Continuing breach?

[David A Foulkes]

At the State Convention (attended by delegates from our five local societies) last May an Audit Committee was appointed by the State Board president per the bylaws. They met yesterday. It consisted of two members of a local society, and the President and Treasurer of the State Board. It is possible the Treasurer was there simply to provide financial documentation, and was not in fact part of the committee, leaving only the two members and the President. She may have also been there as a committee member. I'm unsure.

State Bylaws (I know, we don't do bylaws here, but please bear with me) also state that the committee shall be of at least three and no more than five members, none of whom shall hold a State Board Office.

Nothing in the State bylaws refer to the President being ex-officio a member of any committees.

Questions:

1. If in fact the President appointed herself to the committee (and possibly the Treasurer), in violation of the bylaws, does this constitute a continuing breach?

2. If yes to #1, as this was a State convention, is the only opportunity to raise a Point Of Order at the next annual convention, or could it be raised at a Board meeting of the State Board?

[J. J.]

At the State Convention (attended by delegates from our five local societies) last May an Audit Committee was appointed by the State Board president per the bylaws. They met yesterday. It consisted of two members of a local society, and the President and Treasurer of the State Board. It is possible the Treasurer was there simply to provide financial documentation, and was not in fact part of the committee, leaving only the two members and the President. She may have also been there as a committee member. I'm unsure.

State Bylaws (I know, we don't do bylaws here, but please bear with me) also state that the committee shall be of at least three and no more than five members, none of whom shall hold a State Board Office.

Nothing in the State bylaws refer to the President being ex-officio a member of any committees.

Questions:

1. If in fact the President appointed herself to the committee (and possibly the Treasurer), in violation of the bylaws, does this constitute a continuing breach?

2. If yes to #1, as this was a State convention, is the only opportunity to raise a Point Of Order at the next annual convention, or could it be raised at a Board meeting of the State Board?

1. Yes, but only until the committee is disbanded.

2. I'm not sure that the audit itself would be invalid. The majority of a committee of three is eligible to serve and could have legitimately performed the audit.

[David A Foulkes]

1. Yes, but only until the committee is disbanded.

Aye, there's the rub. When are they discharged? I think I have a handle on the RONR concept, and I know what the bylaws say, so I'll ponder that.

Edit:

I'm not clear on whether this is a standing or special committee. My gut tells me special. There is no section in the bylaws that delineates committees, such as in the RONR sample bylaws. But it is mentioned under the section for Conventions as appointed by the President. And since it has a specific duty that is not on-going, I'm thinking it isn't standing. If only I knew..........

2. I'm not sure that the audit itself would be invalid. The majority of a committee of three is eligible to serve and could have legitimately performed the audit.

But if the audit is handled by a committee that is not properly appointed? That is, if the composition of the committee is in violation of the bylaws, can it perform its duty?

[Josh Martin]

When are they discharged?

When the committee gives its report.

But if the audit is handled by a committee that is not properly appointed? That is, if the composition of the committee is in violation of the bylaws, can it perform its duty?

I think RONR, 10th ed., pg. 402, line 25 - pg. 403, line 2 applies here. As to who has authority to raise a Point of Order, I think the question comes down to who approves the report of the audit committee. Is it the board or the general membership?

[David A Foulkes]

When the committee gives its report.

Upon completion of the auditors findings, "The auditors report shall be forwarded to the State Board of Trustees immediately and copies distributed to delegates at the next annual convention."

So, they don't actually rise and report at the convention. Are they discharged when the report goes in the mail to the State Board? When the Board receives it? Do they continue in existence until the convention, should any of their finding be disputed in the interim and need to be referred back to them?

I think RONR, 10th ed., pg. 402, line 25 - pg. 403, line 2 applies here.

So the analogy to the "illegal votes" in the balloting is that if any contribution by the "illegal" member(s) of the committee could have affected the findings they would be null and void, and the audit would need to be redone?

As to who has authority to raise a Point of Order, I think the question comes down to who approves the report of the audit committee. Is it the board or the general membership?

To be honest, recollection is vague, but I suspect it is the Board, with a copy of the approved auditor's report provided to the delegates upon registration. I'll know better at the next convention.

[Josh Martin]

Upon completion of the auditors findings, "The auditors report shall be forwarded to the State Board of Trustees immediately and copies distributed to delegates at the next annual convention."

So, they don't actually rise and report at the convention. Are they discharged when the report goes in the mail to the State Board? When the Board receives it? Do they continue in existence until the convention, should any of their finding be disputed in the interim and need to be referred back to them?

None of the above. The report must be given at a meeting for it to be final. I'd say when the chair has stated the question on agreeing to the report, the committee is clearly discharged. The motion is then in the hands of the assembly, and since there's nothing wrong with the motion itself, it's too late to raise a Point of Order on the composition of the committee.

So the analogy to the "illegal votes" in the balloting is that if any contribution by the "illegal" member(s) of the committee could have affected the findings they would be null and void, and the audit would need to be redone?

Well, if you replace "contribution" with "vote," yes, and it would be up to the new committee how to go about "redoing" the audit. It could start from scratch or rubber stamp the old audit, or anywhere in between. It may be wise to provide the new committee some instructions on this matter.