small board rules

[Genesis]

Can a board that qualifies as a small board waver between "small board rules" and "regular board rules," using whichever rule is beneficial to the board at that time, for instance, regarding the chair making motions and voting, or regarding limiting the number of times a director may speak to a motion?

[Joshua Katz]

I expect there will be a split of opinion here on this. My view is that, if a board is a small board, then it follows the small board rules. If it wishes to use the more formal rules, it should adopt a special rule of order to that effect. If it wishes to use them in a one-off manner (although I have trouble thinking of what that would look like) it should suspend the rules. 

So, if the chair makes a motion and a member raises a point of order, it should be ruled not well-taken unless the assembly adopts a special rule of order to that effect. But suspending the rules for the purpose of not allowing the chair to make a motion would not work absent unanimous consent, and if there is unanimous consent, then the chair simply wouldn't make the motion in the first place. Keep in mind that the chair always has the right to make a motion (assuming he is a member of the assembly). He, for purposes of impartiality, does not exercise that right. Stripping a member of his rights requires his own consent - but, again, if he consents, what's the point?

[Josh Martin]

7 hours ago, Genesis said:

Can a board that qualifies as a small board waver between "small board rules" and "regular board rules," using whichever rule is beneficial to the board at that time, for instance, regarding the chair making motions and voting, or regarding limiting the number of times a director may speak to a motion?

A board can choose whether or not to use the small board rules, and I even think that a board could choose to use some, but not all, of the small board rules. I do not think, however, that the board can choose to be in a quantum state where the small board rules are or are not in effect at any given time depending on the board's whims.

With respect to the rule "regarding limiting the number of times a director may speak to a motion," however, I would note that the motion to Limit or Extend Limits of Debate would be useful for this purpose. This motion requires a 2/3 vote for adoption.

Edited November 20, 2020 at 02:48 PM by Josh Martin

[Dan Honemann]

31 minutes ago, Josh Martin said:

A board can choose whether or not to use the small board rules, and I even think that a board could choose to use some, but not all, of the small board rules. I do not think, however, that the board can choose to be in a quantum state where the small board rules are or are not in effect at any given time depending on the board's whims.

With respect to the rule "regarding limiting the number of times a director may speak to a motion," however, I would note that the motion to Limit or Extend Limits of Debate would be useful for this purpose. This motion requires a 2/3 vote for adoption.

I agree entirely with this response.

General Robert himself, on page 251 of PL, indicates that this is a question to be decided by the board (or executive committee) itself. Furthermore, RONR is deliberately vague about when these rules may be applicable, referring to meetings where there are "not more than about a dozen members present" (RONR, 12th ed., 49:21).

[Genesis]

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