Chair creating Ad Hoc Committee

[Guest Jon Blackwell]

Can the chair create an ad hoc committee, or does this need to be ratified by the board?

[puzzling]

On 7/30/2023 at 4:22 PM, Guest Jon Blackwell said:

Can the chair create an ad hoc committee, or does this need to be ratified by the board?

Except if the bylaws say differently, No

 

Ad hoc Committees can only be created by an motion to commit (a main motion to a committee) at a meeting anx the chair is not a meeting.

Ps creatimg z committee differs from populating a committee, the meeting can ask the chair to do that.

Standing committees can only be established via the bylaws 

Hopes this helps

[Bruce Lages]

First, please clarify - the chair of what?

[Atul Kapur]

On 7/30/2023 at 11:46 AM, puzzling said:

Standing committees can only be established via the bylaws 

This is not correct.

50:8 A standing committee must be constituted by name (a) by a specific provision of the bylaws or (b) by a resolution which is in effect a special rule of order and therefore requires for its adoption either previous notice and a two-thirds vote or a vote of a majority of the entire membership, if any of the following conditions are to apply:

• if the committee is to have standing authority to act for the society on matters of a certain class without specific instructions from the assembly;
• if all business of a certain class is to be automatically referred to the committee; or
• if some other rule of parliamentary procedure is affected by the committee’s assigned function.

50:9 If a standing committee’s assigned function does not affect a rule of parliamentary procedure in any of these three ways, it can be established by a standing rule adopted by a majority vote without notice, although, even in such a case, the committee
is frequently constituted by name in the bylaws as indicated above. If certain standing committees are enumerated in the bylaws, no standing committee aside from those enumerated can be established without amending the bylaws, unless the bylaws also include a provision authorizing the creation of additional standing committees (see also 56:44–48). ....

[Atul Kapur]

On 7/30/2023 at 11:22 AM, Guest Jon Blackwell said:

Can the chair create an ad hoc committee, or does this need to be ratified by the board?

Generally, it is the assembly that creates an ad hoc committee, the board for committees of the board or membership meeting for committees of the organization. This presumes that the bylaws do not specify a different method.

[Gary Novosielski]

On 7/30/2023 at 11:22 AM, Guest Jon Blackwell said:

Can the chair create an ad hoc committee, or does this need to be ratified by the board?

The chair cannot create special committees of the board.   The board can, by majority vote, using the motion to Commit.

See RONR (12th ed.) §13. Commit or Refer

The motion to Ratify would not be in order.  That's used to make valid some action taken without proper authority, which is not what's happening here.  The board is simply voting to refer the motion that is being discussed to a committee for further study and presumably recommendations.  

But check your bylaws.  Some organizations authorize certain individuals to establish committees.  Note that if the bylaws give the president the right to appoint committees, that does not imply he can establish new ones, but rather to name the members of committees established by normal means,.

Edited July 30, 2023 at 10:35 PM by Gary Novosielski

[Atul Kapur]

On 7/30/2023 at 6:33 PM, Gary Novosielski said:

The motion to Ratify would not be in order.  That's used to make valid some action taken without proper authority, which is not what's happening here.

I understand Guest John Blackwell to say that, if the chair created (and presumably appointed members to) a committee, could the board ratify that action following 10:54 Bullet 3?

"Cases where the procedure of ratification is applicable include:

• action taken by officers ... in excess of their ... authority"

Why couldn't the board adopt a motion, for example, "To ratify the chair's action of creating a special committee of the board to make recommendations regarding investment of the $1 million donation that we received and appointing the vice president, secretary, and treasurer to this committee." ?

Guest John Blackwell, I am not at in any way recommending that the chair pursue this course of action; I'm just responding to the point raised by Mr. Novosielski.

Edited July 31, 2023 at 12:10 AM by Atul Kapur