Motions referred to Governance (Bylaw) Committee

[RORBaby]

If at a previous annual meeting of delegates (April 2010), a motion was referred to the Governance Committee to study whether or not to continue a passed motion (in April 2008), which had a limited "2-year trial basis" - does the matter have to be brought up at the next annual meeting (April 2011) for the assembly to vote OR can the Executive Board, upon recieving the recommendation from the Governance Committee (during the year), make a decision from that?

I find it ridiculous to go through this process (waiting till April 2011) to see if the trial basis will become permanent but we have to wait until the end of the 2011 assembly to actually recognize it? To do something for the years 2009 and 2010 but to skip 2011 because of the need to vote only to bring it back in 2012 on a permanent basis is redundant to me.

If this is not clear - please ask.

Thanks.

[hmtcastle]

can the Executive Board, upon recieving the recommendation from the Governance Committee (during the year), make a decision from that?

That depends on the authority your bylaws give your executive board.

Who referred the matter to the governance committee and who does that committee report to?

See also Official Interpretations 2006-12 and 2006-13.

[RORBaby]

That depends on the authority your bylaws give your executive board.

§ 5.02 Authority.

The Board shall be the final authority for any and all issues connected with any national

tournament, but not for any dispute between region and team/player of its own region unless

the dispute is appealed.

Who referred the matter to the governance committee and who does that committee report to?

The membership/delegates referred the matter to the Governance Committee.

CHAPTER NINE. Functions of Standing Committees

§ 9.01 Governance Committee.

The Governance Committee shall consist of the Vice President as a liaison officer and three

other members of the Association appointed by the Vice President, with the approval of the

Executive Board. It shall have the authority to propose revisions and amendments to the

Constitution, Bylaws, and Guidelines of the Association, and shall present them for action at

the meeting of the Executive Board and the Basketball Council. As a Grievance Appeals

Board, it shall have the authority to adjudicate all grievances.

ARTICLE EIGHT. Committees

§ 8.01 Committees.

The Executive Board shall have the authority to establish such committees as necessary to

meet the needs of the organization.

§ 8.02 Liaison.

An officer of the Association shall serve as the Association’s liaison with each committee and

shall report directly to the Executive Board.

See also Official Interpretations 2006-12 and 2006-13.

[Kim Goldsworthy]

... Or can the Executive Board, upon recieving the recommendation from the Governance Committee (during the year), make a decision from that?

If a convention is the body which charged a committee, then the committee reports to the convention.

The convention is free to instruct (to charge) a committee in any way, including instructions to report its findings to another party, like your "executive board".

But, the executive board is out of the loop, it appears, since the party who referred the matter to this committee FAILED to give the committee, or give the executive board, any kind of instruction whereby the committee may report to some other party.

So, the answer is "No." - The wrong party is getting the committee report, if your executive board were to receive the committee report.

And nothing in Robert's Rules grants your executive board any kind of power whatsoever.

If you can find a bylaw which says otherwise, then obey your bylaws.