Can non-voting attendees of a meeting (that they were invited to) make or second a motion?

[Guest Meleia M]

Can non-voting attendees of a meeting make or second a motion? I have representatives that attend our board meetings, they are even on the agenda to present to the whole board, but they are non-voting members. Can they make or second a motion (even though they won't vote on the item)? Usually their motions are to approve minutes, or to adjourn the meeting. 

[Atul Kapur]

Under RONR, you're either a member with all rights of a member or not a member and have no rights.

If your bylaws have a different type of member then they should define the rights that apply.

[Weldon Merritt]

Agreeing with Dr. Kapur, I will add that if a motion is made or seconded by someone who does not have the right to do so, and that motion nevertheless is adopted, it is just as validly adopted as if it have been properly made and seconded. AS point of order would have to have been made immediately, before the motion was processed.

As an aside, though not directly related to the question, a motion to approve the minutes is never necessary (the chair simply askes if there are any corrections), and a motion to adjourn is seldom necessary. (In most cases, the meeting is simply adjourned without a motion once there is no more business' to conduct. or when a prescheduled time to adjourn has been reached. Only if the maker wants to adjourn earlier would a motion be necessary.).

[Bruce Lages]

Can you clarify whether these people are in fact members of the board? You refer to them as 'non-voting attendees' in one place and as 'non-voting members' in another. Do these people hold positions that are defined in your bylaws as board positions without a vote?

[Gary Novosielski]

On 4/26/2023 at 11:31 AM, Bruce Lages said:

Can you clarify whether these people are in fact members of the board? You refer to them as 'non-voting attendees' in one place and as 'non-voting members' in another. Do these people hold positions that are defined in your bylaws as board positions without a vote?

From the topic title, they are apparently non-member invitees.