Re: Ponderance of the week: Grab your Robert's Rules and give me your thoughts. -- Max's Meeting Maxims

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Date Posted: 00:13:01 03/26/02 Tue
Author: answer
Subject: Re: Ponderance of the week: Grab your Robert's Rules and give me your thoughts.
In reply to: Max 's message, "Ponderance of the week: Grab your Robert's Rules and give me your thoughts." on 19:45:06 03/20/02 Wed

>Under general parliamentary law, is it necessary to
>second a motion, in a deliberative assembly having a
>board membership of five or fewer, in order for an
>item of business to be acted on, where the board's
>bylaws do not address the issue specifically? (an
>answer will be provided after a few responses are
>given)

It is USUAL but not necessary in ALL cases for a motion to be seconded for an item of business to be acted on by a board.
Two notable ways in which a motion survive to be enacted without a second are: 1) At any time, if the presiding officer(the chair) "puts" the motion before the assembly when no second has been given or noted; and 2)when a motion is presented by a committee it is assumed to have the second of at least one other member to be the committee's recommendation and therefore does not need to be seconded when it comes before the assembly (board in this case)for binding action to be taken.

This is called "assuming" (by the chair) a second is not the only thing that can be assumed in this way by a presiding officer. Such assumptions should be clear cut usages and not overly commonplace unless the rules of the assembly so reflect is appropriate. It should be an occasional or even seldom used power which the chair has. The neutrality of the chair must remain of paramount importance when considering this approach.

The balancing interest is that of the group being able to act upon the business that it has before it by agenda or costituent demand. When the interests of the deliberative assembly are believed to be in support of acting on or otherwise disposing of a given item of business, and seems itself to be mired into a standstill by the mere lack of a second for whatever reasoning, it is the duty of the chair to move the business forward. This being said, if the chair, in hindsight, was mistaken or overzealous in their assumption of the assembly's wishes to act or dispose of the item of busniess, they may appeal any action of the chair and if the motion is passed has the recourse of rescinding (recission), reconsidering, or any other instrument that the assembly allows to bring given items of business before it again for review and action.

A motion can actually be assumed as well. Bear in mind anything that can be "moved" can also be objected to and when unsure any member may reserve the right to object, or reserve the right to withdraw a motion if they are the maker of the motion.

There is a general exception to this fact, as well, which is the understanding and application of the assembly's (board in this case) bylaws and corporate charter. If anything is in conflict with the charter or the bylaws, it will not stand, if corrected or objected to as a binding action of the board.

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