Mr. Brown, if it seemed that I was replying to your response.  I intended only to agree with Mr. Martin.

[Josh Martin]

On 8/25/2022 at 9:46 AM, Tomm said:

It just says there should be no less than 5 members selected from the membership and in good standing.

But selected by who?

[Tomm]

This is all it says. The requirements are simply being Members in good standing etc.

 

 committees shall attempt to have no less than five (5) members. Members of committees shall be selected from the Membership at large who must meet the following requirements:

[Rob Elsman]

Just from what is given, I do not see where it says that members must be "in good standing".  Maybe that is said in what follows.  I don't know, and my opinion doesn't count, anyway.  The organization is the authentic interpreter of its own rules, not me.

[Tomm]

Didn't want to bore you with the details.

1. Must be a Member in good standing;
2. Must not reside with or be related to any other member of the committee by marriage or birth unless committee members are selected by election or appointment to another position; i.e., green committee members, association officers, and/or Chartered Club Presidents; and
3. Must agree to adhere to the Corporate Documents.

[Rob Elsman]

Thank you for your concern for my mental state.  😁

[Josh Martin]

On 8/27/2022 at 10:33 AM, Tomm said:

This is all it says. The requirements are simply being Members in good standing etc.

 

 committees shall attempt to have no less than five (5) members. Members of committees shall be selected from the Membership at large who must meet the following requirements:

Well, assuming it is in fact correct that the bylaws are silent regarding who shall appoint committees, and no other rules or committee instructions have been adopted regarding this matter, it seems to me that the Chair and Co-Chair of a committee do not have the authority to appoint members to the committee.

If an organization's rules are silent on this subject, then the power to appoint a committee's members rests with the committee's parent assembly.

[Richard Brown]

On 8/27/2022 at 10:53 AM, Josh Martin said:

Well, assuming it is in fact correct that the bylaws are silent regarding who shall appoint committees, and no other rules or committee instructions have been adopted regarding this matter, it seems to me that the Chair and Co-Chair of a committee do not have the authority to appoint members to the committee.

If an organization's rules are silent on this subject, then the power to appoint a committee's members rests with the committee's parent assembly.

I agree.  However, I would think that the parent assembly could, by motion or special rule of order, prescribe how members of various committees shall be selected. I’m not sure if this could be done by a standing rule. I’m interested in hearing other opinions on that point.
 

Edited August 27, 2022 at 04:35 PM by Richard Brown
Added everything after “I agree”