Non voting member made motion from floor

[Guest Linda]

Our Board meeting are open to members but members do not have a vote. A member made a motion from the floor, it was seconded and passed. In Roberts Rules, can a non voting person actually make a motion. If the answer to this is No, how should we try to fix the situation? The motion actually concerns the awarding of a lifetime membership to the club. Several Board members were not able to be present so it passed barely and it is definitely a precedence we do not want to set.  Thanks for your help. 

[Richard Brown]

If no one raised a point of order and the motion actually got adopted, then it is valid and a done deal.

as to how to prevent it from happening in the future, the chair should not recognize non-board members for the purpose of making motions. If he does, then a board member who objects should raise a point of order. 

if enough board members regret having adopted the motion, a board member may move to rescind or amend the motion at a future meeting.
 

[Joshua Katz]

On 8/14/2022 at 8:23 PM, Guest Linda said:

Several Board members were not able to be present so it passed barely and it is definitely a precedence we do not want to set.

I would just note that, so far as the facts provided here make out, this has nothing to do with the issue of a guest making a motion. It is always the case that those present get to decide. (Which is why there are rules protecting the rights of absentees, but ultimately, they have the right to show up.) This motion would have passed by a slim margin if a board member made it, too, so I don't see what precedent you're setting in any event. 

[Gary Novosielski]

On 8/14/2022 at 8:23 PM, Guest Linda said:

Our Board meeting are open to members but members do not have a vote. A member made a motion from the floor, it was seconded and passed. In Robert[']s Rules, can a non voting person actually make a motion. If the answer to this is No, how should we try to fix the situation? The motion actually concerns the awarding of a lifetime membership to the club. Several Board members were not able to be present so it passed barely and it is definitely a precedence [sic] we do not want to set. 

No, since these "members" are actually non-members of the board, they have no rights to make or second motions at board meetings.  But unless this non-member actually voted for this motion and that one vote could have affected the result of the vote, then a point of order would need to have been made at the time of the breach, or it's too late to fix anything now.  

The motion was adopted.

No precedent is set by this one mistake, but if you want to keep a better eye on the rules, the presiding officer should be asked to do a better job of enforcing them during the meeting.  The presiding officer apparently erred by recognizing the non-member in the first place, allowing the motion, taking the vote, and announcing that the motion was adopted, without anyone noticing.  A point of order could (and should) have been made at any point during that process.

 

Edited August 16, 2022 at 02:16 AM by Gary Novosielski

[Weldon Merritt]

On 8/15/2022 at 8:04 PM, Gary Novosielski said:

A point of order could (and should) have been made at any point during that process.

At any point? I'm not so sure. What about after debate had started, or if no debate, after voting had begun? Or would it be similar to the situation with the absence of a second? I'm not necessarily disagreeing; I'm just wondering at what point a Point of Order would not be well taken (assuming that the non-member either did not vote, or if he did, his one vote would not have affected the result).

[Richard Brown]

Mr. Merritt raises some good questions.  My own opinion, after initially wavering a bit, is that a Point of Order would need to be raised at the time the nonmember makes the motion. Once the motion has been seconded and stated by the chair  or debate has begun, I believe the situation is the same as with any other motion which is out of order for any reason other than one that would constitute a continuing breach.  A point of order would need to be raised immediately at the time of the breach, before the chair has stated the motion and debate has begun just as with, for example, a motion which does not receive a second.

[Joshua Katz]

I agree with Mr. Brown. I think where the motion came from and how it was made is immaterial once debate has begun.

[Gary Novosielski]

Well, just to be different, I'll say before the next item of business had begun.  

Absent a definite citation, the chair might as well put the matter before the assembly.  It might be interesting.