Ex officio member
An ex officio member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term ex officio is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic.
According to Robert's Rules of Order, the term denotes only how one becomes a member of a body.[1] Accordingly, the rights of an ex officio member are exactly the same as other members unless otherwise stated in regulations or bylaws.[2] In some groups, ex officio members may frequently abstain from voting.
Opposite notions are dual mandate, when the same person happens to hold two offices (or more), although these offices are not in themselves associated; and personal union, when two states share the same monarch.
For profit and nonprofit use
Any ex officio membership (for example, of committees, or of the board) is as defined by the nonprofit association's bylaws or other documents of authority. For example, the bylaws quite often provide that the organization's president will be ex officio a member of all committees, except the nominating committee.
Governmental examples
Brazil
In the Empire of Brazil, some princes became members by right of the Imperial Senate once they turn 25.
China
According to the Constitution of the Communist Party of China, the General Secretary of the Central Committee must be a member of Politburo Standing Committee.[3]
Hong Kong
As of 2007, the Executive Council of Hong Kong is still composed of ex officio members (official members since 1997) and unofficial members (non-official members since 1997). By practice the ex officio members include the secretaries of departments, i.e. the Chief Secretary, the Financial Secretary and the Secretary for Justice. Since 2002 all secretaries of bureaux are also appointed by the Chief Executive to be official members of the Executive Council. But since 2005 the secretaries of bureaux attend only when items on the agenda concern their portfolios.
Andorra
The President of the French Republic and the Catholic Bishop of Urgell are by virtue of office (ex officio) appointed Co-Princes of Andorra.
India
The Vice-President of India is ex officio Chairman of Rajya Sabha, the Upper House of the Indian Parliament.[4]
The Prime Minister of India is ex officio Chairman of NITI Aayog. Other ex officio members of NITI Aayog are the Minister of Home Affairs, Minister of Finance, Minister of Railways and the Minister of Agriculture & Farmers Welfare.[5]
Philippines
In provincial boards, the provincial presidents of the League of Barangays (villages), Sangguniang Kabataan (youth councils) and of the Philippine Councilors League sit as ex officio board members. In city and municipal councils, the city and municipal presidents of the League of Barangays and the youth councils sit as ex officio councilors. The deputies of local chief executives (vice governors and vice mayors) are ex officio presiding officers of their respective legislatures, but can only vote when there is a tie.
In Congress, the presiding officers and their deputies, and the majority and minority leaders are ex officio members of all committees. The chairman on each chamber's committee on rules is the majority leader. The Senate President is the ex officio chairman of Commission on Appointments. In the Judicial and Bar Council, several positions are due to occupying another office.
United Kingdom
In the House of Lords, the bishops of the five Great Sees of Canterbury, York, London, Durham and Winchester, and the 21 next most senior bishops of the Church of England, are ex officio members, and are entitled to vote just as any other member.
Scotland
The Lord President of the Court of Session is by virtue of office appointed as Lord Justice General of Scotland. As such, he is both head of the judiciary of Scotland, president of the Court of Session (the most senior civil court in Scotland), and president of the High Court of Justiciary (the most senior criminal court in Scotland).
Federal government
The United States Vice President, who also serves as President of the Senate, may vote in the Senate on matters decided by a majority vote (as opposed to a three-fifths vote or two-thirds vote), if the votes for passage and rejection are equally divided.[6] Also the leader of the parties in both houses are ex officio members of the House and Senate intelligence committees. Many committee chairs in the House of Representatives are ex officio members of subcommittees.
Colorado
In most Colorado counties, the county sheriff is elected by the citizens of the county. However, in the City and County of Denver, the mayor of Denver appoints a "Manager of Safety" who oversees the Department of Safety (including the Fire, Police, and Sheriff Departments) and is the ex officio sheriff of the jurisdiction. Similarly, in the City and County of Broomfield, Colorado, near Denver, the police chief (an appointed position) also acts ex officio as the county sheriff.[7]
New York City
The Speaker of the New York City Council, and its Majority and Minority Leaders, are all ex officio members of each of its committees. Furthermore, each member of the Council is a non-voting ex officio member of each community board whose boundaries include any of the council member's constituents.[8]
References
- Robert, Henry M. (2011). Robert's Rules of Order Newly Revised, 11th ed., p. 483–484 (RONR)
- "Frequently Asked Questions about RONR (Question 2)". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Archived from the original on 2004-11-12.
- Chapter III Central Organizations of the Party Article 22
- "Rajya Sabha – An Introduction". Rajya Sabha Secretariat.
- "Constitution, NITI Aayog". NITI Aayog.
- "The 1st Article of the U.S. Constitution". National Constitution Center. Retrieved 2019-04-03.
- https://www.broomfield.org/police
- "Chapter 70—CITY GOVERNMENT IN THE COMMUNITY—NYC Laws 0.0.1 documentation". nyclaws.readthedocs.io. Retrieved 2020-01-21.