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Impact upon approved board motions that originated from an improperly staffed committee


Lee Smith

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Board motions require a second unless the motion originates from a committee.

Question: What is the impact upon any previously approved board motion that originated from a committee (no second was obtained) if the authoring committee is required to have 6 to 9 members approved by the board—but, in fact, only 2 committee members (both board members) were approved by the board?

Stated another way: Does the lack of a properly staffed committee that authored motions impact the status of board motions approved by the board (without a second) that originated from that same improperly staffed committee?

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It is worth noting the proper purpose of a second is not some fatal flaw if not obtained.  After debate has begun (or a vote if no debate was offered) is taken it is too late to object that no second was obtained (4:13). The purpose of a second, to wit:

Quote

The requirement of a second is for the chair's guidance whether to state the question on the motion, thus placing it before the assembly.  Its purposes is to prevent from from being consumed by the assembly's having to dispose of a motion that only one person wants to see introduced. (RONR (12th ed.) 4:12)

 

Edited by Caryn Ann Harlos
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On 1/9/2023 at 9:34 AM, Lee Smith said:

Board motions require a second unless the motion originates from a committee.

 

Question: What is the impact upon any previously approved board motion that originated from a committee (no second was obtained) if the authoring committee is required to have 6 to 9 members approved by the board—but, in fact, only 2 committee members (both board members) were approved by the board?

 

Stated another way: Does the lack of a properly staffed committee that authored motions impact the status of board motions approved by the board (without a second) that originated from that same improperly staffed committee?

 

Moving the recommendations of a committee does not require a second.  Presuming the committee itself comprised more than one person, the requirement that more than one person wishes to consider it has already been met, since it was approved by a majority of the committee. 

The fact that the board failed to complete appointments to the committee is not fatal to the process, especially since it seems no Point of Order was raised at the time.

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On 1/9/2023 at 8:34 AM, Lee Smith said:

Question: What is the impact upon any previously approved board motion that originated from a committee (no second was obtained) if the authoring committee is required to have 6 to 9 members approved by the board—but, in fact, only 2 committee members (both board members) were approved by the board?

None.  The fact that the committee is not fully populated does not affect the validity of its report or the motion resulting therefrom, especially if no point of order was raised at the time of the report.

On 1/9/2023 at 8:34 AM, Lee Smith said:

Stated another way: Does the lack of a properly staffed committee that authored motions impact the status of board motions approved by the board (without a second) that originated from that same improperly staffed committee?

No. Agreeing with Ms. Harlos, the lack of a second becomes immaterial once debate has begun or the motion has otherwise been acted upon.  In addition, as I stated above, since the motion (or the recommendation) originated in a committee of more than one person, no second was required.  The fact that the committee was not fully populated is not fatal to its report.

Edited by Richard Brown
Edited last paragraph. I posted before I was finished editing.
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