question about procedure

[Guest peter]

A complaint was filed and a hearing was held on whether there was probable cause to proceed. Argument was made and then debate was closed. The chair asked the commissioners if anyone had a motion--presumably, whether there was a motion to proceed with a full hearing ( probable cause) or a motion not to proceed to a full hearing. No commissioner spoke. The chair asked the executive director for guidance, and was told there had to be a motion. Again, no commissioner spoke, and that happened a third time. Eventually it was resolved by a commissioner asking for more information, and the matter was deferred. My question is: what is suppossed to happen when the debate is concluded and there is no motion. Must there be one, or does the complaint die for lack of a motion?

Thank you

[Richard Brown]

 My question is: what is suppossed to happen when the debate is concluded and there is no motion. Must there be one, or does the complaint die for lack of a motion?

 

 

We haven't been given enough information to really know what is going on, but, based on the limited information provided, I would say that if there is no motion to do anything, then nothing is done.   Is this some kind of disciplinary proceeding?

 

I'm also concerned that this might be some sort of public body that is subject to state and/or local laws governing procedure.

 

Edited to add:  RONR 11th edition at page 27 on lines 11 - 17 says:  "Means by which Business is Brought Before the Assembly:  Motions:  Business is brought before an assembly by the motion of a member.  A motion may itself bring its subject to the assembly's attention, or the motion may follow upon the presentation of a report or other communication.

 

It seems to me that the latter clause might be the situation here.

[Kim Goldsworthy]

My question is: what is suppossed to happen when the debate is concluded and there is no motion. Must there be one, or does the complaint die for lack of a motion?

 

"Complaints" is not a term taken from Robert's Rules of Order.

"Probably cause" is not a term taken from Robet's Rules of Order.

Therefore, I suspect your question is not a question about compliance with Robert's Rules, but compliance with your own customized rules (constitution; bylaws; etc.)

 

Under strict Robert's Rules, the issue is over.

It appears that a certain party submitted a "report" or "request".

Normally, a board is not obligated to act on a report or a request (the exception being committee reports which hold action items ready for adoption).

 

To answer your question:

Nothing dies. -- A report (or complaint?) is just "filed", per Robert's Rules.

And, there need not be a motion following a report/request.

 

Under Robert's Rules, a board is free to hear X, and then do nothing about X, thus letting the issue go away.

You cannot compel a motion, externally, just due to an incoming report from a third party ( a non-member of the board).