Owenparker Posted November 30, 2021 at 04:29 PM Report Share Posted November 30, 2021 at 04:29 PM Is a point of order and/or parliamentary inquiry considered an item of business. Example: chair makes a decision parliamentary inquiry is made point of order is made on the parliamentary inquiry An appeal is made on the presidents decision is the appeal allowed or is it a point of order? Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 30, 2021 at 04:48 PM Report Share Posted November 30, 2021 at 04:48 PM I have to assume that "chair makes a decision" means that the chair ruled on an issue in a particular way. In your example, the parliamentary inquiry is superfluous. Parliamentary inquiries are hypothetical questions and are not subject to points of order, so the point of order was not proper. However, it is proper to Appeal From the Decision of the Chair immediately after that ruling is announced, presuming it is seconded as needed. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted November 30, 2021 at 04:50 PM Report Share Posted November 30, 2021 at 04:50 PM No. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted November 30, 2021 at 05:14 PM Report Share Posted November 30, 2021 at 05:14 PM On 11/30/2021 at 11:29 AM, Owenparker said: Is a point of order and/or parliamentary inquiry considered an item of business. Example: chair makes a decision parliamentary inquiry is made point of order is made on the parliamentary inquiry An appeal is made on the presidents decision is the appeal allowed or is it a point of order? I think you're asking whether it is too late to make an appeal after a parliamentary inquiry or a point of order has occurred, because of the rule "If any debate or business has intervened, it is too late to appeal." Parliamentary inquiries and points of order are incidental motions and generally would not be considered business in the parliamentary sense, since they relate to the business at hand and are not business in and of themselves. Quote Link to comment Share on other sites More sharing options...
Guest Owen parker Posted November 30, 2021 at 05:18 PM Report Share Posted November 30, 2021 at 05:18 PM The argument at hand is that for example someone could constantly rise to a point to a parliamentary inquiry every time the chair makes a decision as well this would mean no person could inquire before making an appeal even if the inquiry was related to the appeal. example: chair makes decision I rise to a point of parliamentary inquiry. “what is the purpose of an appeal” this person could now not make an appeal since they have made an inquiry. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 30, 2021 at 05:52 PM Report Share Posted November 30, 2021 at 05:52 PM No, the inquiry would not be considered debate or other business. The appeal could still be made. In fact the inquiry might be whether an appeal would be proper at this point, for which the answer would properly be Yes, but even if the chair answered No, that would not stop a member from actually raising the Appeal, since answering an inquiry is not the same as making an actual ruling. Quote Link to comment Share on other sites More sharing options...
Guest Owen parker Posted November 30, 2021 at 05:55 PM Report Share Posted November 30, 2021 at 05:55 PM Even if there is an point of order on the parliamentary inquiry (whether it is sustained or not) would this affect the eligibility of the appeal? Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 30, 2021 at 06:13 PM Report Share Posted November 30, 2021 at 06:13 PM (edited) On 11/30/2021 at 12:55 PM, Guest Owen parker said: Even if there is an point of order on the parliamentary inquiry (whether it is sustained or not) would this affect the eligibility of the appeal? It is not proper to raise a point of order on the response to a parliamentary inquiry, since it is an expression of the chair's opinion, and as such can't breach any rule, and cannot be "sustained". Edited November 30, 2021 at 06:13 PM by Gary Novosielski Quote Link to comment Share on other sites More sharing options...
Owenparker Posted November 30, 2021 at 06:48 PM Author Report Share Posted November 30, 2021 at 06:48 PM Thank you very much if you have notes on a situation like this and/or know where this could be addressed in a book could you point me in the right direction? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted November 30, 2021 at 07:02 PM Report Share Posted November 30, 2021 at 07:02 PM On 11/30/2021 at 1:48 PM, Owenparker said: Thank you very much if you have notes on a situation like this and/or know where this could be addressed in a book could you point me in the right direction? See RONR (12th ed.), 33:3 - 33:5. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 30, 2021 at 10:34 PM Report Share Posted November 30, 2021 at 10:34 PM On 11/30/2021 at 10:29 AM, Owenparker said: Is a point of order and/or parliamentary inquiry considered an item of business. Example: chair makes a decision parliamentary inquiry is made point of order is made on the parliamentary inquiry On 11/30/2021 at 10:48 AM, Gary Novosielski said: In your example, the parliamentary inquiry is superfluous. Parliamentary inquiries are hypoth ietical questions and are not subject to points of order, so the point of order was not proper. FWIW, although perhaps not pertinent to the issue at hand, I believe a point of order (and possibly an appeal) can be made to a parliamentary inquiry. A parliamentary inquiry is supposed to be regarding matters of parliamentary procedure "bearing on the business at hand" (RONR, 12th ed., §33.3). If, for example, immediately after a motion is made or after the chair makes a decision, a member rises with what he says is a parliamentary inquiry, but asks what a restaurant a couple of blocks away is serving for dinner or what movie is playing at a nearby theater, that is not a proper parliamentary inquiry and should not be permitted as such. It would be appropriate for another member to raise a point of order that it is not a parliamentary inquiry or for the chair, on his own, to rule the proffered parliamentary inquiry out of order as not being a proper parliamentary inquiry. It could also be considered dilatory. Quote Link to comment Share on other sites More sharing options...
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