Guest James Roberts Posted August 13, 2014 at 12:32 AM Report Share Posted August 13, 2014 at 12:32 AM In the meeting of a public body, the chair announced a five-minute recess so that one of the members could be removed (ostensibly by the local sherif) for causing a disruption (which he was not). My question, is it within the power of the chair to call a recess or does it need to be voted on first? Link to comment Share on other sites More sharing options...
Timothy Posted August 13, 2014 at 02:42 AM Report Share Posted August 13, 2014 at 02:42 AM As long as no one objects it is essentially an assumed motion adopted by unanimous consent. If anyone objects, it would require the formality of voting on the motion. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted August 13, 2014 at 09:57 AM Report Share Posted August 13, 2014 at 09:57 AM Which is to say, with fancy dancing, that no, it is not within the power of the chair. Link to comment Share on other sites More sharing options...
Timothy Posted August 13, 2014 at 11:44 AM Report Share Posted August 13, 2014 at 11:44 AM Which is to say, with fancy dancing, that no, it is not within the power of the chair. Right, but I think the original poster is more interested in knowing if the action of the chair was improper. Link to comment Share on other sites More sharing options...
Chris Harrison Posted August 13, 2014 at 12:42 PM Report Share Posted August 13, 2014 at 12:42 PM Right, but I think the original poster is more interested in knowing if the action of the chair was improper.I don't think it was improper exactly because it might have been difficult to continue to conduct business while the cops were removing the disruptive person. That being said, I think the proper tool the Chair should have used was to have the assembly stand at ease (RONR p. 82 ll. 26-33) during the removal and then go right back to taking care of business. Link to comment Share on other sites More sharing options...
Timothy Posted August 13, 2014 at 12:56 PM Report Share Posted August 13, 2014 at 12:56 PM I don't think it was improper exactly because it might have been difficult to continue to conduct business while the cops were removing the disruptive person. That being said, I think the proper tool the Chair should have used was to have the assembly stand at ease (RONR p. 82 ll. 26-33) during the removal and then go right back to taking care of business. That was my first thought as well, but they are both a form of recess. Taking a 5-minute recess does allow people the leave the room for a while without fear that the meeting will resume while they are gone. Link to comment Share on other sites More sharing options...
mikalac Posted August 13, 2014 at 01:07 PM Report Share Posted August 13, 2014 at 01:07 PM As long as no one objects it is essentially an assumed motion adopted by unanimous consent. If anyone objects, it would require the formality of voting on the motion.Then at our owner's meeting, when the chair calls a recess to conduct Board business while the tellers count the election votes, it is not necessary for me to raise a POO, declaring that the motion to recess must come from a member on the floor? I don't want to embarrass the chair needlessly. Norm Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 13, 2014 at 01:17 PM Report Share Posted August 13, 2014 at 01:17 PM Then at our owner's meeting, when the chair calls a recess to conduct Board business . . . The board can only conduct board business at a properly called meeting of the board. I'm not sure proper notice can be given in the middle of a meeting of the general membership. How, for instance, would an absent board member receive notice? Link to comment Share on other sites More sharing options...
Timothy Posted August 13, 2014 at 01:48 PM Report Share Posted August 13, 2014 at 01:48 PM Then at our owner's meeting, when the chair calls a recess to conduct Board business while the tellers count the election votes, it is not necessary for me to raise a POO, declaring that the motion to recess must come from a member on the floor? I don't want to embarrass the chair needlessly. Norm I see no reason to make an issue of the chair calling a recess while the tellers count. If the board is able to use that time to be productive, good for them. But if someone has reason to object to the recess, they should interrupt and voice their objection before people leave the room. If the chair ignores the objection, that would be the time to raise a point of order. Link to comment Share on other sites More sharing options...
mikalac Posted August 13, 2014 at 02:04 PM Report Share Posted August 13, 2014 at 02:04 PM I see no reason to make an issue of the chair calling a recess while the tellers count. If the board is able to use that time to be productive, good for them. But if someone has reason to object to the recess, they should interrupt and voice their objection before people leave the room. If the chair ignores the objection, that would be the time to raise a point of order.Good. I felt uneasy with the POO. I expect that the Board meeting will be routine. The annual meeting is a big event for the retirees, so I expect a big turnout and all the Directors will be there, I'm sure. Norm Link to comment Share on other sites More sharing options...
Guest James Roberts Posted August 13, 2014 at 03:08 PM Report Share Posted August 13, 2014 at 03:08 PM Thank you all for the above comments. The removed member and officer left quietly without incident or disruption. The question arose from the fact that the chair continues to think he can do as he pleases just because he has a gavel. While the board (a small public body) adopted RONR several years ago, the chair has refused to purchase a copy or even supply the board members with a copy of RONR In Brief. He ignores the body's by-laws, which also include the adoption clause of RONR. Frustrating. Link to comment Share on other sites More sharing options...
Chris Harrison Posted August 13, 2014 at 03:23 PM Report Share Posted August 13, 2014 at 03:23 PM It may be time for the assembly to send the Chair a message. See Official Interpretation 2006-2 and the script below regarding suspending the rules to allow someone else to preside even though the Chair is at the meeting. If all else fails you all may need to remove him from office. See FAQ #20.Suspend The Rules.pdf Link to comment Share on other sites More sharing options...
Guest James Roberts Posted August 13, 2014 at 03:28 PM Report Share Posted August 13, 2014 at 03:28 PM Chris, Thanks for the references. The situation is too lengthy and involved to describe here, but members of the public really has its work cut out for it! James Link to comment Share on other sites More sharing options...
Gary c Tesser Posted August 13, 2014 at 04:05 PM Report Share Posted August 13, 2014 at 04:05 PM ... The removed member and officer left quietly without incident or disruption. Why is that, since the "officer" was only an ostensible sheriff [sic?], and the member, indeed, was not being disruptive? ... The question arose from the fact that the chair continues to think he can do as he pleases just because he has a gavel.... Do you think his gavel is bigger than your Point of Order, and your Appeal? ... the chair has refused to purchase a copy or even supply the board members with a copy of RONR In Brief. ... Mr Roberts, whyever might you think this is at all up to the chair, unless you think he needs his own personal copies, which generally is a good idea but I think, in this instance, is pointless, since he would be unlikely to open either of them? Just you, or one of your allies (to deflect attention from your eminence-grise strategizing), make a motion that you buy X number of copies of RONR, or break them in gently with RONR - IB, for the board members. (They give them to their successors when their terms are over) Or some of you lay out the $7 to buy your own copies. Sometimes the optimal response to obstructionism is circumvention, ... Of course nothing beats a punch up the conk. But this is a public body, and you are a gentleman, so please forbear.* And if you'll forgive the implicit possible effrontery, you do have copies yourself, yes?____________ *But you might want to hunt up an application to the Two Fisted Parliamentarians Club. We're looking for some young vigorous hairy-chested brutish macho thug types. But you can try anyway. Since those guys strolling up the block always opt for the hairy brutish motorcycle gang HQ across the street anyway. ... He ignores the body's by-laws, which also include the adoption clause of RONR....Frustrating. Do you think his ignorance* is bigger than your Point of Order, and your Appeal?__________*O Great Steaming Cobnuts, a pun. My mortification exceeds my stuplendence. ... O, probably not. Stuplendence transpires ontogeny, as Chris H used to say. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.