MindBenders - Parliamentary Procedure

This is where we will post questions and situations that will test your knowledge of parliamentary procedure. If you have a parliamentary Mind Bender or Brain Teaser that you would like to share, send it to mindbenders@parlipro.org and we will print the best ones here. Unless otherwise noted, the parliamentary authority is Robert's Rules of Order Newly Revised (RONR), 10th edition. The informal parliamentary opinions expressed here follow general principles of parliamentary law and Robert's Rules of Order Newly Revised (RONR), 10th edition, and are based solely on the brief summary of facts presented, without the benefit of having reviewed the bylaws and other governing documents. An association's own bylaws, covenants, Articles of Incorporation, Special Rules of Order, and local or state laws will supersede what RONR says. A significant difference in facts could result in different conclusions being reached. If there is much at stake, readers are encouraged to seek a formal written parliamentary opinion from a Professional Registered Parliamentarian, which includes a thorough review of the organization's bylaws and governing documents. Nothing here should be construed as an interpretation of statutory law.

Answer to Mind Bender for January 2004:

All references are to RONR 10th ed

Question: I am trying to find what section of Robert's Rules prohibits the Chair from debating a question or motion on the floor. I understand the Chair has the right to speak on a motion or question, but I believe there is a rule which prohibits the chair from debating from the chair. I believe the chair the must give the chair to a pro tem chairman, and then may debate an issue. Is this correct? If so, where can I find this in Robert's Rules?

For assemblies other than small boards, refer to RONR 10th ed pp. 382-383, Rule Against Chair's Participation in Debate:

"If the presiding officer is a member of the society, he has�as an individual�the same rights in debate as any other member; but the impartiality required of the chair in an assembly precludes his exercising these rights while he is presiding. Normally, especially in a large body, he should have nothing to say on the merits of pending questions. On certain occasions�which should be extremely rare�the presiding officer may believe that a crucial factor relating to such a question has been overlooked and that his obligation as a member to call attention to the point outweighs his duty to preside at that time."

In order to take enter into debate, the chairman must relinquish the chair to the vice president or another member who has not spoken on the question and who does not wish to speak on it. The chair may designate a temporary chairman who is assumed to receive the assembly's approval by unanimous consent unless other person(s) are nominated by the assembly and the matter is decided by vote.

The presiding officer should not return to the chair until the pending main question has been disposed of, as the impartiality of the chair has been compromised with regard to that particular issue. Leaving the chair frequently in this manner may cause the members to lose confidence in the impartiality of the chair.

The rules for small boards, however, are different. Refer to RONR 10th ed p. 470-471, PROCEDURE IN SMALL BOARDS:

"In a board meeting where there are not more than about a dozen members present, some of the formality that is necessary in a large assembly would hinder business."

The rules for meetings of small boards are different from the rules that govern other assemblies, in the following ways:

Members need not obtain the floor prior to making motions or speaking, and they may remain seated.
Seconds are not required.
The number of times a member can speak in debate on a question is not limited, and motions to end debate (Previous Question) or to limit debate generally should not be considered.
While no motion is pending, informal discussion of a subject is permitted.
If a proposal is clear to those in attendance, a vote can be taken without a motion being made.
A show of hands may be the preferred method of taking the vote.
It is not necessary for the chairman to rise when putting a question to a vote.
The chairman can enter debate without rising or relinquishing the chair.
Subject to a rule or custom of the particular board, the chairman usually can make motions and vote without the limitations of larger assemblies where the chairman should maintain an appearance of impartiality.

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