Setting Up a Committee

[Guest Sherrie ford]

We had a bylaws committee set up at the beginning of the year. A group asked that a bylaws committee be created at a recent meeting but did not mention that there was already a committee set up that they wanted to replace. Others did not remember there was already a committee in place. Is this valid or does the original committee still stand once it has been brought to their attention that there was already a committee?

[Chris Harrison]

We had a bylaws committee set up at the beginning of the year. A group asked that a bylaws committee be created at a recent meeting but did not mention that there was already a committee set up that they wanted to replace. Others did not remember there was already a committee in place. Is this valid or does the original committee still stand once it has been brought to their attention that there was already a committee?

A few questions:

1) Do the bylaws specify who populates the committee?

2) Who did the appointing of the members (both committees)?

3) Was a vast majority of the members who voted in favor of the new committee members (like over 2/3)?

[Guest Sherrie Ford]

The President appoints the committee. He appointed the first one and the new one. Yes, there was a 2/3 vote but everything had already been put in place behind the scenes without talking with members of the current committee. They approcaed it as if there was not a committee already in place.

[Chris Harrison]

The President appoints the committee. He appointed the first one and the new one. Yes, there was a 2/3 vote ...

I'm a bit confused. You say that the President appoints the committee but then you say that the members agreed to it by a 2/3 vote. It would seem that either the President appoints the committee or the members do. Can you please clarify?

[Guest Sherrie Ford]

He appoints the committee but the executive board voted to aprove the appointments. Is that not the correct way to do it? It did not go before the general membership.

[Kim Goldsworthy]

He appoints the committee but the executive board voted to aprove the appointments.

Is that not the correct way to do it?

It did not go before the general membership.

No, that's not the default way, per Robert's Rules of Order.

Presidents do not appoint committees, with two exceptions. (viz., tellers; sgt-at-arms.)

[Chris Harrison]

He appoints the committee but the executive board voted to aprove the appointments. Is that not the correct way to do it? It did not go before the general membership.

If the bylaws say that the Board must approve the appointments first then it is correct. Otherwise the President doesn't need approval and he can appoint whoever he wants.

If the President has the unilateral authority to appoint committee members then he can change them as well (basically he as the appointing authority can Amend Something Previously Adopted thus removing one or all of the members and replacing them). If he must get his appointments approved then it is more unclear whether he can replace existing committee members if the requirements of Amend Something Previously Adopted was not met by the Board vote (RONR p. 295) because if the requirements were not met the new appointments might be null and void per RONR p. 244.

[Guest Sherrie Ford]

No, that's not the default way, per Robert's Rules of Order.

Presidents do not appoint committees, with two exceptions. (viz., tellers; sgt-at-arms.)

Ok, so are the committees not valid?

[Guest Sherrie Ford]

Ok, so are the committees not valid?

[Guest Sherrie Ford]

Even after the executive committee voted on them (both committees)?

[Chris Harrison]

Ok, so are the committees not valid?

If a timely Point of Order was not raised at the time that the wrong person appointed the committee the appointment would still be valid (although the factors I mentioned above might cause a problem).

[Kim Goldsworthy]

Ok, so are the committees not valid?

Are you asking about "validity" because _____:

(a.) there was already a committee in place?

(b.) the wrong party (an unauthorized president) created and/or populated the committee?

The answer could well vary, depending on the wrong-ness in question.

You had said:

...

A group asked that a bylaws committee be created at a recent meeting,

but did not mention that there was already a committee set up that they wanted to replace.

...

The President appoints the committee.

He appointed the first one and the new one.

...

[Guest Sherrie Ford]

Are you asking about "validity" because _____:

(a.) there was already a committee in place?

(b.) the wrong party (an unauthorized president) created and/or populated the committee?

The answer could well vary, depending on the wrong-ness in question.

You had said:

Both. (a.) first because there was already a committe in place

If that is valid then would it be invalid because of reason (b.)?

Also, if our standing rules allow the appointment by the president does that override Roberts Rules of Order?

[Gary Novosielski]

I'm a bit confused. You say that the President appoints the committee but then you say that the members agreed to it by a 2/3 vote. It would seem that either the President appoints the committee or the members do. Can you please clarify?

Appointing a committee does not mean creating it.

If the bylaws say "the president shall appoint all committees except...", then the committees still have to be created before he can do any appointing.