QUICK FIXES

 

Quick Fixes:  Frequently Asked Questions and Answers

Readers of this column are invited to submit questions to Dr. Bierbaum via e-mail.   The column is updated periodically with answers to questions of general interest.

Q:    What is a parliamentarian?

A:    A parliamentarian is an advisor who assists the assembly in following proper procedures.  The parliamentarian should always be seated next to the presiding officer during meetings.   Only the chairman makes rulings, never the parliamentarian.   The parliamentarian, however, may occasionally be called on to explain a complicated procedure to the assembly.

Q:    What is "Robert's Rules of Order?"

A:    Robert's Rules of Order Newly Revised is the parliamentary authority adopted by the majority of volunteer and nonprofit groups in the United States.  The latest edition is the 10th edition which was first published (Perseus Publishing) in October, 2000.  The bylaws should specify the adopted parliamentary authority with the following language:  "The rules contained in the current edition of ________ shall govern the Society in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Society may adopt."   Many other parliamentary authorities are available, one of the most prominent being The Standard Code of Parliamentary Procedure by Alice Sturgis (4th ed., 2001, McGraw-Hill, revised by The American Institute of Parliamentarians).

Q:    During a committee meeting of three members, a motion is moved but not seconded.  The chair ruled the motion defeated.  Was the chair correct?

A:    No.   Motions do not require seconds in small boards and committees of fewer than twelve members.

Q:    Why do motions need to be seconded?

A:    The purpose of a second is to ensure that at least two persons (the mover and the seconder) wish to consider the motion.  If a motion is not seconded, it is defeated since only one person (the mover) wants to consider the motion.   Neither the mover nor the seconder are required to vote for the motion.

Q:    A motion was discussed and adopted without having been seconded.   Was the vote valid?

A:    Yes.  Once discussion commenced, the absence of a second became irrelevant. 

Q:    At our October meeting we voted to raise the dues.    At the following meeting in November a member moved to reconsider but was ruled out of order.   Was this correct?

A:    Yes.   The motion to reconsider is in order only during the same session that the original vote was taken.   At later meetings, a motion to rescind or amend the previously adopted motion would be in order.

Q:    Last month we passed a motion to buy a new computer at a cost not to exceed $3,000.   But now, due to emergency repairs on the clubhouse, we only have $2,500 for the computer.   What should we do?

A:    The previously adopted motion authorizing an expenditure of $3,000 can be amended at any time providing that the computer has not yet been purchased and no contract has been signed.   Move to amend the previously adopted motion by striking out $3,000 and inserting a different figure.   This motion will require a two-thirds vote for adoption.

Q:    What is a pending motion?

A:    The term "pending motion" refers to a motion that has been moved, seconded, and stated by the chair.   At the time that a motion becomes pending, it ceases to be the property of the mover and becomes the property of the entire assembly.

Q:   After an hour of discussion on a pending motion that nobody seemed to favor, someone moved to lay the motion on the table and was ruled out of order.  Why?

A:   The motion to lay on the table should be ruled out of order if its intent is to avoid dealing with a pending motion.   The motion to lay on the table should be admitted only when there is a clear intent to bring the motion back either at this meeting or the following meeting.

Q:  What is a quorum?

A:  A quorum is the number of members who must be present to conduct business.   The quorum is stated in the bylaws, and may be either a fixed number or a percent of the membership.  Business may not be transacted in the absence of a quorum.

Q:    Someone called for a quorum count in the middle of our business meeting, and it was determined that a quorum was not present.   Was the entire meeting invalid?

A:    No.  Assuming that a quorum was present when the meeting began, all business transacted up to the point where the quorum count was taken was valid and binding.

Q:    When may the presiding officer vote?

A:    The presiding officer is never compelled to vote, but may vote (1) on any ballot vote, or (2) whenever the presiding officer's vote will be the decisive vote.   For example, if the vote on a main motion is 13 in favor and 12 opposed, the chair may cast the decisive vote by voting in the negative, thus creating a tie which defeats the motion.

 

Quick Fixes:  Materials for Sale

Presiding:  You Can Do It! by Dr. Gene Bierbaum.   Published by The American Institute of Parliamentarians, 2003.  Order from AIP.

How to be a Parliamentarian by Dr. Gene Bierbaum.  Published by The American Institute of Parliamentarians, 2004.  Order from AIP.

Parliamentary Perfect by Dr. Gene Bierbaum. Order from Parliamentary Associates, P. O. Box 1102, Independence, MO 64051-0602.

This is a "Listen-and-Learn" program in the language of effective business meetings. It consists of four hour-long audiocassettes with user’s guide. In addition to lecture materials, the tapes feature a cast of actors and actresses who portray real-life meeting situations.  Suitable for listening while driving your car or making dinner. Cost: $42.00.

Dr. Bierbaum will be happy to provide lists of materials for sale, upon request, from:

E-mail inquiries to ebierbaum@juno.com