Agenda is adopted "with flexibility"

[Drake Savory]

I hear this all of the time and it hurts my parliamentarian brain.  The purpose is to allow the Chair to move business items around as need be but it seems ... wrong.

1)  Do any of our parliamentarians NOT have a problem with an agenda being adopted with flexibility and can tell me why I shouldn't either?

2)  If the motion to adopt the agenda with flexibility is passed, then is Call for the Orders of the Day out of order?

3a)  If instead of "with flexibility" the agenda is simply adopted, can the Chair on their own call for unanimous consent to Suspend the Rules to change the order on the agenda?

3b)  And if there is an objection, can the Chair make that motion themselves?

[Josh Martin]

On 7/24/2023 at 12:45 PM, Drake Savory said:

I hear this all of the time and it hurts my parliamentarian brain.  The purpose is to allow the Chair to move business items around as need be but it seems ... wrong.

I would note, for starters, that the concept of adopting an agenda "with flexibility" is not a phrase which is defined in RONR.

I will assume for the remainder of my responses that:

• In this organization, it is understood by custom and practice that to adopt an agenda "with flexibility" means "to allow the Chair to move business items around as need be."
• However, the organization does not have any rules governing the use of this practice, and so the rules in RONR are controlling.

On 7/24/2023 at 12:45 PM, Drake Savory said:

1)  Do any of our parliamentarians NOT have a problem with an agenda being adopted with flexibility and can tell me why I shouldn't either?

It does not seem advisable to me to authorize the chair, on his own authority, to rearrange the agenda as he sees fit. It would seem to me to be preferable to instead follow the standard rules for amending the agenda after its adoption. The chair could still request unanimous consent to amend the agenda, but in the event such consent is not obtained, the usual procedures would be required.

On 7/24/2023 at 12:45 PM, Drake Savory said:

2)  If the motion to adopt the agenda with flexibility is passed, then is Call for the Orders of the Day out of order?

I would first note, as a threshold matter, that it seems to me a motion to adopt an agenda "with flexibility," with the defined meaning given of authorizing the chair, on his own authority, to move items of business around, would require a 2/3 vote for adoption. The reason for this is that such a motion effectively creates rules of order for the meeting superseding the ordinary rules pertaining to amending the agenda.

Assuming the assembly does adopt such a motion, I don't think this quite means the motion "Call for the Orders of the Day" is categorically out of order. It does not seem to me that the fact that the assembly has strayed from the agenda necessarily means that the chair has amended the agenda. It may well be the chair inadvertently failed to call for the proper item on the agenda. In such cases, I would think the Call for the Orders of the Day would be handled the same as usual.

The chair could, however, announce he is changing the agenda, either in advance or in response to the Call for the Orders of the Day. Under such circumstances, it seems to me the chair could then correctly state "The chair appreciates the member's reminder, however, the chair has rearranged the agenda, pursuant to the authority granted to the chair by the assembly. The item announced by the chair is the order of the day."

But this is all a guess based on a term I just learned today, so take this with a grain of salt.

On 7/24/2023 at 12:45 PM, Drake Savory said:

3a)  If instead of "with flexibility" the agenda is simply adopted, can the Chair on their own call for unanimous consent to Suspend the Rules to change the order on the agenda?

Yes, to the extent the chair does so for the purpose of facilitating the business of the assembly and not based upon the chair's personal preferences as a member.

On 7/24/2023 at 12:45 PM, Drake Savory said:

3b)  And if there is an objection, can the Chair make that motion themselves?

I wouldn't quite say that the chair could "make the motion themselves." Rather, the chair would proceed to take the vote on the assumed motion to rearrange the agenda.

Edited July 24, 2023 at 06:02 PM by Josh Martin

[Gary Novosielski]

@Josh Martin just saved me a lot of typing.  I quite concur, particularly concerning the chair "making" the motion.  Once unanimous consent has been called for, the chair would simply say:

"Objection is heard; the question is, shall the rules be suspended to take up the <item> out of its prescribed order?"  (Two thirds vote required)

Edited July 24, 2023 at 06:35 PM by Gary Novosielski