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Definition of an item of business


Owenparker

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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.

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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.

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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.

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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.

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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 by Gary Novosielski
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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.

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