Power of the Chair

[Guest Employee]

Can the Commission Chair stop another Commissioner from talking about a topic if the Chair feels that the issue being discussed is out of order or harmful to the image of the Commission? Does this also apply to a citizen who is making remarks the Chair feels are disruptive?

[Chris Harrison]

Can the Commission Chair stop another Commissioner from talking about a topic if the Chair feels that the issue being discussed is out of order...

Yes, subject to Appeal (RONR pp. 626-628).

...or harmful to the image of the Commission?

Maybe. Depends on what is being said that is so harmful.

Does this also apply to a citizen who is making remarks the Chair feels are disruptive?

Yes, subject to Appeal if the assembly had granted permission for the nonmember to speak. If no permission was granted then the Chair can rule the person out of order and order his removal from the hall (subject to Appeal). See RONR pp. 628-629.

[Kim Goldsworthy]

Can the Commission Chair stop another Commissioner from talking about a topic if the Chair feels that the issue being discussed is out of order or harmful to the image of the Commission?

Do you mean?

• In a letter or in an e-mail?

• Before a meeting?

• After a meeting?

• During off hours?

The answer is "No."

If you mean, "during a meeting," then the answer is a qualified "yes". - The chair might be wrong. The topic might not be harmful. The issue might not be out of order.

If the chair is correct in all aspects, then "yes." - An out of order motion or an out of order discussion may be interrupted by the chair.

***

We get a lot of questions pertaining to chairmen who think that the chair is supreme in all aspects of meeting business, and who think they can suppress motions and suppress discussion - when, in fact, they are the problem.

Statistically, I am assuming that your case fits this too-often seen case. - Your chair just might be trying to create his own little fiefdom.

Thus my caution and my concern.

[Rob Elsman]

Can the Commission Chair stop another Commissioner from talking about a topic if the Chair feels that the issue being discussed is out of order or harmful to the image of the Commission? Does this also apply to a citizen who is making remarks the Chair feels are disruptive?

If the chairman intervenes and makes a ruling, he must give a brief statement of the reason for his ruling, which is entered on the minutes. It should be clear from the nature of the ruling and the reason given whether the chairman is performing his duty or just abusing his power.

[Guest Daisy County]

Do you mean?

• In a letter or in an e-mail?

• Before a meeting?

• After a meeting?

• During off hours?

The answer is "No."

If you mean, "during a meeting," then the answer is a qualified "yes". - The chair might be wrong. The topic might not be harmful. The issue might not be out of order.

If the chair is correct in all aspects, then "yes." - An out of order motion or an out of order discussion may be interrupted by the chair.

***

We get a lot of questions pertaining to chairmen who think that the chair is supreme in all aspects of meeting business, and who think they can suppress motions and suppress discussion - when, in fact, they are the problem.

Statistically, I am assuming that your case fits this too-often seen case. - Your chair just might be trying to create his own little fiefdom.

Thus my caution and my concern.

Thank you for your response. My question pertains to a public meeting. Several topics were broached in a recent meeting that Commissioners took personal issue with and proceded to argue loudly in front of the public. One of the topics may be a litigation matter within the next week and I believe that the Chair felt it in bad form to discuss the matter due to this. The matter pertained to an employee's recent disciplinary action. One Commissioner felt that the punishment the employee received from the Manager was unjust and also commented on how he felt it was unfairly reported to the public by the press. He was allowed to speak his peace, but I believe, in light of said employee retaining an attorney and in the interest of keeping any defamatory comments from accidentally being said, the Chair ended the meeting with a motion from another Commissioner. Would appreciate your thoughts on this as you now have... the rest of the story. Thanks in advance.

[J. J.]

Thank you for your response. My question pertains to a public meeting. Several topics were broached in a recent meeting that Commissioners took personal issue with and proceded to argue loudly in front of the public. One of the topics may be a litigation matter within the next week and I believe that the Chair felt it in bad form to discuss the matter due to this. The matter pertained to an employee's recent disciplinary action. One Commissioner felt that the punishment the employee received from the Manager was unjust and also commented on how he felt it was unfairly reported to the public by the press. He was allowed to speak his peace, but I believe, in light of said employee retaining an attorney and in the interest of keeping any defamatory comments from accidentally being said, the Chair ended the meeting with a motion from another Commissioner. Would appreciate your thoughts on this as you now have... the rest of the story. Thanks in advance.

Such a situation would most properly be handled in executive session(closed to nonmembers). If you are a local government, you might to talk with your solicitor, as these types of meetings are sometimes cover by state "sunshine laws."