MindBenders - Parliamentary Procedure

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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 October 2003:

What are the rules for proper use of the gavel at a meeting?
All references are to RONR 10th ed

An organization may have adopted rules or have a custom, but as far as RONR is concerned, the following applies:

1. on p. 225:
"CHAIR: The ayes have it and the meeting stands recessed [or, 'in recess'] for fifteen minutes [rapping once with gavel, if desired]. At the end of the specified time, the chair gains the attention of the assembly and begins: CHAIR: 'The convention [or 'meeting'] will come to order'. "

[Note that the chair may gain the attention of the assembly by a method other than the gavel, e.g. standing at the lectern and raising a hand and speaking.]

2. on p. 234:
"Since there is no objection, the meeting is adjourned. The adjournment may be signaled by a single rap of the gavel, if desired."

3. on p. 610:
"...this ceremony is often made a part of a closing banquet meeting, at which any presentations of gavels, pins, awards, or the like are also made."

4. on p. 626: (This is the only place in RONR where the use of the gavel is actually specified by rule.)
"If a member commits only a slight breach of order�such as addressing another member instead of the chair in debate, or, in a single instance, failing to confine his remarks to the merits of the pending question�the chair simply raps lightly, points out the fault, and advises the member to avoid it. The member can then continue speaking if he commits no further breaches."

5. on p. 626:
"Under no circumstances should the chair attempt to drown out a disorderly member-either by his own voice or the gavel-or permit himself to be drawn into a verbal duel."

6. on p. 374:
"It should be noted that, under legitimate parliamentary procedure, there is no such thing as 'gaveling through' a measure. The right of members to debate or introduce secondary motions cannot be cut off by the chair's attempting to put a question to vote so quickly that no member can get the floor..."

p. 24
"When the time of a meeting has arrived, the presiding officer opens it, after he has determined that a quorum is present, by calling the meeting to order. He takes the chair (that is, occupies the presiding officer's station in the hall), waits or signals for quiet, and while standing, announces in a clear voice, 'The meeting will come to order,' or, 'The meeting will be in order'."

[Note: signaling for quiet does not necessarily mean using the gavel.]