Ratnott Posted September 14, 2010 at 10:54 PM Report Share Posted September 14, 2010 at 10:54 PM When can a motion that has been seconde be ruled out of order by the chair?? Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 14, 2010 at 11:05 PM Report Share Posted September 14, 2010 at 11:05 PM When some rule is being broken by introducing the motion. However, the Chair must state the reason for ruling the motion out of order and that ruling (with a very few exceptions) can be Appealed. Link to comment Share on other sites More sharing options...
Greg Posted September 15, 2010 at 05:28 AM Report Share Posted September 15, 2010 at 05:28 AM When can a motion that has been seconde be ruled out of order by the chair??Ratnott,The Chair can right fully rule a motion OOO if it violates one of your bylaws, any portion of your constitution or charter (if you have one) a local, state, or federal law, or is outside the scope of your organization. I'm no parliamentarian, but I've had some experience with an out of control chair. I've also found that some Chairs will rule motions OOO if it mimimizes their power or increases the memberships power. If the ladder is the case, your best option, at the time the motion is ruled OOO, state...I appeal the decision of the Chair, you'll need a second and some like minded members in the majority to overrule the Chairs decision. Good luck. Link to comment Share on other sites More sharing options...
abcdave Posted September 15, 2010 at 01:17 PM Report Share Posted September 15, 2010 at 01:17 PM Ratnott,The Chair can right fully rule a motion OOO if it violates one of your bylaws, any portion of your constitution or charter (if you have one) a local, state, or federal law, or is outside the scope of your organization. I'm no parliamentarian, but I've had some experience with an out of control chair. I've also found that some Chairs will rule motions OOO if it mimimizes their power or increases the memberships power. If the ladder is the case, your best option, at the time the motion is ruled OOO, state...I appeal the decision of the Chair, you'll need a second and some like minded members in the majority to overrule the Chairs decision. Good luck.Someone PLEASE come up with a better way to say OOO Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 15, 2010 at 02:51 PM Report Share Posted September 15, 2010 at 02:51 PM Someone PLEASE come up with a better way to say OOOUm......... how about Out of Order? Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 15, 2010 at 07:11 PM Report Share Posted September 15, 2010 at 07:11 PM Someone PLEASE come up with a better way to say OOOFor the sake of forum guests who use the search facility to locate questions and/or replies in which they have a special interest, I, too, wish we could avoid the use of uncommon or non-standard acronyms. Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 15, 2010 at 07:54 PM Report Share Posted September 15, 2010 at 07:54 PM For the sake of forum guests who use the search facility to locate questions and/or replies in which they have a special interest, I, too, wish we could avoid the use of uncommon or non-standard acronyms.Indeed a good point. As long as they also know to search for Out of Odrer, Quoram, Resend, and a host of other variations on parlemintory preceedures!! Link to comment Share on other sites More sharing options...
Trina Posted September 17, 2010 at 10:17 AM Report Share Posted September 17, 2010 at 10:17 AM ....The Chair can right fully rule a motion OOO if it violates one of your bylaws, any portion of your constitution or charter (if you have one) a local, state, or federal law, or is outside the scope of your organization.....I do not believe a motion in violation of law is automatically out of order. It is only actions which violate 'applicable procedural rules' (see RONR p. 4, for example) prescribed by the law that are out of order by their nature. Link to comment Share on other sites More sharing options...
George Mervosh Posted September 17, 2010 at 01:37 PM Report Share Posted September 17, 2010 at 01:37 PM I do not believe a motion in violation of law is automatically out of order. It is only actions which violate 'applicable procedural rules' (see RONR p. 4, for example) prescribed by the law that are out of order by their nature.I think it was Gary c (I know what the lil "c" stands for) Tesser who pointed out years ago, that motion to rob a bank is not necessarily out of order since it violates no procedural rule in statute, though it may fall outside of the scope of the society, which still doesn't mean it can't be entertained. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 18, 2010 at 03:20 PM Report Share Posted September 18, 2010 at 03:20 PM I think it was Gary c (I know what the lil "c" stands for) Tesser who pointed out years ago, that motion to rob a bank is not necessarily out of order since it violates no procedural rule in statute, though it may fall outside of the scope of the society, which still doesn't mean it can't be entertained.If memory serves (and what are the odds of that?) earlier versions of RONR did prohibit the consideration of motions whose effect if adopted would be a violation of law. Somewhere along the line that seems to have been changed. It might even have been with the current (2000) edition. I favor the current interpretation, though not to promote robbery. The thought I had was more along the lines of a human rights group trying to decide upon and plan actions of civil disobedience. Link to comment Share on other sites More sharing options...
hmtcastle Posted September 18, 2010 at 03:27 PM Report Share Posted September 18, 2010 at 03:27 PM If memory serves . . . earlier versions of RONR did prohibit the consideration of motions whose effect if adopted would be a violation of law. Somewhere along the line that seems to have been changed. It might even have been with the current (2000) edition.FWIW, the 75th Anniversary Edition (1951) states: "No motion is in order than conflicts with the laws of the nation, or state . . . " (p.201). Link to comment Share on other sites More sharing options...
Josh Martin Posted September 19, 2010 at 06:35 AM Report Share Posted September 19, 2010 at 06:35 AM If memory serves (and what are the odds of that?) earlier versions of RONR did prohibit the consideration of motions whose effect if adopted would be a violation of law. Somewhere along the line that seems to have been changed. It might even have been with the current (2000) edition. Such changes do indeed appear to have been made in the 10th edition. The change and the rationale behind it are discussed in the preface. "References to federal, state, and local laws are restricted, wherever appropriate, to procedural rules prescribed by such laws, in recognition of the fact that rules of parliamentary procedure are concerned with the process by which a deliberative assembly arrives at a decision, and not with the wisdom, or even legality, of the decision itself. For similar reasons, the rule prohibiting rescission of a motion which is in the nature of a contract has been eliminated." (RONR, 10th ed., pg. xxi) Link to comment Share on other sites More sharing options...
Guest POCO Posted October 29, 2011 at 03:21 PM Report Share Posted October 29, 2011 at 03:21 PM We have several members who want e-mails to go out to the membership giving medical information about members. For example: "Nancy Jones' husband was severely injured in an auto accident at 2 a.m. on Friday and is in ABC hospital in critical condition. Please send cards to (address)." A subordinate board believes this request has significant potential for legal liability for disclosing private medical information, especially if the information is second or third-hand. If a motion is presented to the membership, can the Presiding Officer speak to the motion and consider it out-of-order. The concern is that the membership will vote to approve this practice leaving the Board wide-open for diseminating the medical information. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 29, 2011 at 03:25 PM Report Share Posted October 29, 2011 at 03:25 PM We have several members who want e-mails to go out to the membershipIf a motion is presented to the membership, can the Presiding Officer speak to the motion and consider it out-of-order.Please post your question as a new topic. This topic ended over a year ago. Link to comment Share on other sites More sharing options...
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