President can make motion during zoom meeting?

[Guest Andrea]

Can the president of an association executive board make a motion during zoom meeting or regular board meeting?

[Dan Honemann]

On 6/28/2023 at 8:08 PM, Guest Andrea said:

Can the president of an association executive board make a motion during zoom meeting or regular board meeting?

He can if the board is operating under the relaxed rules for small boards as described in RONR, 12th ed., 49:21.

[Guest Andrea]

On 6/28/2023 at 8:08 PM, Guest Andrea said:

Can the president of an association executive board make a motion during zoom meeting or regular board meeting?

So if he can, I feel conflict.  President wants the secretary resigned so he makes a motion.  It should ask Vice President take a floor, president can make a motion so won’t feel conflict.  Or have someone make a motion.  Or have all the board agree at the same page.    

[puzzling]

First of all what do your bylaws say about removing officers of there office (if there are no rule RONR section 62 gives the rules)

I think it is important (even under small board rules) to have an impartial chair. So I would preferif some other member than the chair makes a possibly emotionally contested motion.

Bul maybe your rules don't even forbid it.

There are two options here

- president relinquish temporary the chair.

Or

-Another member makes the motion.

My preference would be the first option. But the president needs to decide this personally (if at all)

[Gary Novosielski]

On 6/29/2023 at 5:41 AM, puzzling said:

First of all what do your bylaws say about removing officers of there office (if there are no rule RONR section 62 gives the rules)

I think it is important (even under small board rules) to have an impartial chair. So I would [prefer] some other member than the chair makes a possibly emotionally contested motion.

[But] maybe your rules don't even forbid it.

There are two opti[]ons here

- president relinquish temporary the chair.

Or

-Another member makes the motion.

My preference would be the first option. But the president needs to decide this personally (if at all)

You seem to have glossed over the fact that this is an Executive Board and therefore more likely than not would be subject to the Small Board Rules [49:21].

The rule is there for a reason, and participation by the chair should not, in my view, be discouraged where appropriate.

Edited June 29, 2023 at 02:49 PM by Gary Novosielski

[Josh Martin]

On 6/28/2023 at 7:32 PM, Guest Andrea said:

So if he can, I feel conflict.  President wants the secretary resigned so he makes a motion.  It should ask Vice President take a floor, president can make a motion so won’t feel conflict.  Or have someone make a motion.  Or have all the board agree at the same page.    

Under the small board rules in RONR, the President is permitted to make motions and speak in debate while presiding. Such rules are typically followed by boards with not more than about a dozen members present. The theory is that the appearance of impartiality for the presiding officer is of less importance in a small board.

The board is not under an obligation to follow the small board rules, and the board is also free to follow some of the small board rules but not others. If the board does not follow the small board rules in this respect, then the rule on this matter would indeed be that the President should relinquish the chair to the Vice President if the President wishes to make a motion or speak in debate, and would not return to presiding until the motion is disposed of. I would suggest, however, that whatever decision the board makes in this matter should be followed uniformly, and not vary depending on the subject matter of the motion.

I would also note that I am not quite sure what you mean by "President wants the secretary resigned so he makes a motion." A resignation is, by definition, a voluntary act. The Secretary may request to resign, and if so, a member may move that this request be granted (or as is more commonly the case, the chair simply asks if there is any objection to accepting the resignation). Neither the President nor anyone else may make a motion to "resign" the Secretary if the Secretary has not made such a request.

Perhaps, however, what you mean to say is that the President wants the Secretary removed. In that event, you should first check your bylaws to see if they say anything concerning removal. If your bylaws are silent on this matter, see FAQ #20 for more information on the appropriate procedures for removal.

You also make reference to the fact that this may occur during a Zoom meeting. I would note that electronic meetings are only permissible if authorized in the bylaws or applicable law. To the extent meeting in this manner is permitted, the fact that the meeting is held via Zoom would not change the rules on this subject. The rule would be the same whether the meeting is held in-person or via Zoom.

On 6/29/2023 at 4:41 AM, puzzling said:

I think it is important (even under small board rules) to have an impartial chair. So I would preferif some other member than the chair makes a possibly emotionally contested motion.

I do not agree. The small board rules explicitly provide that the chair is free to make motions and speak in debate. If an assembly is using the small board rules, I do not see a reason for the presiding officer to relinquish the chair on the sole grounds that the chair made the motion and is speaking in debate.

I also assume you meant to say that it is important for the chair to maintain the appearance of impartiality. Even were the small board rules not in effect, RONR doesn't prohibit the presiding officer from having opinions, simply from expressing those opinions while presiding.

Edited June 29, 2023 at 05:47 PM by Josh Martin