Approval by consensus - is it appropriate? If so when and how?

[Guest Mark Hutton]

I moderate our board and have been using "approval by consensus" when the item is not controversial and all seem to be in agreement. After discussion and no dissention has been given, I say, "if there is no objection the motion will be approved by consensus. Is this appropriate? Also a statement was made that  "Using consensus is not an auditable method of action's approval."  Can you please address this? Thank you.

[Joshua Katz]

On 8/20/2023 at 9:50 AM, Guest Mark Hutton said:

I moderate our board and have been using "approval by consensus" when the item is not controversial and all seem to be in agreement. After discussion and no dissention has been given, I say, "if there is no objection the motion will be approved by consensus. Is this appropriate?

Well, the term in RONR is unanimous consent, but other than that, it seems appropriate, so long as it is not overused. Personally, I don't love it. A person may be unwilling to speak up in response to such a call, but would vote no given the chance.

On 8/20/2023 at 9:50 AM, Guest Mark Hutton said:

Also a statement was made that  "Using consensus is not an auditable method of action's approval."  Can you please address this? Thank you.

I'm not sure what they mean. Is there some special audit requirement in your organization, or imposed by law?

[Josh Martin]

On 8/20/2023 at 9:50 AM, Guest Mark Hutton said:

I moderate our board and have been using "approval by consensus" when the item is not controversial and all seem to be in agreement. After discussion and no dissention has been given, I say, "if there is no objection the motion will be approved by consensus. Is this appropriate?

RONR refers to this as "unanimous consent" or "without objection." (RONR actually disapproves of the term "consensus.") Other than the terminology, however, the procedure you describe is consistent with RONR.

On 8/20/2023 at 9:50 AM, Guest Mark Hutton said:

Also a statement was made that  "Using consensus is not an auditable method of action's approval."  Can you please address this?

I don't know what is meant by this, so I don't know how to address it.

Edited August 20, 2023 at 02:58 PM by Josh Martin

[Atul Kapur]

On 8/20/2023 at 10:50 AM, Guest Mark Hutton said:

"Using consensus is not an auditable method of action's approval." 

How would the person who made that suggestion suggest that a voice vote or rising vote could be "audited"?

Several corporate statutes I am familiar with state that a record in the minutes is evidence of the decision (but is not irrefutable). Ask the person why the presiding officer's judgement on "which side has it" on a voice vote is different from that person's judgement on whether there is an objection.

[Gary Novosielski]

On 8/20/2023 at 10:50 AM, Guest Mark Hutton said:

I moderate our board and have been using "approval by consensus" when the item is not controversial and all seem to be in agreement. After discussion and no dissention has been given, I say, "if there is no objection the motion will be approved by consensus. Is this appropriate? Also a statement was made that  "Using consensus is not an auditable method of action's approval."  Can you please address this? Thank you.

It's a terminology issue.  "Consensus" decision making means something else, and is strongly deprecated, so stay away from it like a "bad word".  See RONR (12th ed.) pp. xlvii–xlviii.

Your current phrasing is similar to "seeking unanimous consent" and that's perfectly cromulent under RONR rules.  See [RONR (12th ed.) 4:58  But that happens in lieu of a discussion and vote. And when it's properly done it does get entered in the minutes, so it's perfectly "auditable".

But once discussion has taken place, that ship has sailed, and you hold a vote.  Still, the fact that there has been no stated dissent is a good reason to move things along, and put the question, e.g., Does any member wish to speak in opposition?  <pause> If not, <pause> the question is on the motion to.... Those in favor....

If anyone objects before the vote begins, you can stop and recognize them, but when reminded in this way people tend to realize that further "debate" in favor of the motion would be pointless.