MindBenders - Parliamentary Procedure

Mind Benders and Brain Teasers:

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 2007:

All references are to RONR 10th ed

Question:

After a recent meeting, a member of our (small) board expressed concern that another board member, right after a motion was seconded, spoke strongly against the motion. The concerned board member felt the other member should have asked questions, listened to other board members, etc., before expressing a negative opinion. He felt it unduly influenced the rest of the board. I explained that a member has a right to speak against a motion "right out of the chute" if he wishes. Some members may feel it's better to ask questions, but there's certainly nothing wrong with strongly opposing a motion immediately. In fact, I thought, sometimes it needs to be done immediately so other members and constituents know where board members stand.

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Answer:

The maker of a motion always has a RIGHT to speak first to his/her motion. Refer to Robert's Rules of Order Newly Revised (RONR), 10th edition, p. 41:

"Immediately after stating the question, the chair should turn toward the maker of the motion to see if he wishes to be assigned the floor first in debate - to which the maker has the right if he claims it before anyone else has been recognized, even though others may have risen and addressed the chair first."

According to RONR p. 381, the maker cannot speak against his own motion:

"In debate, the maker of a motion, while he can vote against it, is not allowed to speak against his own motion. He need not speak at all, but if he does he is obliged to take a favorable position. If he changes his mind while the motion he made is pending, he can, in effect, advise the assembly of this by asking permission to withdraw the motion (pp. 283-86)."

After the maker has had the opportunity to express the positive in regard to the motion if he wishes to do so, then it would be perfectly in order for another member to express the negative. By the way, seconds are not needed in small boards of not more than about a dozen members present, per RONR p. 470.