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 2006:

All references are to RONR 10th ed

Question: Can a member be called out of order by the chair for making a motion that is contrary to something that an organization has previously adopted? For example, a member makes a motion to allow a particular activity group to use the organization's facility on Tuesdays. The facility is already in use on Tuesdays by a different group. Can the chair call this motion out of order?

Answer: Refer to Robert's Rules of Order Newly Revised (RONR), 10th edition, p. 332:

"Likewise, motions are out of order if they conflict with a motion that has been adopted by the society and has been neither rescinded, nor reconsidered and rejected after adoption. Such conflicting motions, if adopted, are null and void unless adopted by the vote required to rescind or amend the motion previously adopted."

In other words, motions that have been previously adopted and are still in effect should first be rescinded or amended and, until that is done, the chair could rule any conflicting motion out of order. But then all the mover of the new motion need do is restate the motion as a motion to Rescind or Amend Something Previously Adopted, and then it would be in order.

Such a motion to Rescind or Amend Something Previously Adopted takes a two-thirds vote without previous notice OR a vote of a majority of the membership of the body meeting (which may be easier to attain with a Board). With previous notice it only takes a majority vote of the members present and voting. If it goes unnoticed that a newly adopted motion is in conflict with something previously adopted, then it is null and void UNLESS it was adopted by the margin stated above for a motion to Rescind or Amend Something Previously Adopted.

By the way, a MEMBER is not called out of order, but the chair rules a MOTION out of order. The only time a MEMBER is ruled out of order by the chair is when they are being disorderly or indecorous in debate.