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 May 2005:

All references are to RONR 10th ed

Question: Why do you "adopt" the Auditor's Report instead of "accepting" or "receiving" it, or does it make a difference?

Answer: Yes, it makes a difference. RONR says that "to adopt" or "to accept" are equivalent terms and the effect is identical. Adopting or accepting an Auditor's report means that the assembly has become accountable for the report and is in agreement as to its accuracy. That is very different than just casually saying, "Okay, thank you, that was an interesting and informative report.", which is really all that is done with most reports during the year that are just "received" and "placed on file".

Refer to RONR pp. 490-401:

"As applied to an assembly's action with respect to board or committee reports or any of their contents, the expressions adopt, accept, and agree to are all equivalent - that is, the text adopted becomes in effect the act or statement of the assembly. It is usually best to use the word adopt, however, since it is the least likely to be misunderstood."

"A common error is to move that a report 'be received' after it has been read - apparently on the supposition that such a motion is necessary in order for the report to be taken under consideration or to be recorded as having been made. In fact, this motion is meaningless, since the report has already been received. Even before a report has been read, a motion to receive it is unnecessary if the time for its reception is established by the order of business, or if no member objects (see also below)."

"Another error - less common, but dangerous - is to move, after the report has been read (or even before the reading), that it 'be accepted,' when the actual intent is that of the mistaken motion to receive, as just explained, or of a legitimate motion to receive made 'before' the report is read. If a motion 'to accept' made under any of these circumstances is adopted and is given its proper interpretation, it implies that the assembly has endorsed the complete report."

Also refer to RONR p. 462: "If the auditors' report consists only of an endorsement on the financial report - to the effect that it has been found correct...the treasurer can simply read out this certification as he concludes the presentation of his own report. After the treasurer has made his report to the assembly (and after any detailed report presented by the chairman of the auditing committee, if it is needed), the chair states the question on adopting the auditors' report. The adoption of the auditors' report has the effect of relieving the treasurer of responsibility for the period covered by his report, except in case of fraud."