Josh Martin

Then it can't. The board only has the authority provided in the Bylaws. (RONR, 10th ed., pg. 465, lines 26-30) Well, I suppose it will suffice if they agree. I have no idea why they would agree to accept the decision of a board exceeding its authority, but that's their choice. But if they don't agree it looks like you'll have to go to the general membership one way or another - either to ask them to discipline the board members or to amend the Bylaws.

Details regarding "public comment" are entirely up to the rules and customs of the assembly. (RONR, 10th ed., pg. 94, lines 4-9)

That is not quite correct. It is true that the Previous Question is not allowed at all in committees (RONR, 10th ed., pg. 483, lines 19-22), however, RONR only says that it generally should not be allowed in small boards. (RONR, 10th ed., pg. 470, lines 28-30) Provisions in the Bylaws would have to be worded in such a way as to create a right for an individual member (RONR, 10th ed., pg. 255, lines 13-15), since otherwise it would be in the nature of a rule of order and suspendable by a 2/3 vote. (RONR, 10th ed., pg. 17, lines 22-27) But yes, the Bylaws certainly could contain provisions that would limit or even eliminate the assembly's ability to use the Previous Question. There are no suggestions from the original poster that the organization's Bylaws contain such a provision. Because many assemblies are of such a size and/or debate so many topics at a given meeting that there simply is not enough time to allow every member to speak once for up to ten minutes on every question. Perhaps your proposal would be reasonable for a small club, but it would cause a large convention to grind to a halt. RONR is designed for assemblies of all sizes. I assure you from personal experience that it is entirely possible for discussion to become repetitive and/or go on too long before every member has had a chance to speak. Because unanimous consent is often an effective method of expediting business (RONR, 10th ed., pg. 51, lines 23-26), and the members are often agreeable to letting someone else speak if they wish to. But not always, thus the method for a 2/3 vote. And under the rules in RONR, every assembly is free to do so on a case-by-case basis. Each member, by his vote, determines whether he believes the Previous Question is fair in a particular instance. Assemblies are also free to adopt special rules of order or Bylaws to modify the rules for the previous question. I imagine that your experience must be limited to small, peacable assemblies to make such a bold suggestion. Possibly. But that is beyond the scope of this forum.

Paul, I assume you are referring to RONR, 10th ed., pg. 255, lines 25-28: "the rules may not be suspended so as to deny any particular member the right to attend meetings, make motions, speak in debate, and vote, which are basic rights that may be curtailed only through disciplinary proceedings." Therefore, the assembly cannot make a motion "That Mr. X may not speak for the rest of the meeting." However, the lines immediately preceding that citation read "while generally applicable limits on debate and the making of motions may be imposed by motions such as the Previous Question" (RONR, 10th ed., pg. 255, lines 22-24). Thus, it is in order to cut off debate for all members, rather than singling out an individual. Since the rule is generally applicable, it is a rule protecting a minority, not a rule protecting an individual member. There is a balance that must be struck between the rights of the minority and the rights of the majority, and therefore, "Only two thirds or more of those present and voting may deny a minority or any member the right of such discussion." (RONR, 10th ed., pg. xlvii) This general rule also applies to the Previous Question. (RONR, 10th ed., pg. 192, line 24) Since this is a rule that protects a minority, not a rule protecting an individual member, it is suspendable by a 2/3 vote or by unanimous consent. While the chair was incorrect in failing to call for a vote, this does not meet any of the conditions on RONR, 10th ed., pg. 244, lines 10-23. Thus, the general rule applies - that the Point of Order must be made at the time the breach occurs. (RONR, 10th ed., pg. 243, lines 19-20)