Parliamentarian Report

[adavis]

Recently, my local chapter was confronted with a situation involving a member who has been granted alumna status by the national chapter as of May 1st. According to the national organization, alumna members are no longer responsible for dues or any chapter or national payments. The local chapter has a major event in May and is asking the alumna member to pay an assessment for an event that will take place when she is no longer a full member.  The member asked our Parliamentarian to rule on this and she asked the area Parliamentarian (above her) to make the determination. Since both the local chapter and the national chapter's by-laws were silent on this matter, the area Parliamentarian ruled that the member changing her status was not responsible for the payment. Our Parliamentarian sent her report to members in advance of the monthly meeting. She then made the report in person at the monthly meeting which included the area Parliamentarian's ruling. The chair asked if there was any questions or discussion. Hearing none, she thanked the Parliamentarian for her report. Now it seems that some members are upset because they didn't read the report or listen during the meeting and they want the soon to be alumna member to pay. As there was no discussion or questions and the report was accepted as read, did there have to be a vote in order for her report to be binding?

[Josh Martin]

On 2/28/2024 at 8:50 AM, adavis said:

The member asked our Parliamentarian to rule on this and she asked the area Parliamentarian (above her) to make the determination.

I would note that under RONR, the parliamentarian is simply an advisor, and does not make "rulings." But it may be your bylaws provide differently.

Since I am not familiar with any of the rules in question, I am in no position to express a view on the correctness of the parliamentarian's opinion.

On 2/28/2024 at 8:50 AM, adavis said:

As there was no discussion or questions and the report was accepted as read, did there have to be a vote in order for her report to be binding?

As I understand the facts, this report was informational only, and was informing the chapter of the advice (or perhaps "ruling," if that is what your bylaws provide) from the area parliamentarian. Reports aren't "binding." So no, there should not be any vote on this matter. The report says what it says, whether the members like it or not.

If the members wish to order the member to pay the assessment, then I suppose a member should make a motion to that effect. I don't think the report, in itself, means that such a motion is out of order, unless your organization's bylaws do in fact give the Parliamentarian authority to make "rulings." Even to the extent they do, that doesn't necessarily mean the ruling is the last word. Under RONR, a ruling is made by the chair (possibly with advice from the parliamentarian), but that ruling may be appealed to the assembly, which is the ultimate judge of its own rules.

I would caution, however, that in this case the question is not concerning the interpretation of the chapter's own rules, but is concerning the interpretation of the rules of the national organization, which is superior to the local chapter, and its rules take precedence. It will ultimately be up to the national organization to interpret its rules on this matter, and it seems the organization already has an opinion on this subject, as we are told the national organization says "alumna members are no longer responsible for dues or any chapter or national payments." The organization has been advised by a parliamentarian from a higher level that the member is exempt from this assessment under the national organization's bylaws, since the event will occur when the person is an alumna member.

While I suppose the organization is free to defy this advice if it wishes (unless the bylaws provide otherwise), I'm not certain it is wise to so. I imagine the national organization may react unfavorably to such a decision.

Edited February 28, 2024 at 06:08 PM by Josh Martin

[Rob Elsman]

I have never heard of a parliamentarian presenting a report at a meeting.  If, for historical purposes, the parliamentarian wishes to enshrine the reasons for his advice, the most he should do is submit his writing to the organization's historian for archiving.

[adavis]

Thank you all. The Parliamentarian was asked to look into the matter concerning the member who was going on alumna status and she reported back to the membership during its monthly business meeting. There were no questions or discussion.  I understand that the membership can vote on assessing the member at the next business meeting, however the National organization has already approved her new status. This whole issue involves a lot of money for an event that the member can't take part in as a full member. We'll wait to see what's next. Again, my thanks!

[Bruce Lages]

Well, no, you can't 'vote on assessing the member at the  next business meeting.' If the national organization's rules stipulate that alumna members are no longer responsible for dues or any national or chapter payments - and you already seem to have an opinion from your own parliamentarian that this means the member is not required to pay the assessment - then I think the only thing you can still do is ask the national organization parliamentarian to either confirm or refute your parliamentarian's opinion. If the national parliamentarian concurs with your parliamentarian, then that should settle the matter.

[Josh Martin]

On 2/29/2024 at 8:29 PM, adavis said:

Thank you all. The Parliamentarian was asked to look into the matter concerning the member who was going on alumna status and she reported back to the membership during its monthly business meeting. There were no questions or discussion.  I understand that the membership can vote on assessing the member at the next business meeting, however the National organization has already approved her new status. This whole issue involves a lot of money for an event that the member can't take part in as a full member. We'll wait to see what's next. Again, my thanks!

I want to be clear - if it is in fact correct that the member is exempt from these payments, the membership cannot assess the member. The national organization's rules take precedence. But my understanding is that it is the belief of at least some members of the local chapter that the rule in question is not applicable in this instance, notwithstanding the advice of the area parliamentarian in this matter.

Also, can you clarify what exactly the dispute is here? My understanding is that there is believed to be a "gray area" in the event that the organization levies an assessment prior to the date at which a person becomes an alumna member, but the event occurs after the person becomes an alumna member. The advice from the area parliamentarian is that the date of the event is controlling, and some members of the local chapter believe the date of the assessment is controlling. Does that sum things up?

On 2/29/2024 at 9:21 PM, Bruce Lages said:

Well, no, you can't 'vote on assessing the member at the  next business meeting.' If the national organization's rules stipulate that alumna members are no longer responsible for dues or any national or chapter payments - and you already seem to have an opinion from your own parliamentarian that this means the member is not required to pay the assessment - then I think the only thing you can still do is ask the national organization parliamentarian to either confirm or refute your parliamentarian's opinion. If the national parliamentarian concurs with your parliamentarian, then that should settle the matter.

Certainly, if it is in fact correct that the member is exempt from these payments, the membership cannot assess the member. The national organization's rules take precedence.

What I understand the OP to be saying is that at least some members of the local chapter disagree with the interpretation of the local parliamentarian and area parliamentarian in this matter. (It's not yet clear whether these members represent a majority of the chapter.) Nothing in RONR prevents the organization from disregarding a parliamentarian's advice.

So I'm not sure I agree that "the only thing you can still do is ask the national organization parliamentarian to either confirm or refute your parliamentarian's opinion." I am inclined to agree that is the wiser course of action, but if the local chapter feels it knows the national organization's bylaws better than the local parliamentarian or area parliamentarian, and feels like the best course of action is to just move ahead with its interpretation rather than checking with the national organization first, I suppose it's free to do so.

This seems like a terrible idea to me and seems likely to land the chapter in a great deal of trouble with the national organization, but nothing in RONR requires them to listen to my advice either.

Edited March 1, 2024 at 01:27 PM by Josh Martin