Robert’s Rules of Order incidental motions play a key role in preserving the structure of a meeting and ensuring it flows seamlessly. Organization members, including homeowners and leaders in HOA communities, would do well to familiarize themselves with these motions and what they do.
What Are Robert’s Rules of Order Incidental Motions?
In Robert’s Rules of Order, incidental motions are a category of parliamentary motions that arise incidentally while considering other business. These motions deal with procedures and questions that are incidental or related to the main motion under discussion. Unlike privileged motions, incidental motions do not precede the main motion. Instead, they are subsidiary to the main motion, and the assembly tackles them in the order they arise.
Types of Robert’s Rules of Order Incidental Motions
Here are the types of incidental motions in Robert’s Rules of Order.
1. Point of Order
- Purpose: To correct a rule violation.
- No second needed.
- Not debatable.
- The presiding officer decides on the ruling.
- Can’t be reconsidered.
- Outcome: Unless a member repeals the decision, the chair’s ruling prevails.
A point of order rectifies a rule violation when the presiding officer fails to address it or commits a rule breach. It should not be invoked for minor violations, though. It must be raised at the time of the infraction. However, if the violation persists, members can raise a point of order anytime.
What are violations of a continuing nature? These include the following:
- An adopted main motion conflicts with the governing documents of an organization or federal, state, or local laws.
- An adopted main motion conflicts with a previously adopted and still effective main motion. To validate the motion, members must rescind or amend the prior adoption.
- Any action that violates basic parliamentary principles.
- Any action that violates rules protecting either the absent or individual member.
2. Appeal from the Decision of the Chair (Appeal)
- Purpose: To oppose the ruling of the chair, allowing members to vote on the opposition.
- Needs a second.
- The motion must take place upon the ruling.
- Debatable. However, there is no room for debate if it concerns the rules of speaking, the order of business, or a ruling on an undebatable motion.
- Not amendable.
- The chair’s ruling persists upon a majority or tie vote.
- Can be reconsidered.
- Outcome: Either opposes or upholds the ruling of the chair.
A Robert’s Rules of Order motion to appeal must immediately occur after the chair makes a ruling. The chair speaks first on the appeal, followed by other members, and the chair has the final say before the vote. A majority vote is necessary to uphold the chair’s decision if members support the chair’s decision, business proceeds per the ruling.
3. Requests and Inquiries
Members can seek information through requests and inquiries, which don’t need motions. A parliamentary inquiry is one way to obtain information, where members ask questions about parliamentary procedures, and the chair provides the answers.
Another method is through a point of information, where members request details about the topic under discussion. These requests and inquiries are always directed to or through the chair.
Request for Permission to Withdraw or Modify a Motion
- Purpose: Withdraw or alter a motion without a formal vote.
- No second required if seeking permission to withdraw; a second is needed when modifying the motion.
- Non-debatable.
- Vote through general consent when seeking permission to withdraw.
- The vote to modify is subject to reconsideration, but only the negative vote in withdrawing the motion can be reconsidered.
- Outcome: Withdrawal erases the motion as if it was never proposed, while modification presents the motion in its altered form to the assembly.
Before the chair announces a motion, the one who made it can freely withdraw or modify it without assembly permission. Once the chair states the motion, it becomes the assembly’s. At this point, the maker must seek permission to modify or withdraw.
If the chair hasn’t stated the motion, the maker can withdraw it without the seconding person’s consent. However, modifying the motion requires the consent of the seconder. If they withdraw their second, someone else must second it.
If someone wishes to propose a change before the chair states the motion, they can ask the maker’s permission. The changed motion is pending if accepted, much like a friendly amendment.
When a motion is under discussion, the maker seeking withdrawal requires assembly permission. If there’s an objection, it’s put to a vote.
Withdrawn motions aren’t recorded in minutes unless they carry over from a previous meeting.
Request to be Excused from a Duty
- Purpose: Permits a member, with assembly consent, to be excused from duties outlined in the bylaws.
- Requires a second if formally moved by the member seeking to be excused; no second needed if proposed by another member.
- Can be amended.
- Open for debate.
- Needs a majority vote, often resolved through general consent.
- Outcome: Once a member is excused, only the negative vote is eligible for reconsideration.
When members can’t fulfill assigned duties according to the bylaws, they must formally request assembly permission to be excused. For non-compulsory duties, members can decline without seeking assembly approval.
If a member can’t continue duties during their term or committee service, they should submit a resignation to the secretary. The chair then puts the resignation to a vote. The member can’t abandon duties until the resignation is accepted.
4. Object to Consideration of a Question
- Purpose: Preventing the main motion from being discussed.
- No need for a second.
- Non-debatable.
- Requires a two-thirds negative vote to block consideration.
- Only a negative vote can be reconsidered, not an affirmative one.
- Outcome: If two-thirds vote against it, the current meeting cannot discuss the motion. However, it can be proposed again at a future meeting.
This motion should not be used to delay proceedings. It’s only warranted if a member believes the motion could cause division within the assembly. Anyone, including the presiding officer, can raise this objection. The chair promptly votes on whether to consider the motion, and the objection must be raised before any discussion starts. A two-thirds vote against consideration is necessary to uphold the objection.
5. Division of the Assembly
- Purpose: Expressing doubt about the vote result.
- No need for a second.
- Non-debatable.
- Outcome: The vote is promptly retaken using a method different from the one initially employed.
6. Division of the Question
- Purpose: Splitting a motion with multiple independent topics into separate motions. Applicable to main motions and their amendments.
- Requires a second.
- Can be amended.
- Non-debatable.
- Majority vote.
- Cannot be reconsidered.
- Outcome: The motion is divided, allowing the assembly to consider each part individually without impacting the others.
A member may not organize their thoughts or get carried away, resulting in multiple tasks under a single motion. In this case, it’s important to divide the question into parts for better structure.
7. Suspend the Rules
- Purpose: Temporarily waive an assembly rule (excluding bylaws, the corporate charter, fundamental parliamentary law principles, or rules protecting absent members or individual rights).
- Requires a second.
- Non-debatable.
- Non-amendable.
- A two-thirds vote is needed to suspend a parliamentary order or order of business; a majority vote is required to suspend a standing rule.
- Cannot be reconsidered.
- Outcome: Rules are temporarily waived, allowing members to act contrary to the usual rules.
The motion to suspend the rules is primarily used to address a specific item of business outside its usual agenda order or to set aside a procedural or ordinary standing rule. Examples of its application include:
- Allowing the assembly to address a matter out of its regular agenda order.
- Temporarily halting rules of debate and amendment to proceed with an immediate vote.
- Suspending an ordinary standing rule related to society policies, meeting times, or administrative matters.
However, members may not suspend rules that concern fundamental principles of parliamentary law.
The Final Word
When it comes to Robert’s Rules of Order, incidental motions can be of great use. Members of an organization, including HOAs, should understand how to use incidental motions and motions to appeal. In doing so, they can carry out meetings efficiently and according to a set standard.
