Quick answers to questions on parliamentary procedure

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Agenda (1) Boards (2) bylaws (2) Debate (2) Elections (4) Minutes (3) Officers (3) Presiding (1) Quorum (1) Voting (3)

Wednesday, July 7, 2010

Adopting a Motion without a Quorum

Do you have to establish in your policies that the group abide by a quorum? If a motion was adopted without a quorum, can it be recinded?

Abiding by quorum is a fundamental principle of parliamentary law.  It is not only required by Robert's Rules of Order Newly Revised, but it is well-settled in the courts that a quorum must exist before any group can take action.  If your organization has not defined quorum in its bylaws, then by common law the quorum is a majority of the members.  If a quorum is not present, then the choices for action are limited to motions to adjourn, recess, set up an adjourned meeting, or to take measures to obtain a quorum.

Robert's Rules of Order Newly Revised states: "In the absence of a quorum, any business transacted is null and void" (page 336). Therefore, there is no need to recind a motion adopted without a quorum because the motion is null and void.

In certain cases, there may be a special need to adopt a motion that is of a timely nature, such as might be necessary to abide by a contractual obligation or for an emergency.  If a quorum is not present, those attending can take action in the hope that it will be ratified at a future meeting.  If, however, the organization fails to ratify, the action taken is the responsibilty and liability of only those who attended the meeting where there was no quorum.

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