Use of Unanimous Consent

[Rockp2]

I am seeking guidance to determine if actions I took as the Chair were correct or not.  First we are a small Board under 12 Members.  Though our governing documents do not require it, we chose a couple years ago to hold Board Meetings where the members at large could be in attendance as an audience to see the Board work.  At the end of our regular business/agenda we hold an open forum to hear anything a member may want to bring up.

 

A motion was put forth, received a proper second and we were into the discussion phase.  We could see and hear agitation from the membership concerning the motion.  At this time I could see the Board Members were a little uncomfortable moving forward with a vote.  I felt that it would be best to hear from the audience before we moved the motion along any further, since after all we work for the best interest of the Membership.  I asked, "If there are no objections, we will table this motion until after we hear from the audience Members during the Open Forum."  I looked at every Board Member and they indicated they agreed.  Though, by RONR (my understanding) I would only need to pause to see if there was any objection.

 

At this point I announced the motion would be tabled until after we heard from the audience during open forum.  An audience Member then yelled out that I could not do that.  That I needed to have a motion made to table, etc.  Yes, I announce that the audience is not permitted to speak during the Board Meeting.

 

For the benefit of the audience (and that Member), I explained that we can use Unanimous Consent to move business along and then I did it again so everyone could clearly see each Board Member give their concurrence as I looked at them.

 

So, the question is was I wrong using UC the way I did?

[George Mervosh]

I am seeking guidance to determine if actions I took as the Chair were correct or not.  First we are a small Board under 12 Members.  Though our governing documents do not require it, we chose a couple years ago to hold Board Meetings where the members at large could be in attendance as an audience to see the Board work.  At the end of our regular business/agenda we hold an open forum to hear anything a member may want to bring up.

 

A motion was put forth, received a proper second and we were into the discussion phase.  We could see and hear agitation from the membership concerning the motion.  At this time I could see the Board Members were a little uncomfortable moving forward with a vote.  I felt that it would be best to hear from the audience before we moved the motion along any further, since after all we work for the best interest of the Membership.  I asked, "If there are no objections, we will table this motion until after we hear from the audience Members during the Open Forum."  I looked at every Board Member and they indicated they agreed.  Though, by RONR (my understanding) I would only need to pause to see if there was any objection.

 

At this point I announced the motion would be tabled until after we heard from the audience during open forum.  An audience Member then yelled out that I could not do that.  That I needed to have a motion made to table, etc.  Yes, I announce that the audience is not permitted to speak during the Board Meeting.

 

For the benefit of the audience (and that Member), I explained that we can use Unanimous Consent to move business along and then I did it again so everyone could clearly see each Board Member give their concurrence as I looked at them.

 

So, the question is was I wrong using UC the way I did?

 

No. 

[Josh Martin]

I asked, "If there are no objections, we will table this motion until after we hear from the audience Members during the Open Forum."  I looked at every Board Member and they indicated they agreed.  Though, by RONR (my understanding) I would only need to pause to see if there was any objection.

 

...

 

So, the question is was I wrong using UC the way I did?

No. Technically, you should have said "postpone" rather than "table," but the use of unanimous consent was perfectly appropriate and was used correctly.

[DrEntropy]

Unanimous consent can be used for almost anything.... (See RONR page 54-56).   Perhaps you should have said "postpone until after.." since the motion "lay on the table" should not be qualified (see FAQ, question 12). But it is not a big deal (see my signature), especially when you have unanimous consent

[Rockp2]

No. Technically, you should have said "postpone" rather than "table," but the use of unanimous consent was perfectly appropriate and was used correctly.

Thank you.  I have to hit the book again because I thought if the motion would be continued later in a meeting that "table" is correct.  "Postpone" if we continue in a later date meeting as Unfinished Business.  But I definitely defer to your expertise.

[George Mervosh]

Thank you.  I have to hit the book again because I thought if the motion would be continued later in a meeting that "table" is correct.  "Postpone" if we continue in a later date meeting as Unfinished Business.  But I definitely defer to your expertise.

 

You can use either motion, but postpone would have been better.  You did defer to something more urgent (the membership's input) but it's certainly not a blatant misuse of the motion, so you're fine.  It looks like I agree with Josh and the good Dr.  Entropy.......good company to be sure. 

[Josh Martin]

Thank you. I have to hit the book again because I thought if the motion would be continued later in a meeting that "table" is correct. "Postpone" if we continue in a later date meeting as Unfinished Business. But I definitely defer to your expertise.

How long the item is deferred for is not the issue. Lay on the Table is used to set a motion aside temporarily for an indeterminate amount of time in order to take up some urgent business. If adopted, the motion is not taken up again until a motion to Take from the Table is adopted. This must be done at the same meeting or at the next meeting (if within a quarterly interval) or the motion dies.

Postpone to a Certain Time is used to postpone something until the next meeting (if within a quarterly interval) or until a particular time or event, which can be during the same meeting or the next meeting (if within a quarterly interval). If adopted, the motion is automatically taken up at the prior time. Since you proposed that the motion be deferred until after Open Forum, it seems to me that Postpone to a Certain Time was more appropriate. As others have noted, however, it's not that big a deal.

[Rockp2]

How long the item is deferred for is not the issue. Lay on the Table is used to set a motion aside temporarily for an indeterminate amount of time in order to take up some urgent business. If adopted, the motion is not taken up again until a motion to Take from the Table is adopted. This must be done at the same meeting or at the next meeting (if within a quarterly interval) or the motion dies.

Postpone to a Certain Time is used to postpone something until the next meeting (if within a quarterly interval) or until a particular time or event, which can be during the same meeting or the next meeting (if within a quarterly interval). If adopted, the motion is automatically taken up at the prior time. Since you proposed that the motion be deferred until after Open Forum, it seems to me that Postpone to a Certain Time was more appropriate. As others have noted, however, it's not that big a deal.

 

Thank you for your insight Josh!

[Shmuel Gerber]

In addition to the misuse of the term "table," I think it is slightly problematic for the chair to simply say, "If there are no objections, we will . . ., " unless this is preceded by some comment or request indicating why this action is taking place -- in this case, because the chair, as a member of the board, thinks it's a good idea. At the very least, the chair should phrase it as "Is there any objection to . . . ?"

 

Also, once the postponement was announced, it was improper to again ask unanimous consent simply because of the objection made by the audience member.