Committee turnover and inheriting resolutions

[Anne Murdaugh]

We have an Executive Committee (EC) in which members have two year terms, with the terms staggered so that about half the committee is rolling off in a given year.  This month the EC committee is looking to pass a bylaws change with then must be taken to the full body (faculty) to fully pass.  However, because the academic year (AY) is ending, this won't go to the full faculty until the fall when the new EC is in place.   There are mixed feelings about the new EC inheriting a resolution from the previous.  EC controls the full faculty meeting agendas, so it is conceivable that the old EC could pass a resolution that the new EC then drops.  We also aren't sure how bound the new EC is to the resolution passed by the old EC.  If they wanted to make changes, could they?

We somewhat want to avoid the situation in which the old EC is dictating what happens to the new EC, but the current EC also feels strongly about the resolution and wants to move it forward.   They also want to assure the larger body that the resolution was acted on in this AY, even though it can't go to the full body until next AY.  But they recognize this may be forcing the new EC to do something they do not want, and generally people don't like that either.   

Could a resolution be passed twice by two different ECs?
Are there ways to balance the will of the outgoing EC while providing agency to the new EC? 

[Gary Novosielski]

Executive Committees, although they are called committees, are more in the nature of boards, and are subject to the rules for the latter.

49:22 Effect of Periodic Partial Change in Board Membership.
In cases where a board is constituted so that a specified portion of its membership is chosen periodically (as, for example, where one third of the board is elected annually for three-year terms), it becomes, in effect, a new board each time such a group assumes board membership. Consequently, when the outgoing portion of the board vacates membership, all matters temporarily but not finally disposed of (see 9:8–11, 38:8), except those that remain in the hands of a committee to which they have been referred, fall to the ground under provision (c) in 21:7. (See also 50:30, regarding the continuity of matters that have been referred to a special committee appointed by the board.)

So there is a workaround.  If the EC wishes this bylaws change not to fall to the ground at the end of its term, it should refer the matter to a special committee appointed for that purpose.  It should make certain that the motion to Refer includes instructions to the committee expressly to report back to the EC at a date beyond the start of its next term.  Don't omit this last point, or the special committee's term will end when the EC's term ends. [50:30].

The special committee could report back with recommendations on the proposed amendment, if desired, or could simply report it back in the same state as it was when referred.  In either case, it places the matter back into the hands of the next EC session, which is then free to proceed as it wishes.

 

Edited April 11, 2023 at 07:42 PM by Gary Novosielski

[Josh Martin]

On 4/11/2023 at 2:15 PM, Anne Murdaugh said:

We have an Executive Committee (EC) in which members have two year terms, with the terms staggered so that about half the committee is rolling off in a given year.  This month the EC committee is looking to pass a bylaws change with then must be taken to the full body (faculty) to fully pass.  However, because the academic year (AY) is ending, this won't go to the full faculty until the fall when the new EC is in place.   There are mixed feelings about the new EC inheriting a resolution from the previous.  EC controls the full faculty meeting agendas, so it is conceivable that the old EC could pass a resolution that the new EC then drops.  We also aren't sure how bound the new EC is to the resolution passed by the old EC.  If they wanted to make changes, could they?

As a general matter, the Executive Committee is free to adopt a motion to Rescind or Amend Something Previously Adopted in regard to a resolution adopted previously by the EC, even if that resolution was adopted prior to some members of the EC taking office. This motion requires for its adoption a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

There are some complications here, however, in that you say this resolution must ultimately "be taken to the full body (faculty) to fully pass." So the exact rules on the manner in which notice is provided to the full faculty of such amendments may affect things.

On 4/11/2023 at 2:15 PM, Anne Murdaugh said:

Could a resolution be passed twice by two different ECs?

You should stop thinking of this as "two different Executive Committees." It's the same Executive Committee - just some of the members have changed.

There would be no purpose in adopting the same resolution twice. If the EC is happy with the resolution, then no action is necessary or appropriate. If it's not happy, then see above.

[Anne Murdaugh]

Thank you both for the insight.  I'll take these courses of action back to the committee.