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 October 2006:

All references are to RONR 10th ed

Question: A vote is taken on a motion and the motion passes. Who is responsible for seeing that the effects of the passed motion are executed? Can the presiding officer 'sit' on the results of the vote, taking no action, with the hope that a future vote will overturn the vote just taken?

Answer: Refer to Robert's Rules of Order Newly Revised (RONR), 10th edition, p. 440. In many organizations, the president has administrative duties that are unrelated to parliamentary law, but the president only has such authority as the bylaws provide. Your bylaws may authorize the president to assume responsibility for certain things outside of meetings, but your bylaws may instead give such responsibility to an Executive Secretary or some other individual.

Generally speaking, when a motion is adopted, instructions are given in regard to the action to be taken. For example, suppose a motion is adopted that the association purchase a new computer. At that time it may be advisable to authorize some member to take responsibility for that task. Otherwise, things may not get done if everybody thinks someone else will be taking care of it.

It is the duty of the presiding officer to make a COMPLETE announcement of the results of each vote. Refer to Robert's Rules of Order Newly Revised (RONR), 10th edition, p. 46, in particular step number three.

"...the chair's announcement of the result of the vote should include the following:
1) Report of the voting itself, stating which side 'has it'...
2) Declaration that the motion is adopted or lost.
3) STATEMENT INDICATING THE EFFECT OF THE VOTE, OR ORDERING ITS EXECUTION, IF NEEDED OR APPROPRIATE....
4) Where applicable, announcement of the next item of business...."

For example:
CHAIR: The question is on the adoption of the motion that the Club purchase a one-year certificate of deposit in the amount of $2,000. Those in favor, say 'aye.' [pause] . . . Those opposed to the motion, say 'no.' [pause] . . . The 'ayes' have it and the motion is adopted. The Treasurer will write a check in the amount of $2,000 and the Secretary will prepare a cover letter and mail it to the First National Bank. Is there further new business?

If the chairman doesn't order the execution of the vote, it is the responsibility of the members to call the assembly's attention to that fact by raising a Point of Order. When the rules are not being followed, it is every member's right to insist on their enforcement.