Grounds for appeal/ overturning a moderator's ruling

[Guest Barry Gray]

I am wondering if there are any specific grounds for appealing and overturning a moderator's ruling of something being out of order. I have recently experienced a moderator's ruling being overturned when his grounds for declaring the motion out of order were based on out constitution. I'm certain that the political will of the assembled body cannot trump the constitutional requirements, but I am not sure how to deal with this on RONR specific grounds

[David A Foulkes]

I am wondering if there are any specific grounds for appealing and overturning a moderator's ruling of something being out of order. I have recently experienced a moderator's ruling being overturned when his grounds for declaring the motion out of order were based on out constitution. I'm certain that the political will of the assembled body cannot trump the constitutional requirements, but I am not sure how to deal with this on RONR specific grounds

Well, you don't have to have specific grounds but there are a couple restrictions on Appeals. In particular, "when the chair rules on a question about which there cannot possibly be two reasonable opinions, an appeal would be dilatory and is not allowed". (RONR 11th Ed. p. 256 ll. 34-36) So, if there is some action (a motion being made, for instance) that is in clear violation of the constitution and the chair rules the motion out of order, I'd say an appeal would be dilatory since it would not likely be reasonable to see it any other way. Some specifics about your situation might get you a different answer.

[Sean Hunt]

It's also worth noting that a motion outside the goals of the organization as defined by the constitution (and not one that contradicts a rule in the constitution) can be considered by two-thirds vote.

[J. J.]

Boy, does this sound familiar.

[Gary Novosielski]

I'm certain that the political will of the assembled body cannot trump the constitutional requirements, but I am not sure how to deal with this on RONR specific grounds

That's true, but of course the politial will of the assembled body, if sufficiently strong, can change the constitution.

[Trina]

I am wondering if there are any specific grounds for appealing and overturning a moderator's ruling of something being out of order. I have recently experienced a moderator's ruling being overturned when his grounds for declaring the motion out of order were based on out constitution. I'm certain that the political will of the assembled body cannot trump the constitutional requirements, but I am not sure how to deal with this on RONR specific grounds

That's true; however, internal to the organization, there is no enforcing authority other than the members themselves. If the majority chooses to flout the constitution, you're out of luck until the majority decides to do better.

[J. J.]

That's true; however, internal to the organization, there is no enforcing authority other than the members themselves. If the majority chooses to flout the constitution, you're out of luck until the majority decides to do better.

You are out of luck internally to the organization. The issue could be subject to litigation.