Pulling a Topic Off the Consent Calendar

[David Shostak]

My HOA uses a published agenda. At the start of the board meeting, we approve the agenda. However, when we got to the part on the agenda called Consent Calendar. I wanted to pull a topic off the Consent Calendar.

The President said I could not pull it off the Consent Calendar because I did not do it at the start of the meeting when we approved the agenda. She said I should have pulled it off then.

Is she correct in preventing me from pulling the topic off the Consent Calendar?

[Dan Honemann]

The answer to your question depends entirely upon what your own rules say concerning the use of a consent calendar.

[Rob Elsman]

No.  There is nothing in RONR (12th ed.) that suggests that an item of business must be removed from a consent calendar at the time that an agenda is adopted to be removed at all.

What little that RONR has to say about consent calendars is found at RONR (12th ed.) 41:32.

I recommend the board stop using both the agenda and the consent calendar.

[Gary Novosielski]

With respect to the consent calendar, I think it does have some value but I would only favor its use if the rules allowed for removing an item for a separate vote, on the demand of a single member.  This is the default RONR behavior for any compound motion containing multiple independent items.

In the situation described, I would have Appealed from the decision of the chair.

[Richard Brown]

On 11/28/2022 at 12:29 PM, Rob Elsman said:

I recommend the board stop using both the agenda and the consent calendar.

Regarding the use of a consent calendar, I agree with Mr. Novosielski.

With regard to the use of an agenda, since this is a homeowner association, I suspect there might well be a controlling law or bylaw provision which requires that an agenda be published or noticed prior to each board  meeting.  However, even without such a provision, an organization is free to provide for the use of an agenda. Without knowing more about this organization, I would be hesitant to recommend that it discontinue the use of an agenda.  I believe that is a decision within the sound judgment of the organization based upon what it perceives its needs to be.

On 11/28/2022 at 12:25 PM, Dan Honemann said:

The answer to your question depends entirely upon what your own rules say concerning the use of a consent calendar.

I agree, but only to a point. It seems to me that if the rules are silent regarding the details of removing an item from the consent calendar, 41:32 covers it pretty well and provides that an item must be removed from the consent calendar upon the demand of a single member.  I do agree that the organization’s rules should provide at least some detail on how the consistent consent calendar is to be handled.

Edited November 29, 2022 at 08:56 PM by Richard Brown
Typographical correction as indicated in last paragraph

[Tomm]

On 11/28/2022 at 11:25 AM, Dan Honemann said:

The answer to your question depends entirely upon what your own rules say concerning the use of a consent calendar.

Is it not true that a consent agenda must first be approved for use by a special rule of order?  

The Board in our organization occasionally uses one, however, it has not been authorized for use by a special rule of order! Our bad! 

[George Mervosh]

On 11/29/2022 at 3:02 PM, Tomm said:

Is it not true that a consent agenda must first be approved for use by a special rule of order?  

Yes.  

On 11/29/2022 at 3:02 PM, Tomm said:

The Board in our organization occasionally uses one, however, it has not been authorized for use by a special rule of order! Our bad! 

Your board is not alone.  It should adopt a special rule authorizing the use of a consent calendar (agenda) if they wish to continue to use one.

Edited November 29, 2022 at 08:11 PM by George Mervosh

[Tomm]

On 11/29/2022 at 1:10 PM, George Mervosh said:

It should adopt a special rule authorizing the use of a consent calendar (agenda) if they wish to continue to use one.

If not authorized with a special rule of order, would it be appropriate to call a point of order to deem the consent agenda out of order?

[George Mervosh]

On 11/29/2022 at 3:18 PM, Tomm said:

If not authorized with a special rule of order, would it be appropriate to call a point of order to deem the consent agenda out of order?

Of course. Any board member may do so. 

[Dan Honemann]

On 11/28/2022 at 1:25 PM, Dan Honemann said:

The answer to your question depends entirely upon what your own rules say concerning the use of a consent calendar.

 

On 11/29/2022 at 12:27 PM, Richard Brown said:

I agree, but only to a point. It seems to me that if the rules are silent regarding the details of removing an item from the consent calendar, 41:32 covers it pretty well and provides that an item must be removed from the consent calendar upon the demand of a single member.  I do agree that the organization’s rules should provide at least some detail on how the consistent calendar is to be handled.

The question here isn't one as to the right of a member to remove an item from the consent calendar, the question seems to be one as to when he can do so.  Apparently the rules here provide for adoption by the assembly of an agenda specifying which items will be on the consent calendar, and the President claims that removal of an item from the consent calendar must be done when this agenda is considered for adoption.  The assembly will have to decide for itself whether or not this is a correct interpretation of its own rules.