When Appeal from Decision of the Chair is not Debatable

[Tomm]

RONR in Brief states in footnote 3 on page 210 that an appeal from the ruling of the chair is not debatable if its a "transgression of the rules of speaking, or to the priority of business..."

So...if the Chair rules that a motion/amendment to a main motion is out of order declaring it's not germane when the motion is, in-fact, very much germane; would that be an appeal that is considered not debatable? 

The appeal would be against the ruling not too allow the motion/amendment rather than the motion/amendment itself? 

[Weldon Merritt]

On 7/22/2022 at 10:01 AM, Tomm said:

So...if the Chair rules that a motion/amendment to a main motion is out of order declaring it's not germane when the motion is, in-fact, very much germane; would that be an appeal that is considered not debatable? 

No, I do not believe that would be undebatable. Transgression of the rules of speaking would involve something like violation of decorum or maybe attempting to speak a third time on a motion. And priority of business would involve something like what call of business in in order at the time. Whether a motion is germane is neither of those.  (As an aside, I'm not sure how a main motion could ever not be germane. It may be beyond the scope of the organizations purpose, but the issue would not be whether it is germane, but whether it is out of order as being outside the organizations purposes.)

[Tomm]

On 7/22/2022 at 9:31 AM, Weldon Merritt said:

(As an aside, I'm not sure how a main motion could ever not be germane

It actually was an amendment to a main motion that was ruled not being germane!

[Dan Honemann]

On 7/22/2022 at 12:46 PM, Tomm said:

It actually was an amendment to a main motion that was ruled not being germane!

Why the exclamation mark?

[Tomm]

On 7/22/2022 at 9:54 AM, Dan Honemann said:

Why the exclamation mark?

Because the motion was very much germane and it was very surprising when it was ruled not so.

[Gary Novosielski]

On 7/22/2022 at 12:01 PM, Tomm said:

RONR in Brief states in footnote 3 on page 210 that an appeal from the ruling of the chair is not debatable if its a "transgression of the rules of speaking, or to the priority of business..."

So...if the Chair rules that a motion/amendment to a main motion is out of order declaring it's not germane when the motion is, in-fact, very much germane; would that be an appeal that is considered not debatable? 

The appeal would be against the ruling not too allow the motion/amendment rather than the motion/amendment itself? 

Yes, the Appeal  is always against a ruling that is believed to be incorrect.  And even when an appeal is not debatable it is still in order to move it and vote on it.  In the case you mention, it is fully debatable, within the special limits of debate that apply to an appeal.

[Weldon Merritt]

On 7/22/2022 at 10:46 AM, Tomm said:

It actually was an amendment to a main motion that was ruled not being germane!

I overlooked that, but I see it now.

On 7/22/2022 at 10:58 AM, Tomm said:

Because the motion was very much germane and it was very surprising when it was ruled not so.

Not knowing the specifics, I can't comment on whether it was or was not germane. But sometimes there can be differing opinions on an issue. Or it could be that the chair improperly ruled according to whether he liked the amendment, and not whether it really was or was not germane. Either way, that's what an appeal is for.