A mayor who has the podium...

[Guest Keith_Guest]

My question is our mayor as the presiding officer believes that he has the right to not only enter into the discussion but to say whatever whenever he likes. I have read where if a presiding officer wishes to participate in the discussion he must step down from the chair. What would be the correct procedure to call the mayor "Out of Order"?

[Guest Edgar]

I have read where if a presiding officer wishes to participate in the discussion he must step down from the chair.

That rule does not apply at meetings where not more than about a dozen members are present. Does this body (a city council?) fit that description? If not, see FAQ #1 and be prepared to raise a Point of Order.

[Trina]

My question is our mayor as the presiding officer believes that he has the right to not only enter into the discussion but to say whatever whenever he likes. I have read where if a presiding officer wishes to participate in the discussion he must step down from the chair. What would be the correct procedure to call the mayor "Out of Order"?

This, of course, is not appropriate even in a small assembly.

You may want to read RONR (11th ed.) p. 650 ff. -- the section on Remedies for Abuse of Authority by the Chair in a Meeting.

[Josh Martin]

That rule does not apply at meetings where not more than about a dozen members are present. Does this body (a city council?) fit that description? If not, see FAQ #1 and be prepared to raise a Point of Order.

This, of course, is not appropriate even in a small assembly.

You may want to read RONR (11th ed.) p. 650 ff. -- the section on Remedies for Abuse of Authority by the Chair in a Meeting.

Technically, the rules of RONR, 11th ed., pgs. 487-489 only apply to committees and small boards by default. A small assembly may choose to use these rules if it wishes, but it is not required to do so. (RONR, 11th ed., pg. 16, lines 12-16) In any event, I certainly agree that it is not correct that the mayor may "say whatever he likes."

Of course, city councils frequently have their own rules and laws which regulate their procedures, so the original poster should look into that as well.

[Guest Keith]

The council is made up of 6 councilmen and the mayor so the rule for the chair stepping down to participate may not be applicable. I did try last night to call a point of order when he began reading prepared comments that were completely off topic, however I was completely ignored. Our chief of police tried to get him to stop but he kept reading until he was fininshed. I am the Pro Tem and am struggling to find guidance for this type of situation, ie. Do I grab the gavel and demand order and take control of the meeting, and get the police to escort the mayor out?

We have been developing policies over the past months to establish governance rules and conduct policies in an effort to gain some sense of control and order, which the mayor has voted against every one and does not recognize them as acceptable policies.

How do you enforce rules if they won't accept that there are rules?

[Josh Martin]

I am the Pro Tem and am struggling to find guidance for this type of situation, ie. Do I grab the gavel and demand order and take control of the meeting, and get the police to escort the mayor out?

First off, you should not attempt to grab the gavel from the chair. The gavel is not essential for the following parliamentary steps and attempting to snatch it from the chair seems likely to lead to trouble.

In the extreme case, when a member is disorderly, the assembly may order him to be removed from the hall. If it comes to this, it is advisable that the police do the escorting. Also, in the extreme case, when the chair ignores a Point of Order, the member may put the question on the point himself. Both of these actions should be viewed as last resorts. See RONR, 11th ed., pgs. 643-649; 650-653 for more information on handling disorderly members and abuse by the chair, respectively.

Since this is a public body and it is highly likely that there are applicable rules or laws pertaining to the assembly, it would be highly advisable to consult an attorney first.