Quorum

[Guest Melissa]

Where in Robert's Rules can I find the part that says if a certain number of board members are together outside of a meeting it is a quorum...or the rules that govern this type of situation?

[Kim Goldsworthy]

"Where"?

Nowhere. -- There is no such prohibition in Robert's Rules of Order Newly Revised [RONR].

[Joshua Katz]

It is probably something in a Sunshine Law.

[Tom Coronite]

Perhaps I am misunderstanding something in the OP and/or responses. But what's alluded to doesn't sound like a prohibition or something that would be in an open meting law.

I understand the OP describing a situation where a bunch of board members happen to find themselves at the same restaurant, decide they have enough members to equal a quorum, so they declare it a meeting and start conducting business. Of course, nothing of the sort will be found in RONR. All meetings must be properly called with all members notified/afforded the opportunity to attend. 

Again, forgive me if I'm restating the obvious, but the word "prohibition" and the suggestion it would be found in a Sunshine provision lead me to think there's some disconnect between posts.

 

[Joshua Katz]

I was thinking it was the opposite - that if a bunch of board members happen to find themselves at the same restaurant table, some outside force says "hey, that's a quorum, and a quorum of you can't be at a restaurant like that!"  

If the question is as 1stChurch describes, I entirely agree.

[Kim Goldsworthy]

That is what I read into the original question.

***

A board of 10 adjourns the meeting.

Later, 6 of the 10 board members arrive at the same restaurant, at the same moment.

They look at each other, count "more than half of the total membership" of the board, and scream, "Yikes! We cannot eat together! We have a quorum's worth of board membership gathered in one room!"

And they run from the restaurant, in all directions, screaming and crying, because a quorum's worth of members had gathered by chance.

***

[Gary Novosielski]

2 hours ago, Kim Goldsworthy said:

That is what I read into the original question.

***

A board of 10 adjourns the meeting.

Later, 6 of the 10 board members arrive at the same restaurant, at the same moment.

They look at each other, count "more than half of the total membership" of the board, and scream, "Yikes! We cannot eat together! We have a quorum's worth of board membership gathered in one room!"

And they run from the restaurant, in all directions, screaming and crying, because a quorum's worth of members had gathered by chance.

***

Yes, believe it or not, that's actually a plausible scenario, under the Sunshine Laws of at least one state. 

A quorum of members may not meet, except at a properly called (and advertised) meeting.   Exceptions exist for things like state association meetings where members of many boards are present.

[Richard Brown]

4 hours ago, 1stChurch said:

Perhaps I am misunderstanding something in the OP and/or responses. But what's alluded to doesn't sound like a prohibition or something that would be in an open meting law.

1st Church, that is exactly the type thing that would be found in some open meetings laws.  They vary from state to state, but the ones I am familiar with don't prohibit social gatherings of a quorum or more, they prohibit a quorum of the body's members from discussing the body's business unless in a properly noticed meeting.  They don't prohibit chance encounters or social gatherings of a quorum.  At least the ones I am familiar with don't prohibit social gatherings and chance encounters.  I have heard that some might be more strict, but I bet there isn't that much difference.  

Guest Melissa, you should  check the laws in your state if you are concerned about the open meetings (sunshine) law.  However, unless your organization is a public body or, in some states, an organization such as a homeowner's association that is specifically covered by the law, it probably doesn't apply to you.  They cover primarily governmental bodies such as city councils, school  boards, etc.  I've been told that in California, the sunshine laws apply to some homeowner or condo associations.  I'm glad I don't live there. 

[Tom Coronite]

Richard Brown, that's what I'm saying. I think it's likely the OP is contemplating a scenario where  a quorum of the body's members are discussing the body's business, but outside a properly noticed meeting. I agree such a scenario would be prohibited by (many states') sunshine laws. Your first paragraph is exactly what I'm saying. What I'd doubt is in the sunshine laws is a prohibition on individuals who happen to serve on the same board meeting at the same restaurant outside a meeting, or as you you describe it, a social gathering or chance encounter.

the reason for my post was the two answers to the op indicated there was NO such prohibition in RONR, but they are interpreting the op differently than I did.