Raising a Question of Privilege during Roll Call or Opening Readings

[Dan B]

This is probably an unusual question, but there are very unusual circumstances surrounding an upcoming meeting. It will be a standard quarterly meeting of an assembly, with approximately 55 voting members and up to 100 attendees. It's going to be held in-person in 2 weeks, which has raised various safety concerns due to the current health situation in the surrounding area, and there has been contention regarding it.

Assuming a member has legitimate safety concerns once the meeting begins, what would be the most effective way raise to raise those concerns quickly and be recognized by the chair? My thought was one could rise to a question of privilege affecting the assembly, state the concerns, and possibly make a motion to adjourn the meeting. The chair may not allow the motion, but the point is to be recognized and state the concerns so other are aware of whatever safety provisions are not meeting met. Due to our order of business listed below, I'm uncertain when one could be recognized, but each member will have the mic during roll call.

Our standard order of business consists of brining the meeting to order, brief readings by 4 members on selected topics, roll call, approval of the minutes, and then various committee and officer reports. The first time anyone normally would be permitted to speak is for corrections to the minutes, and for general questions after the first report is given. Roll call is also a rather tedious process, that can take up to 30 minutes.

With that format is mind, what is the earliest point where it would be reasonable to raise the question of privilege? The chair tends to be dictatorial, so recognition could be difficult if it's at an unusual time. Thus, the thinking that during roll call might be the best place to get early recognition.

I'd appreciate any insights on the most effective way to raise real concerns and be given the opportunity to state them. The intention would not be to disrupt the meeting, be dilatory, or otherwise obstruct business.

Thanks in advance!

Edited September 3, 2021 at 07:23 PM by Dan B
I understand the privileged motion to adjourn could be made, but it doesn't seem to be the most effective way to raise concerns, since it would likely be done early in the proceedings of a typically 5 -6 hour business meeting.

[J. J.]

I would go with this being a question of privilege relating to the assembly(19:7).  The "comfort of its members" could reasonably include not contracting a potential fatal disease.

[Dan Honemann]

Stay home.

[Josh Martin]

On 9/3/2021 at 2:19 PM, Dan B said:

Assuming a member has legitimate safety concerns once the meeting begins, what would be the most effective way raise to raise those concerns quickly and be recognized by the chair? My thought was one could rise to a question of privilege affecting the assembly, state the concerns, and possibly make a motion to adjourn the meeting

A question of privilege could be raised. A motion to adjourn would also be in order.

On 9/3/2021 at 2:19 PM, Dan B said:

The chair may not allow the motion, but the point is to be recognized and state the concerns so other are aware of whatever safety provisions are not meeting met. Due to our order of business listed below, I'm uncertain when one could be recognized, but each member will have the mic during roll call.

The motion to Raise a Question of Privilege and the privileged motion to Adjourn are both in order at pretty much any time during a meeting.

I would note that beyond simply "stating the concerns," the motion to Raise a Question of Privilege could be used to introduce a motion adopting rules for whatever safety provisions the assembly deems appropriate.

On 9/3/2021 at 2:19 PM, Dan B said:

With that format is mind, what is the earliest point where it would be reasonable to raise the question of privilege? The chair tends to be dictatorial, so recognition could be difficult if it's at an unusual time. Thus, the thinking that during roll call might be the best place to get early recognition.

I am inclined to think that the motion to Raise a Question of Privilege is in order immediately after the meeting is called to order, and would be in order during a roll call (for attendance, not voting). The chair will rule on whether the question of privilege requires immediate attention, and that ruling is subject to appeal.

In regard to concerns of a dictatorial chairman, it may be prudent to refer to RONR (12th ed.) 62:2-15.

On 9/3/2021 at 2:19 PM, Dan B said:

Roll call is also a rather tedious process, that can take up to 30 minutes.

Not really related to your current situation, but the assembly might want to consider ditching the roll call.

Edited September 4, 2021 at 02:07 PM by Josh Martin

[Rob Elsman]

The privileged motion, Adjourn, is a distinct motion from the privileged motion, Raise a Question of Privilege.  Contrast RONR (12th ed.) t6, motion 2 and RONR (12th ed.) t24, motions 72 and 73.

[Guest Zev]

On 9/3/2021 at 1:58 PM, Josh Martin said:

I am inclined to think that the motion to Raise a Question of Privilege is in order immediately after the meeting is called to order, and would be in order during a roll call.

As far as I can tell, there was no explicit rule concerning the interruption of voting from 1876 to 1981. However, the text found at 45:6 can also be found in slightly different words in ed. 8 §44 p.355, ed. 9 §44 p. 415, ed. 10 §45 p. 408, and ed. 11 §45 p. 408.   

[Rob Elsman]

I do not think the original poster has voting in mind when speaking of a "roll call".

[Guest Zev]

Checking for attendance. Got it.

[Rob Elsman]

Raising a Question of Privilege and the established order of business are red herrings in this thread.  All a member needs to do is rise to obtain the floor when no other member is speaking.  After the chair has assigned the floor, the maker can say something like, "On account of the immediate danger of transmitting the COVID virus, I move to adjourn."

At no time is it in order to interrupt another member who has been assigned the floor in order to make a motion to adjourn.

[J. J.]

On 9/3/2021 at 11:05 PM, Rob Elsman said:

Raising a Question of Privilege and the established order of business are red herrings in this thread.  All a member needs to do is rise to obtain the floor when no other member is speaking.  After the chair has assigned the floor, the maker can say something like, "On account of the immediate danger of transmitting the COVID virus, I move to adjourn."

At no time is it in order to interrupt another member who has been assigned the floor in order to make a motion to adjourn.

A Question of Privilege may interrupt some pending item.   A motion to Adjourn cannot.

It is possible to conduct a meeting with proper COVID precautions, e.g. holding it out of door with everyone well spaced, and masked.  Adjournment may not be a desired solution for this group. 

[Josh Martin]

On 9/3/2021 at 10:05 PM, Rob Elsman said:

Raising a Question of Privilege and the established order of business are red herrings in this thread.  All a member needs to do is rise to obtain the floor when no other member is speaking.  After the chair has assigned the floor, the maker can say something like, "On account of the immediate danger of transmitting the COVID virus, I move to adjourn."

It's not entirely clear whether the goal is to move to adjourn. It seems there is still thought being given to whether to move to adjourn or to instead move to adopt appropriate safety protocols (masking, social distancing, etc.).

Certainly, however, I agree that the privileged motion to adjourn is also an option.

I take no position on what option is most appropriate for the assembly, as that is not a parliamentary issue, and because the assembly is presumably better aware of the situation with their own organization, its members, and their community than I am.

Edited September 4, 2021 at 02:11 PM by Josh Martin