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CAN THE CHAIR SAY NO?
By Eli Mina, M.Sc.

Imagine this series of events: At a Board meeting, the Chair announces the next agenda item, which is very sensitive, complex and contentious. Immediately a Board member makes a motion, intended to address the issue. The motion is promptly seconded and debate ensues.

Twenty minutes into the debate it becomes clear that the motion has significant flaws that make it difficult to implement. The Chair then informs the Board that he had contacted a lawyer about the issue, and that the lawyer had prepared three options for decision making, all of which were legally workable. Members are rightly annoyed: “Why didn’t you tell us earlier, so we could save some time?” The Chair says: “I was going to, but I had no choice but to deal with a motion that was duly moved and seconded.

The above example illustrates how myths about parliamentary procedure can end up wasting precious time in meetings. The myth in this case is that, if a motion is moved and seconded, the Chair has no option but to put it before the group and open debate on it, regardless of how flawed the motion may be. This assumption not only collides with common sense. It is also procedurally incorrect.

Does the Chair have the authority to stop a problematic motion from being debated? Yes, the Chair has the authority and also the duty to do so, even if the motion has been moved and seconded.

Under Parliamentary Procedure, a motion that is moved and seconded is not automatically opened for debate. Debate begins only after the Chair states the motion and places it before the group, by saying: “It is moved and seconded that _______. Is there any discussion on this motion?” After the Chair states the motion, it becomes “pending” before the assembly and stops belonging to the mover.

Stating the motion (as shown above) is not an automatic step. The Chair is entitled to refuse to state a motion on the grounds that it is out of order, or because it needs improvement in wording, or – as in the above case – because there is a better researched and legally documented motion that should be considered first.

Using the above step, the Chair could slow things down by saying: “Thank you ____ for your motion. Do you mind waiting before proposing it? There is a report from our legal counsel and it has some good analysis and decision-making options. We are dealing with a sensitive and tricky issue, and it is important that we do it right. I would ask ____ to please circulate the report from our lawyer.

As a better option, the Chair can prevent the loss of time by pre-circulating important reports to Board members in advance of a meeting. The Chair can further draw members’ attention to a report at the start of the agenda item to which it is relevant.

 



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Information about Eli Mina:

Eli Mina, M.Sc., PRP, is a Vancouver (Canada) based management consultant, executive coach, and Registered Parliamentarian. In business since 1984, Eli consults his clients on board effectiveness, chairing contentious meetings, preventing and dealing with disputes and dysfunctions, demystifying the rules of order, and minute taking standards. Eli's clients come from municipal government, school boards, regulatory bodies, credit unions, colleges and universities, native communities, businesses, and the non-profit sector.

Eli is the author of the newly published "101 Boardroom Problems and How to Solve Them." He is also the author of several other books and publications on meetings, shared decision-making and minute taking (see Eli Mina's Books at www.elimina.com ). Eli can be reached at 604-730-0377 or via e-mail at eli@elimina.com.


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