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Ex officio refers to a position held due to someone’s office, such as a committee chairman automatically becoming a subcommittee member. These members are not elected or appointed, but rather included due to their position. There are no special privileges, but their activities may be restricted by statute. Clear rules are established to avoid abuse of power and bylaws may be amended as needed.
The Latin phrase “ex officio,” which is usually translated as “because of someone’s office,” refers to a position that someone holds because of their office. A classic example of a situation where this term might be used is to describe ex officio subcommittee members. It is common for the chairman of a committee to be automatically included among the members of all subcommittees, making the chairman an ex officio member.
To be designated as an ex officio member of a group, someone doesn’t have to do anything. These members are not elected or appointed, but are simply automatically included in the group due to the positions they hold. The concept of having members of a group who are included by nature of their office dates back to Roman times, as does the term itself.
The position that confers official rights on someone may be one to which that person is elected or appointed. For example, in some areas of the world, the sheriff serves as the coroner, and sheriffs may be appointed or elected, depending on the law. Generally individuals must demonstrate competence for the position they hold to obtain it, and therefore these members have a basic level of experience, skills and abilities that they can apply to the positions they fill by virtue of their offices.
There are no special rights or privileges for ex officio members as a general rule and their activities are not restricted. However, it is possible that the activities in which these members engage may be restricted by statute. For example, the bylaws may provide that such members have no voting rights, which means they can attend meetings but cannot vote on items put to a vote.
In structuring statutes, people can define the situations in which people receive office status, and they can also clearly establish the boundaries of people who get positions by reason of the positions they hold. The aim is to avoid a situation where a person abuses his or her vested powers because of an office, and to establish clear rules of order for the organization so that there is no confusion in case of disputes in the future. Bylaws may also be amended as circumstances change to meet the needs of a group that may evolve over time.
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