How to proceed when the quorum is lost?

[Guest Guest - Angel]

How should the members of a council proceed with their agenda in this case?

 

A full board consists of 6 members and a chairman. A meeting was called to order with 5 members present, consituting a quorum. During the meeting 1 member left. However, the remaining 4 members still constituted a quorum to proceed. Later, action was taken to have a 15 minute break. When we were ready to reconvene, the Chairman stated that we no longer had a quorum as another member had left the meeting. At this point, can the Chairman make the decision to reconvene the following day at a set time and continue with the same agenda? Or what is the correct process for the Chairman or Council to follow?

[Rev Ed]

At this point, can the Chairman make the decision to reconvene the following day at a set time and continue with the same agenda? Or what is the correct process for the Chairman or Council to follow?

 

The Chairman cannot unilaterally decide this.  However, the Chairman can ask for unanimous consent to do so - something like this: "As we have lost quorum, if there is no objection this meeting will adjourn until tomorrow at ___. (pause)  As there is no objection, the meeting is adjourned."

 

 

[David A Foulkes]

And if there were objection, a vote could set the date/time/place of the (what is called in RONR land) adjourned meeting.  The proper motion, Fix the Time to Which to Adjourn (p. 242, RONR 11th), is undebatable but is amendable (to date/time/place) and requires a majority vote to adopt.

[Dan Honemann]

The Chairman cannot unilaterally decide this.  However, the Chairman can ask for unanimous consent to do so - something like this: "As we have lost quorum, if there is no objection this meeting will adjourn until tomorrow at ___. (pause)  As there is no objection, the meeting is adjourned."

 

 

As noted, the Chairman has no right to make such a decision on his own volition, but the members present may do so by the adoption of a motion to Fix the Time to Which to Adjourn (see Sec. 22 in RONR, 11th ed., for details) before adjourning the meeting.

 

Seeking unanimous consent in such a situation is appropriate only if the assembly is accustomed to this sort of thing happening.

[David A Foulkes]

Seeking unanimous consent in such a situation is appropriate only if the assembly is accustomed to this sort of thing happening.

 

But would it in some way violate the rules (in RONR) or invalidate the decision of the assembly (all three of them) by doing so?

[Dan Honemann]

But would it in some way violate the rules (in RONR) or invalidate the decision of the assembly (all three of them) by doing so?

 

No, I doubt that a chairman's improper use of unanimous consent will invalidate the action thus taken, presuming that members are fairly given a right to object.  However, seeking unanimous consent is appropriate only when dealing with routine business or on questions of little importance. It is not appropriate for use in the situation described in post #1 unless it has become a routine matter.

[David A Foulkes]

Yes, this I understand.  Thanks.  I gather that, in the specific situation of Guest_Angel, p. 56 ll. 15-18 also apply, thus requiring a motion and vote?  (It helps to actually read the book once in a while. )

[Dan Honemann]

Yes, this I understand.  Thanks.  I gather that, in the specific situation of Guest_Angel, p. 56 ll. 15-18 also apply, thus requiring a motion and vote?  (It helps to actually read the book once in a while. )

 

Well, no, the sentence to which you refer may be a bit misleading in this respect. It is not meant to imply that no actions of any kind may be taken by unanimous consent in the absence of a quorum.

 

Speaking of being misleading, I was clearly guilty of being rather misleading when I made reference to the privileged motion to Fix the Time to Which to Adjourn in post #4. Generally speaking, in the usual case an assembly fixes the time to which to adjourn by considering and adopting a main motion to do so. Such motions, of course, are debatable and amendable.

 

So getting back to your question, the example of an action which may be handled by unanimous consent provided on page 55, lines 23ff, is valid, regardless of whether or not a quorum is present at the time, if the debate is on a main motion to fix the time to which to adjourn (or any other motion which may be considered in the absence of a quorum).