Committee struck from agenda

[Guest KDS]

Is there a motion that can be brought forth to bring a committee report to the membership after it was struck from a general meeting agenda without due course.  The situation is a pay practices special committee was formed by the general membership to review payroll practices and bring forth recommendations.  The committee report was on the adopted general meeting agenda, however when it was time for the committee to present, the President and members of the Executive Board blocked the report from being presented to the members. 

This is an organization that has been seeing losses for the past few years so the membership adopted motion to conduct a forensic audit.  The pay practices committee was then mandated to review current payroll practices and the auditor's recommendations to determine appropriate recommendations for implementation and bring forward to the membership for approval. 

The org's bylaws regarding committees states "In addition to the standing committees, the General Membership or the Executive Board may, from time to time, establish special committees to undertake tasks which no existing committee is suited to undertake.  Each standing committee and each special committee shall report from time to time to the membership"

The Order of Business in org's bylaws include "Reports of Standing and Special Committees"

The auditor's findings have identified lack of policies, budgets, internal controls and culture of spending so there is a concentrated effort by current Executive Board to keep this info from the members.  The goal is to have the payroll practices report presented prior to the elections that are taking place next meeting.  

Question:  When they call for adoption of the Minutes at the next general meeting, could a motion be brought forth to have the pay practices committee report heard that was struck from the previous meeting's agenda as it was out of order to block the report?

[Dan Honemann]

On 9/21/2024 at 3:18 PM, Guest KDS said:

Is there a motion that can be brought forth to bring a committee report to the membership after it was struck from a general meeting agenda without due course.  The situation is a pay practices special committee was formed by the general membership to review payroll practices and bring forth recommendations.  The committee report was on the adopted general meeting agenda, however when it was time for the committee to present, the President and members of the Executive Board blocked the report from being presented to the members. 

How did the President and members of the board manage to do this?  Did the members present simply allow it to happen?  A call for the orders of the day by a single member would have forced the president to adhere to the agenda unless the assembly, by a two-thirds vote, agreed to do otherwise. 

On 9/21/2024 at 3:18 PM, Guest KDS said:

Question:  When they call for adoption of the Minutes at the next general meeting, could a motion be brought forth to have the pay practices committee report heard that was struck from the previous meeting's agenda as it was out of order to block the report?

No.  This is absolutely the wrong place to bring this up.

At the next general meeting, when the agenda is presented for adoption, make sure that this committee report is once again listed as one of the items to be taken up under "Reports of Standing and Special Committees", and this time make it happen.  Bone up on Call for the Orders of the Day in RONR, 12th ed., 18:1-11 , and in what is said about agendas in 41:58-70.  Don't let them run all over you again.

As they are fond of saying around here, "you snooze you lose."

P.S.  Talk to the chairman of this committee ahead of time and make sure that he or she will be ready to submit the committee's report.

Edited September 21, 2024 at 08:01 PM by Dan Honemann
Added the last paragraph.

[Guest KDS]

On 9/21/2024 at 12:56 PM, Dan Honemann said:

How did the President and members of the board manage to do this?  Did the members present simply allow it to happen?  A call for the orders of the day by a single member would have forced the president to adhere to the agenda unless the assembly, by a two-thirds vote, agreed to do otherwise. 

No.  This is absolutely the wrong place to bring this up.

At the next general meeting, when the agenda is presented for adoption, make sure that this committee report is once again listed as one of the items to be taken up under "Reports of Standing and Special Committees", and this time make it happen.  Bone up on Call for the Orders of the Day in RONR, 12th ed., 18:1-11 , and in what is said about agendas in 41:58-70.  Don't let them run all over you again.

As they are fond of saying around here, "you snooze you lose."

P.S.  Talk to the chairman of this committee ahead of time and make sure that he or she will be ready to submit the committee's report.

Thanks Dan this is most helpful, will read the RONR sections you have referenced.  Yes the members allowed it to happen not knowing what recourse they had, so want to make sure they a prepared for next meeting.  

[Dan Honemann]

On 9/21/2024 at 4:19 PM, Guest KDS said:

Thanks Dan this is most helpful, will read the RONR sections you have referenced.  Yes the members allowed it to happen not knowing what recourse they had, so want to make sure they a prepared for next meeting.  

Well, you'll find that the sections you will be studying aren't the easiest to understand in RONR, so don't hesitate to come back with any questions you may have.

[Guest KDS]

On 9/21/2024 at 1:22 PM, Dan Honemann said:

Well, you'll find that the sections you will be studying aren't the easiest to understand in RONR, so don't hesitate to come back with any questions you may have.

Thanks Dan, much appreciated!

[Guest KDS]

On 9/21/2024 at 1:19 PM, Guest KDS said:

At the next general meeting, when the agenda is presented for adoption, make sure that this committee report is once again listed as one of the items to be taken up under "Reports of Standing and Special Committees", and this time make it happen.  Bone up on Call for the Orders of the Day in RONR, 12th ed., 18:1-11 , and in what is said about agendas in 41:58-70.  Don't let them run all over you again.

Hi Dan, 

I have read the referenced sections of RONR and now have a better understanding on Call for the Orders of the Day and the requirement of 2/3 vote to set them aside, however to your point above, there is strong likelihood the committee report won't be listed on the next meeting agenda.  I read the entire section 41 on agendas and unless I missed it, did not see anything that would pertain to adding a committee report that has been omitted, is there a specific section that I should read on this?

Question: when the agenda is presented for adoption, would they need to make a motion to have the committee report added to the agenda under Reports of Standing & Special Committees, and if so what would the threshold be for that motion to pass, or is there some other procedure to have it added to the agenda before it is adopted?    

Question: once the committee report is listed on the agenda under Reports of Committees, could they bring a motion to revise the order of business to bring the Committee Reports to the front of the agenda (bylaws state regular order of business may by suspended by 2/3 vote) and then when its time for the committees to give their report, call for orders of the day if they try to block the committee from giving their report?

(are they still able to call for orders of the day, after a motion to suspend the regular order of business to bring the committee reports to the front of the agenda)

[Josh Martin]

On 9/23/2024 at 2:13 PM, Guest KDS said:

Question: when the agenda is presented for adoption, would they need to make a motion to have the committee report added to the agenda under Reports of Standing & Special Committees, and if so what would the threshold be for that motion to pass

Yes, and a majority vote would be required.

On 9/23/2024 at 2:13 PM, Guest KDS said:

Question: once the committee report is listed on the agenda under Reports of Committees, could they bring a motion to revise the order of business to bring the Committee Reports to the front of the agenda (bylaws state regular order of business may by suspended by 2/3 vote)

Yes, although a 2/3 vote would be required.

I'd also note that you're free to bring just this particular report to the front of the agenda. You don't have to move up all of the committee reports (unless, of course, you want to).

On 9/23/2024 at 2:13 PM, Guest KDS said:

and then when its time for the committees to give their report, call for orders of the day if they try to block the committee from giving their report?

I don't know who "they" is referring to here, but yes, if the committee report is the next item on the agenda and there is some attempt to just skip past it, a member should call for the orders of the day.

[Dan Honemann]

On 9/23/2024 at 3:13 PM, Guest KDS said:

I have read the referenced sections of RONR and now have a better understanding on Call for the Orders of the Day and the requirement of 2/3 vote to set them aside, however to your point above, there is strong likelihood the committee report won't be listed on the next meeting agenda.  I read the entire section 41 on agendas and unless I missed it, did not see anything that would pertain to adding a committee report that has been omitted, is there a specific section that I should read on this?

This brings up the question as to who prepares the agenda which is to be presented for approval.  Do your bylaws or any other rules have anything to say about this?

I suggest that you speak with the chairman of your pay practices special committee to be sure that this committee is prepared to report, and urge him or her to advise whoever prepares this draft agenda that the committee wishes to report and requests that it be placed on the draft agenda.

If this doesn't work, and the committee does wish to report (I am assuming this to be the case), then at your next meeting, when the agenda is pending for approval, someone (preferably the committee chairman) should move that the agenda be amended by including its report under "Reports of Committees" (I think this is what you said you call this portion of the agenda).  This motion is certainly in order (requires a second), and if the chair rules that it is not, you should be prepared to appeal from this ruling.  "When the adoption of a proposed agenda is pending, it is subject to amendment by majority vote" (41:63).  Read up on appeals in Section 24 (24:1-13).

I think Mr. Martin has pretty much covered the rest of your questions.

 

[Guest KDS]

On 9/23/2024 at 2:21 PM, Josh Martin said:

Yes, and a majority vote would be required.

Yes, although a 2/3 vote would be required.

I'd also note that you're free to bring just this particular report to the front of the agenda. You don't have to move up all of the committee reports (unless, of course, you want to).

I don't know who "they" is referring to here, but yes, if the committee report is the next item on the agenda and there is some attempt to just skip past it, a member should call for the orders of the day.

Thanks for the insight Josh, much appreciated!

 

[Guest KDS]

On 9/23/2024 at 3:15 PM, Dan Honemann said:

This brings up the question as to who prepares the agenda which is to be presented for approval.  Do your bylaws or any other rules have anything to say about this?

I suggest that you speak with the chairman of your pay practices special committee to be sure that this committee is prepared to report, and urge him or her to advise whoever prepares this draft agenda that the committee wishes to report and requests that it be placed on the draft agenda.

If this doesn't work, and the committee does wish to report (I am assuming this to be the case), then at your next meeting, when the agenda is pending for approval, someone (preferably the committee chairman) should move that the agenda be amended by including its report under "Reports of Committees" (I think this is what you said you call this portion of the agenda).  This motion is certainly in order (requires a second), and if the chair rules that it is not, you should be prepared to appeal from this ruling.  "When the adoption of a proposed agenda is pending, it is subject to amendment by majority vote" (41:63).  Read up on appeals in Section 24 (24:1-13).

I think Mr. Martin has pretty much covered the rest of your questions.

 

The bylaws state the duties of the Executive Board is to formulate the general meeting agenda with the secretary/treasurer usually preparing the agenda.  The committee is prepared to report and will request to be added to the draft agenda, however good chance it won't be included, therefore will read up on the sections you have identified.  Thank you for your knowledge and assistance, it is very much appreciated!

[Atul Kapur]

On 9/23/2024 at 9:25 PM, Guest KDS said:

The bylaws state the duties of the Executive Board is to formulate the general meeting agenda with the secretary/treasurer usually preparing the agenda

Looking for the worst-case scenario: If, as you imply, the leadership is opposed to this information coming out, they may try to argue that the amendment to the agenda is not in order. This is almost certainly bogus, but if you could provide the exact language of this part of your bylaws, we may be able to help you develop arguments to use when you appeal from that ruling, should it occur.

[Dan Honemann]

On 9/23/2024 at 9:25 PM, Guest KDS said:

The bylaws state the duties of the Executive Board is to formulate the general meeting agenda with the secretary/treasurer usually preparing the agenda.

I agree with Dr. Kapur that it would be helpful to have the exact language in your bylaws relating to this, and anything relating to its approval.