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 March 2004:

All references are to RONR 10th ed

Question: How is an agenda set for a meeting and which officer is responsible for preparing the agenda and making it available to the committee?

Refer to RONR 10th ed p. 443: It is a duty of the secretary: "To prepare, prior to each meeting, an order of business for the use of the presiding officer, showing in their exact order, under the correct headings, all matters known in advance that are due to come up and�if applicable�the times for which they are set."

Note, however, that this is not an agenda. The secretary prepares an order of business for use of the presiding officer because this information would be found in the minutes of the preceding meeting. An agenda is something different. Refer to RONR 10th ed p. 360: "By a single vote, a series of special orders or general orders�or a mixture of both�can be made; and such a series is called an agenda."

Until adopted by the assembly by a majority vote, there is no agenda, just a guideline that is not binding on the assembly. After adopted, the agenda is binding and can be changed by a two-thirds vote. (Perhaps your organization is required to prepare an agenda so many days in advance of the meeting and post it for the public, which is not the same thing that Robert's Rules calls an agenda.)

Also see RONR 10th ed pp. 342-343: "The presiding officer may find it helpful to have it hand a memorandum of the complete order of business, listing, under headings (2) and (3) as explained below, all known reports which are expected to be presented, and under headings (4) and (5), all matters which the minutes show are due to come up, arranged in proper sequence or, where applicable, listed with the times for which they have been set. The secretary can prepare, or assist the presiding officer to prepare such a memorandum. In this connection, regarding the practice in some societies or assemblies of providing each member with a copy of the expected agenda in advance of a meeting, see page 363 at the end of this chapter."

Also, RONR 10th ed p. 363: "AGENDA PROVIDED IN ADVANCE FOR INFORMATION. In some organizations, it is customary to send each member, in advance of a meeting, an order of business or agenda, with some indication of the matters to be considered under each heading. Such an agenda is often provided for information only, with no intention or practice of submitting it for adoption. Unless a precirculated agenda is formally adopted at the session to which it applies, it is not binding as to detail or order of consideration, other than as it lists preexisting orders of the day (pp. 353 ff.) or conforms to the standard order of business (pp. 24-25, 342 ff.) or an order of business prescribed by the rules of the organization (pp. 15-17, 24)."