Station Managers at LSB Meetings
On pacificaparl@xxxxxxxxxxxxxxx, I asked what were the powers of station
managers as ex-officio delegates at LSB meetings. We already know, of course,
that they cannot vote. Can they make, advocate, oppose and and follow up on
motions, debate, make points of order, etc.?
My short answer is yes.
The relevant language in the bylaws is in Article Seven, Section 2,
where it says "The station's General Manager shall serve as a
non-voting member of the station's LSB."
I interpret this to mean that the GM has all the rights and privileges
of a member of the LSB except the right to vote. I arrive at this
conclusion through application of section 6 of the Principles of
Interpretation that begin on page 570 of the parliamentary authority:
"A prohibition or limitation prohibits everything greater than what is
prohibited, or that goes beyond the limitation; but it permits what is
less than the limitation, and also permits things of the same class
that are not mentioned in the prohibition or limitation and that are
evidently not improper." [RRONR (10th ed.) p. 572, l. 9-14]
>Are there any limitations on this?
Again, despite the apparent contradiction, my short answer is yes.
As indicated by the cite, the GM is not permitted to exercise the
rights or privileges of a member in a manner that is evidently
improper. General Managers are denied the right to vote because of
the conflict of interest in most governance business that their
position creates. Accordingly, they should recuse themselves from
discussion as well as voting on certain matters. As an example, I
think that a GM should not participate in discussion of the
composition of a General Manager Review Committee, since it would be
evidently improper for them to serve on that committee. I do,
however, think it proper to allow a GM to respond to the findings and
recommendations of such a committee.
Consistent with the parliamentary rule cited, the GM is prohibited
everything greater than the right to vote. I don't know what this
could be, since the right to vote seems to me superior to all other
rights and privileges, but the rule allows the argument to be made
that something else is thereby denied.
The General Manager is not a Delegate and should not participate in
the discussion of matters reserved by the bylaws to delegates (setting
aside the separate argument that such discussions are generally out of
order at LSB meetings). The GM cannot serve as LSB Chair or
Vice-Chair or Director (by local vote), as these offices are
specifically reserved in the bylaws to Delegates. In my opinion, it
would be evidently improper for a GM to serve as LSB Treasurer and to
serve on certain LSB committees with delegated responsibilities in the
area of management oversight.
Because the GM is not a Delegate, he or she is not subject to term
limitations or removal from office for consecutive absences from LSB
meetings.
Although the GM is in charge of the station, the LSB Chair is the
presiding officer at LSB meetings. If a General Manager is
excessively exercizing points of personal privilege at meetings to
jump the discussion stack and immediately refute every criticisms of
management that occurs, the Chair should rule the points dilatory so
as to moderate this usage, while still recognizing the GM to respond
when criticism of management arises that is especially grievous or
that clearly violates the rules of decorum. If the LSB wishes to
surrender effective control of their meetings to the GM, they are free
to appeal and overrule the Chair's exercise of discretion in such
instances.
--Terry Goodman
Attorney Gregory Wonderwheel's answer was simply,
" I agree, Well said."
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