Committee members

[Tomm]

Our bylaws only require that a director be the chair and co-chair of a committee. RONR seems to mostly talk about the members of a committee being appointed by the chair of the board or the entirety of the board when the committee is established.

Am I correct that the committee itself can appoint its own members if a) none are appointed at the time the committee was established, b) the motion creating the committee allows the committee chair and co-chair to do so, or c) the bylaws are silent on that issue?

[Rob Elsman]

There is nothing in RONR (12th ed.) that even remotely suggests that a committee can name its own members in any circumstance.  Such a thing is unthinkable, since it is tantamount to insubordination.

[Tomm]

On 12/1/2023 at 6:23 PM, Rob Elsman said:

There is nothing in RONR (12th ed.) that even remotely suggests that a committee can name its own members in any circumstance.  Such a thing is unthinkable, since it is tantamount to insubordination.

Well, what if the committee was established "with power" to do so? (50:5) 

Seems to me that perhaps the best way to staff a committee would be to allow the chair of that committee to interview and select those members who have particular knowledge and/or experience?

[Rob Elsman]

What if it was? You tell us.

[Tomm]

On 12/1/2023 at 6:48 PM, Rob Elsman said:

What if it was? You tell us.

Then I would assume it could!

[Rob Elsman]

Okay.

[Atul Kapur]

On 12/1/2023 at 5:58 PM, Tomm said:

Am I correct that the committee itself can appoint its own members if a) none are appointed at the time the committee was established, b) the motion creating the committee allows the committee chair and co-chair to do so, or c) the bylaws are silent on that issue?

No, you are incorrect for (a) and (c). The body creating the committee has the power to appoint its members.

50:13 lists the way members of a committee can be appointed. Appointment by the committee chair is not one of the methods listed. So if the bylaws are silent, as in (c), the rules in RONR apply.

If no one is appointed at the time the committee is established, as in (a), follow the procedure in 13:13-15, paying particular attention to "When a motion to refer to a 
special committee has been adopted, no business except privileged matters can intervene until selection of the committee 
members is completed—except that if the chair is to appoint the committee, he can, if he wishes and time permits, state that he will announce the names of its members." (Note that the "chair" here is the chair of the establishing body, not the committee chair.)

The body could delegate this to the committee chair, as you mention in (b).

 

Edited December 2, 2023 at 03:06 AM by Atul Kapur

[Atul Kapur]

On 12/1/2023 at 8:43 PM, Tomm said:

Seems to me that perhaps the best way to staff a committee would be to allow the chair of that committee to interview and select those members who have particular knowledge and/or experience?

I have some organizations that authorize the president to appoint or nominate  committee members after consultation with the committee chair, but (i) this is usually for standing committees, and (ii) the power to appoint or nominate is still with the president, not the committee chair.

Edited December 2, 2023 at 03:06 AM by Atul Kapur

[Tomm]

On 12/1/2023 at 8:01 PM, Atul Kapur said:

50:13 lists the way members of a committee can be appointed.

Seems to me after reading 50:12, that those methods apply to those who are not members of the assemblies, which makes me believe that they don't necessarily even belong to the organization? Possible outside experts?

[Atul Kapur]

No, the methods in 50:13, apply to the appointment of all members of the committee, whether they are members of the organization or not, except that method (d) has extra requirements before the appointments can be considered final.

[Tomm]

I guess the only point I'm trying to confirm is that members of a committee can be assigned by other methods rather than absolutely having to be appointed by only the Chair.

The Chair can appoint the members, the assembly can appoint the members or the committee can appoint its members all depending on how the motion to commit was presented.

During a debate of a motion at our recent meeting an opposing comment was made that only the chair could appoint the members which I argued was incorrect?

 

[Gary Novosielski]

On 12/1/2023 at 8:43 PM, Tomm said:

Well, what if the committee was established "with power" to do so? (50:5) 

Seems to me that perhaps the best way to staff a committee would be to allow the chair of that committee to interview and select those members who have particular knowledge and/or experience?

There's no one "best way" to appoint a committee.  I'd say it would be toward the unusual side of the custometer to have the chair select members.  RONR says that when referring a matter to a special (ad hoc) committee, the details like how many members, their names (or who shall appoint them) and who is the chairman, should be decided before (or just after) the motion to Commit is voted on.  

Allowing a committee to select its own members, or to allow all comers in the door, is not unheard of, but when it is heard of, it's not aways with compliments

[Josh Martin]

On 12/1/2023 at 4:58 PM, Tomm said:

Our bylaws only require that a director be the chair and co-chair of a committee. RONR seems to mostly talk about the members of a committee being appointed by the chair of the board or the entirety of the board when the committee is established.

Am I correct that the committee itself can appoint its own members if a) none are appointed at the time the committee was established, b) the motion creating the committee allows the committee chair and co-chair to do so, or c) the bylaws are silent on that issue?

a.) No.

b.) Yes, to the extent that by "the committee" you mean "the committee chair and vice chair," as specified in the motion. (I suppose at that time, those two things are synonymous, although that will change as people are appointed.)

c.) No.

If the bylaws are silent concerning the appointment of committees, the assembly is free to appoint committees in such manner as it sees fit. The assembly even could, if it wishes, authorize the committee to appoint its own members. But the committee cannot simply assume such authority, and nothing in RONR grants committees such authority.

On 12/1/2023 at 7:43 PM, Tomm said:

Well, what if the committee was established "with power" to do so? (50:5) 

If a committee is specifically authorized to appoint additional members, then obviously it has the authority to appoint additional members.

The fact that a committee is appointed "with power," in and of itself, however, does not suggest to me the committee is authorized to appoint additional members.

On 12/1/2023 at 7:43 PM, Tomm said:

Seems to me that perhaps the best way to staff a committee would be to allow the chair of that committee to interview and select those members who have particular knowledge and/or experience?

That's certainly one way to do it. What is the "best way" to staff a committee is up to the organization.

On 12/1/2023 at 9:20 PM, Tomm said:

Seems to me after reading 50:12, that those methods apply to those who are not members of the assemblies, which makes me believe that they don't necessarily even belong to the organization? Possible outside experts?

The methods discussed in 50:13 are applicable regardless of whether the committee consists of members, nonmembers, or some combination thereof. (Although, as noted in 50:12, there are some additional rules applicable to appointment of nonmembers.)

On 12/2/2023 at 11:44 AM, Tomm said:

I guess the only point I'm trying to confirm is that members of a committee can be assigned by other methods rather than absolutely having to be appointed by only the Chair.

Yes, obviously this is correct. There are five methods of appointment discussed in RONR (12th ed.) 50:13, only one of which is appointment by the chair.

Certainly, these methods are also not exhaustive, and an assembly could devise other methods.

On 12/2/2023 at 11:44 AM, Tomm said:

The Chair can appoint the members, the assembly can appoint the members or the committee can appoint its members all depending on how the motion to commit was presented.

Sure.

On 12/2/2023 at 11:44 AM, Tomm said:

During a debate of a motion at our recent meeting an opposing comment was made that only the chair could appoint the members which I argued was incorrect?

This is incorrect.

Edited December 2, 2023 at 08:12 PM by Josh Martin

[Atul Kapur]

On 12/2/2023 at 3:05 PM, Josh Martin said:

There are five methods of appointment discussed in RONR (12th ed.) 50:13, only one of which is appointment by the chair.

Certainly, these methods are also not exhaustive, and an assembly could devise other methods.

The other methods would either need to found in the governing documents, special rules of order, or in the motion referred to in 50:13(e).

[Josh Martin]

On 12/2/2023 at 7:34 PM, Atul Kapur said:

The other methods would either need to found in the governing documents, special rules of order, or in the motion referred to in 50:13(e).

I agree.