suspension of the rules regarding the presence of a quorum

[wayne brody]

We are a statewide caucus formed under a major political party.  Our bylaws (and the state party bylaws under which we operate) require a quorum of 20% of our membership to elect our officers at our annual meeting.  We believe that we will likely just barely make quorum, but because several other meetings conflict with ours, a number of members who will likely be present at the outset of the meeting (say, for example, long enough to establish a quorum and to vote for president), will leave and quorum will be unavailable for any recount on the first ballot and for the subsequent election of other officers and directors.

One of my colleagues believes that while we still have  quorum we can move the suspension of the rule requiring a continuing quorum,  and if passed by a two-thirds majority, continue on with our elections even after quorum is lost.  Doesn't sound right to me, but the RONR isn't crystal on the topic.

Any help, particularly with citations or quotes, is very welcome.

Thank you.

[jstackpo]

15 minutes ago, wayne brody said:

Doesn't sound right to me,

Your instincts are spot on.  If enough folks leave, then no quorum - no business (with a few exceptions, page 347), says RONR.

But go look carefully at your bylaws... some do say that an initial quorum present "persists" (in the rules if not in actuality) even though the attendance dwindles. 

[Josh Martin]

37 minutes ago, wayne brody said:

Doesn't sound right to me, but the RONR isn't crystal on the topic.

This isn’t clear enough?

“The prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent” (RONR, 11th ed., pg. 348)

[Atul Kapur]

And, if that's not enough, "Rules protecting absentees cannot be suspended, even by
unanimous consent or an actual unanimous vote, because the absentees do not consent to such suspension. For example, the rules requiring the presence of a quorum, restricting business transacted at a special meeting to that mentioned in the call of the meeting, and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent.*"

(RONR 11th ed., p.263, line 29 - p. 264, line 5) Bolding added

[Richard Brown]

There is a chance - a very slight chance - that state law might provide that for a political party once a quorum is attained, business can still be conducted despite the subsequent loss of the quorum. I would not count on any such provision, though! I think your remedy is going to be to avoid the scheduling conflict or to amend your bylaws to provide for a more realistic quorum.

[J. J.]

1 hour ago, Richard Brown said:

There is a chance - a very slight chance - that state law might provide that for a political party once a quorum is attained, business can still be conducted despite the subsequent loss of the quorum. I would not count on any such provision, though! I think your remedy is going to be to avoid the scheduling conflict or to amend your bylaws to provide for a more realistic quorum.

Agreeing, I will add that such a provision might be placed in the bylaws. 

I will also note even an inquorate meeting can schedule an adjourned meeting (p.  347, ll. 30-33).  That might be a viable option.