PatrickS Posted January 9, 2020 at 02:25 AM Report Share Posted January 9, 2020 at 02:25 AM If a member makes a motion to rescind a previously past procedure and is seconded. The chair rules the motion to rescind out of order, the member appeals the chairs decision and is seconded. The chair Rules the motion to Appeal out of order. is this an abuse of the chairs powers under RONR? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted January 9, 2020 at 02:59 AM Report Share Posted January 9, 2020 at 02:59 AM 22 minutes ago, PatrickS said: If a member makes a motion to rescind a previously past procedure and is seconded. The chair rules the motion to rescind out of order, the member appeals the chairs decision and is seconded. The chair Rules the motion to Appeal out of order. is this an abuse of the chairs powers under RONR? It is difficult to say for certain without knowing the chair’s reasoning for his rulings (which he is required to provide), but I’m going to say “probably.” The bar for ruling an Appeal out of order is very high. Specifically, it “is dilatory to obstruct business by appealing from a ruling of the chair on a question about which there cannot possibly be two reasonable opinions.” (RONR, 11th ed., pg. 342) If this is in fact a case of the chair abusing his powers, remedies are discussed in RONR, 11th ed., pgs. 650-653. Quote Link to comment Share on other sites More sharing options...
J. J. Posted January 9, 2020 at 07:05 PM Report Share Posted January 9, 2020 at 07:05 PM 15 hours ago, Josh Martin said: It is difficult to say for certain without knowing the chair’s reasoning for his rulings (which he is required to provide), but I’m going to say “probably.” The bar for ruling an Appeal out of order is very high. Specifically, it “is dilatory to obstruct business by appealing from a ruling of the chair on a question about which there cannot possibly be two reasonable opinions.” (RONR, 11th ed., pg. 342) If this is in fact a case of the chair abusing his powers, remedies are discussed in RONR, 11th ed., pgs. 650-653. Agreed, but the most obvious case is if the motion has been fully carried out. A motion to rescind the motion, "That a new desk be purchased for the secretary," would be out of order if the desk had already been purchased and could not be returned. IMO, an appeal of the chair's ruling that the motion to rescind was out of order in this case, would be out of order. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted January 10, 2020 at 01:46 AM Report Share Posted January 10, 2020 at 01:46 AM 6 hours ago, J. J. said: Agreed, but the most obvious case is if the motion has been fully carried out. A motion to rescind the motion, "That a new desk be purchased for the secretary," would be out of order if the desk had already been purchased and could not be returned. IMO, an appeal of the chair's ruling that the motion to rescind was out of order in this case, would be out of order. Yes, I agree that there cannot be two reasonable opinions on whether a motion to rescind a motion to purchase a desk is in order when the purchase is already made. We are told in this case, however, that the motion was to rescind a previously adopted procedure, and procedures generally have continuing force and effect. Quote Link to comment Share on other sites More sharing options...
Recommended Posts