Tomm Posted November 2, 2022 at 04:39 PM Report Share Posted November 2, 2022 at 04:39 PM If a member questions the chair about an ambiguous bylaw, and it is determined that it can only be defined/interpreted by a majority vote of the members, (56:68) can the chair make the motion to open the interpretation up to a debate and vote without having to relinquish the chair? (43:29) Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted November 2, 2022 at 04:59 PM Report Share Posted November 2, 2022 at 04:59 PM If the chair is responding to a Request for Information or a Parliamentary Inquiry he would not be putting anything to a vote. If a point of order is made, the chair, if in doubt, may refer the point of order to the assembly for their decision on the matter. But it is the chair who decides if he wishes to refer it to the assembly instead of issuing a ruling. He need not leave the chair in any of these scenarios, including an Appeal if he wishes to make a ruling. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted November 2, 2022 at 06:18 PM Report Share Posted November 2, 2022 at 06:18 PM On 11/2/2022 at 11:39 AM, Tomm said: If a member questions the chair about an ambiguous bylaw, and it is determined that it can only be defined/interpreted by a majority vote of the members, (56:68) can the chair make the motion to open the interpretation up to a debate and vote without having to relinquish the chair? (43:29) That's not how that works. There is no "motion to open the interpretation up to a debate and vote." Rather, a member may raise a Point of Order regarding the issue. The chair could submit the question directly to the assembly. Alternately, the chair could make a ruling, followed by an Appeal. "When the chair is in doubt as to how to rule on an important point, he can submit it to the assembly for decision in some such manner as: CHAIR: Mr. Downey raises a point of order that the amendment is not germane to the resolution. The chair is in doubt and submits the question to the assembly. The resolution is [reading it]. The proposed amendment is [reading it]. The question is, “Is the amendment germane to the resolution?”" RONR (12th ed.) 23:18 Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 2, 2022 at 11:10 PM Report Share Posted November 2, 2022 at 11:10 PM On 11/2/2022 at 12:39 PM, Tomm said: and it is determined that it can only be defined/interpreted by a majority vote of the members How, or by whom, would that be "determined" in this scenario? Quote Link to comment Share on other sites More sharing options...
Tomm Posted November 2, 2022 at 11:49 PM Author Report Share Posted November 2, 2022 at 11:49 PM On 11/2/2022 at 4:10 PM, Gary Novosielski said: How, or by whom, would that be "determined" in this scenario? By a debate among the membership and the determination of the meaning of that bylaw by a majority vote per 58:68? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 2, 2022 at 11:58 PM Report Share Posted November 2, 2022 at 11:58 PM (edited) On 11/2/2022 at 6:49 PM, Tomm said: By a debate among the membership and the determination of the meaning of that bylaw by a majority vote per 58:68? Well, that might be partially right but it’s not totally correct. What happens is, when the point of order is raised that something is or is not permitted by the bylaws and there is an appeal from the ruling of the chair, the “interpretation“ of the bylaw provision is limited to whether the bylaws permit or prohibit the action that is the subject of the point of order. I suggest you reread Mr. Martin‘s post above. Edited November 3, 2022 at 12:00 AM by Richard Brown Added last paragraph Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 3, 2022 at 12:07 AM Report Share Posted November 3, 2022 at 12:07 AM On 11/2/2022 at 7:49 PM, Tomm said: By a debate among the membership and the determination of the meaning of that bylaw by a majority vote per 58:68? I'm not familiar with 58:68. In any case, debate on what a bylaw means doesn't simply occur. It happens during an Appeal, when a ruling by the chair strikes some of the members as inconsistent with their understanding of the meaning of the bylaws. Quote Link to comment Share on other sites More sharing options...
Tomm Posted November 3, 2022 at 12:19 AM Author Report Share Posted November 3, 2022 at 12:19 AM On 11/2/2022 at 5:07 PM, Gary Novosielski said: I'm not familiar with 58:68. Sorry, typo 56:68! Quote Link to comment Share on other sites More sharing options...
Recommended Posts