The President instructed the secretary to lend the minute books to a committee chairman who needed information from the minutes. Must the secretary comply?
Opinion: The secretary need not lend the minute books on the basis of the president’s instruction. Care of the minute books is the exclusive responsibility of the secretary. Unless stated otherwise in the society’s rules, no officer can instruct another officer. RONR, page 440, states that “…the president has duties as an administrative or executive officer; but these are outside the scope of parliamentary law, and the president has such authority only insofar as the bylaws provide it.” While, in doubtful cases, the president can be consulted by the secretary before the books are turned over to a committee chairman (see RONR, page 444), it does not follow that the president can instruct the secretary to turn over the records.
The secretary does have an obligation to make the minutes of the society available to a committee chairman, or to any member for examination in keeping with applicable law (see RONR, page 444). The time and place should be at the convenience of the secretary and with due consideration for the safekeeping of the records. Providing photocopies of the pages in question will usually resolve the problem.
The above opinion is from the Parliamentary Opinions (American Institute of Parliamentarians) by Virginia Schlotzhauer, William J. Evans and John R. Stipp.
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75. Unconventional second - December 2009
74. Referral of unfinished business before adjournment - November 2009
73. Unintelligible and dilatory ballots - October 2009
72. Minutes: change after publication but before approval - September 2009
71. Seconding in a board - August 2009
70. Membership status - July 2009
69. Election by plurality - June 2009
68. Order of business: committee recommendarions - May 2009
67. Bylaws: when in effect? - April 2009
66. The secretary and the minutes - March 2009
65. Approval of Minutes Postponed - February 2009
64. Correcting Approved Minutes - January 2009
63. Appeal after parliamentary inquiry - December 2008
62. Withdrawal: motion not pending - November 2008
61. Question of privilege: abuse - October 2008
60. Question of privilege: procedure - September 2008
59. Recess: length of recess - August 2008
58. Interruption of vote by motion to lay on the table - July 2008
57. Call for the orders of the day - June 2008
56. Privileged motions: why so called - May 2008
55. Renewal of withdrawn motion - April 2008
54. Committee chairman's participation - March 2008
53. Election by plurality - February 2008
52. Postpone indefinitely: purpose - January 2008
51. Rescind and expunge - December 2007
50. Minutes: demand to record member's vote - November 2007
49. Past president/immediate past president - October 2007
48. When can a division be called? - September 2007
47. Tie vote - August 2007
46. Vacancy: appointment of replacement - July 2007
45. Secretary cast ballot - June 2007
44. Gender-neutral bylaws - May 2007
43. Withdrawal: consent of seconder - April 2007
42. Censure - March 2007
41. Removal of committee member - February 2007
40. When president is candidate - January 2007
39. Bylaw interpretation: meeting scheduled on holiday - December 2006
38. Parliamentarian taking initiative in advising chair - November 2006
37. Informal discussion without motion - October 2006
36. Common errors in minutes - September 2006
35. Delaying time of adjournment - August 2006
34. Point of information: abuse - July 2006
33. Credentials list of delegates - June 2006
32. Instruction of delegates - May 2006
31. Nominee for two offices - April 2006
30. Disposition of ballots - March 2006
29. Renewal of main motion - February 2006
28. Counting president in committee quorum - January 2006
27. Minutes of executive session - December 2005
26. Selection of the parliamentarian - November 2005
25. Lay on the table: prevention of abuse - October 2005
24. Which candidate should be dropped? - September 2005
23. Abstentions: calling for - August 2005
22. Take from the table - July 2005
21. Co-chairman - June 2005
20. Withdrawal: Approval of Maker - May 2005
19. Suspend the rules; protection of member's rights - April 2005
18. Point of order vs call to order - March 2005
17. President as ex-officio member of committees - February 2005
16. Resignation of newly elected president - January 2005
15. Vice president runs for president - December 2004
14. Nominating chairman conducting election - November 2004
13. Past President - October 2004
12. Secretary Pro Tem - September 2004
11. Straw Vote - August 2004
10. Not in order vs. out of order - July 2004
9. Appeal after Parliamentary Inquiry - June 2004
8. Election by acclamation - May 2004
7. Request for recount - April 2004
6. Withdrawn motion included in minutes - March 2004
5. Reconsideration of tie vote - February 2004
4. Executive Session: Who remains? - January 2004
3. Lay on the table vs postpone - December 2003
2. Friendly Amendment - November 2003
1. Motion vs. Resolution - October 2003