Replacing the committee chair.

[Tomm]

It use to be in the bylaws but was removed and placed into, what's called, "Board Policies" and states:

"COMMITTEE CHAIR AND CO-CHAIR All committees shall have a Board of Director as Chair and Co-Chair who shall be approved by the Board in January each year. If a Chair or Co-Chair is unwilling or incapable of satisfactorily performing the responsibilities, they may be removed from his/her position as Chair or Co-Chair by a ballot vote of a majority vote of the Board (5). The Committee Chair and Co-Chair shall conduct committee meetings unless unavailable, then another Board of Director may do so. The Committee Chair, or Co-Chair in the absence of the Chair, shall be responsible for presenting committee recommendations to the Board."

62:14 tells you that the motion may name the new occupant of the chair, but if a person is not named, then the VP presides.

QUESTION:  Can a motion at a committee meeting be made to suspend the rules in order to replace the chair and elect a yet unnamed person to the chair? I believe that's what 47:11 is allowing?

 

[Gary Novosielski]

On 9/22/2023 at 7:56 PM, Tomm said:

It use to be in the bylaws but was removed and placed into, what's called, "Board Policies" and states:

"COMMITTEE CHAIR AND CO-CHAIR All committees shall have a Board of Director as Chair and Co-Chair who shall be approved by the Board in January each year. If a Chair or Co-Chair is unwilling or incapable of satisfactorily performing the responsibilities, they may be removed from his/her position as Chair or Co-Chair by a ballot vote of a majority vote of the Board (5). The Committee Chair and Co-Chair shall conduct committee meetings unless unavailable, then another Board of Director may do so. The Committee Chair, or Co-Chair in the absence of the Chair, shall be responsible for presenting committee recommendations to the Board."

62:14 tells you that the motion may name the new occupant of the chair, but if a person is not named, then the VP presides.

QUESTION:  Can a motion at a committee meeting be made to suspend the rules in order to replace the chair and elect a yet unnamed person to the chair? I believe that's what 47:11 is allowing?

 

No, the motion would have to be made in the parent body.  The committee cannot suspend the rules so as to give itself additional powers.

[Tomm]

On 9/22/2023 at 5:05 PM, Gary Novosielski said:

The committee cannot suspend the rules so as to give itself additional powers.

So are you saying that the motion to "suspend the rules" is pretty much always out of order in a committee?

[Gary Novosielski]

On 9/22/2023 at 8:33 PM, Tomm said:

So are you saying that the motion to "suspend the rules" is pretty much always out of order in a committee?

That's not what I'm saying, and besides this is not even in the nature of a rule of order anyway.

[Josh Martin]

On 9/22/2023 at 6:56 PM, Tomm said:

Can a motion at a committee meeting be made to suspend the rules in order to replace the chair and elect a yet unnamed person to the chair?

Yes, however, as in any case of a motion to suspend the rules and replace the chair, such a motion would have effect, at most, for the duration of the current session.

"If the chair is not an appointed or elected chairman pro tem, a motion to declare the chair vacant is not in order. However, a motion can be made to Suspend the Rules so as to take away from him the authority to preside during all or part of a given session." RONR (12th ed.) 62:12

On 9/23/2023 at 12:30 AM, Gary Novosielski said:

That's not what I'm saying, and besides this is not even in the nature of a rule of order anyway.

Mr. Novosielski, I wonder if perhaps you have a different understanding of the question than I do.

My understanding is that the question is concerning replacing the chair of the committee for part or all of a session. This is undoubtedly in the nature of a rule of order - there is an Official Interpretation (OI 2006-2) on that very question.

I wonder if you are perhaps understanding the question as to whether the committee may suspend the rules so as to permit the committee to remove the permanent chair of the committee and elect the permanent chair of the committee. I concur that this would exceed the committee's power and is not a proper motion to Suspend the Rules.

Edited September 24, 2023 at 12:15 AM by Josh Martin

[Tomm]

To be more specific, the committee was established with three co-chairs, all of which are members of the board.

It intention is to allow a different committee member to chair each of the upcoming meetings, because the committee believes the board member co-chairs are too influential.

They went as far as taking a vote to compel them not to vote!!!!.  Sad part is, nobody raised a point of order to stop that vote! 

[Josh Martin]

On 9/23/2023 at 7:40 PM, Tomm said:

To be more specific, the committee was established with three co-chairs, all of which are members of the board.

That seems inconsistent with the rule, which provides "All committees shall have a Board of Director as Chair and Co-Chair who shall be approved by the Board in January each year."

On 9/23/2023 at 7:40 PM, Tomm said:

It intention is to allow a different committee member to chair each of the upcoming meetings, because the committee believes the board member co-chairs are too influential.

Such a motion would have to be adopted again at every meeting, since a motion to Suspend the Rules cannot have effect beyond the current session. To adopt such a motion at every meeting would also be a very direct challenge to the appointing authority and may not be wise.

Does the board appoint the rest of the committee members as well?

Edited September 24, 2023 at 01:05 AM by Josh Martin

[Tomm]

On 9/23/2023 at 6:01 PM, Josh Martin said:

That seems inconsistent with the rule, which provides "All committees shall have a Board of Director as Chair and Co-Chair who shall be approved by the Board in January each year."

Yes it is inconsistent, but by naming them all co-chairs it was the intention that the directors would be viewed more simply as committee members rather than directors!

Needless to say, our organization needs to get its stuff together! 

[Gary Novosielski]

On 9/23/2023 at 8:15 PM, Josh Martin said:

Mr. Novosielski, I wonder if perhaps you have a different understanding of the question than I do.

My understanding is that the question is concerning replacing the chair of the committee for part or all of a session. This is undoubtedly in the nature of a rule of order - there is an Official Interpretation (OI 2006-2) on that very question.

I wonder if you are perhaps understanding the question as to whether the committee may suspend the rules so as to permit the committee to remove the permanent chair of the committee and elect the permanent chair of the committee. I concur that this would exceed the committee's power and is not a proper motion to Suspend the Rules.

Yes.  The OQ referred to the ability to suspend a rule that said:

On 9/22/2023 at 7:56 PM, Tomm said:

If a Chair or Co-Chair is unwilling or incapable of satisfactorily performing the responsibilities, they may be removed from his/her position as Chair or Co-Chair by a ballot vote of a majority vote of the Board (5).

...and allow the chair's removal by a vote in committee.  The rule seems to be referring to permanent replacement, having effect beyond a single session.