40:1 As indicated in 3:3, a quorum in an assembly is the number of members (see definition, 1:4) who must be present in order that business can be validly transacted. The quorum refers to the number of members present, not to the number actually voting on a particular question.
40:2 Number of Members Constituting a Quorum. Depending on the organization and the provision it adopts in this regard, the number of members constituting a quorum may vary. As discussed below, most voluntary societies should provide for a quorum in their bylaws, but where there is no such provision, the quorum, in accordance with the common parliamentary law, is as follows:
1) In a mass meeting, the quorum is simply the number of persons present at the time, since they constitute the entire membership at that time.
2) In organizations such as many churches or some societies in which there are no required or effective annual dues and the register of members is not generally reliable as a list of the bona-fide members, the quorum at any regular or properly called meeting consists of those who attend.
3) In a body of delegates, such as a convention, the quorum is a majority of the number who have been registered as attending, irrespective of whether some may have departed. This may differ greatly from the number elected or appointed.
4) In any other deliberative assembly with enrolled membership whose bylaws do not specify a quorum, the quorum is a majority of all the members.
40:3 To accomplish their work, voluntary societies that have an enrolled membership generally need a provision in their bylaws establishing a relatively small quorum—considerably less than a majority of all the members. In most such organizations, it is rarely possible to obtain the attendance of a majority of the membership at a meeting. Sometimes the specification of a quorum is based on a percentage of the membership; but such a method has the disadvantage of requiring recomputation and may lead to confusion—for example, when the secretary, or other officer who is in a position to certify as to the current number of members for purposes of the percentage calculation, is absent. There is no single number or percentage of members that will be equally suitable as a quorum in all societies. The quorum should be as large a number of members as can reasonably be depended on to be present at any meeting, except in very bad weather or other exceptionally unfavorable conditions.
40:4 Note on Procedure in Changing the Quorum Provision in Bylaws. If it becomes necessary to change the quorum provision in a society’s bylaws, care should be taken, because if the rule is struck out first, the quorum will instantly become a majority of the membership, so that in many cases a quorum could not be obtained to adopt a new rule. The proper procedure is to strike out the old provision and insert the new provision, which is moved and voted on as one question.
40:5 Quorum in Boards and Committees. In a committee of the whole or its variations (52), the quorum is the same as in the assembly unless the rules of the assembly or the organization (that is, either its bylaws or its rules of order) specify otherwise. In all other committees and in boards, the quorum is a majority of the members of the board or committee unless a different quorum is provided for: (a) by the bylaws, in the case of a board or standing committee that the bylaws specifically establish; or (b) by a rule of the parent body or organization or by the motion establishing the particular committee, in the case of a committee that is not expressly established by the bylaws.
40:6 Proceedings in the Absence of a Quorum. In the absence of a quorum, any business transacted (except for the procedural actions noted in the next paragraph) is null and void. But if a quorum fails to appear at a regular or properly called meeting, the inability to transact business does not detract from the fact that the society’s rules requiring the meeting to be held were complied with and the meeting was convened—even though it had to adjourn immediately.
40:7 Even in the absence of a quorum, the assembly may fix the time to which to adjourn (22), adjourn (21), recess (20), or take measures to obtain a quorum. Subsidiary and incidental motions, questions of privilege, motions to Raise a Question of Privilege or Call for the Orders of the Day, and other motions may also be considered if they are related to these motions or to the conduct of the meeting while it remains without a quorum.
40:8 A motion that absent members be contacted during a recess would represent a measure to obtain a quorum. A motion to obtain a quorum may be moved as a main motion when no business is pending, or as a privileged motion that takes precedence over a motion to Recess (20). Such motions are out of order when another has the floor; must be seconded; are debatable except when privileged; are amendable; require a majority vote; and can be reconsidered. Motions to obtain a quorum are similar to a Call of the House, which can be ordered in assemblies having the power to compel attendance (see below).
40:9 The prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent, and a notice (10:44–51) cannot be validly given. If there is important business that should not be delayed until the next regular meeting, the assembly should fix the time for an adjourned meeting and then adjourn. If, instead, the members present take action informally in the absence of a quorum, they do so at their own risk. Although the assembly can later ratify their action (10:54–57), it is under no obligation to do so.
40:10 If a committee of the whole finds itself without a quorum, it can do nothing but rise and report to the assembly, which can then proceed as described above. A quasi committee of the whole or a meeting in informal consideration of a question can itself take any of the actions permitted an assembly in the absence of a quorum, but a quasi committee of the whole is thereby ended (see 52).
40:11 Before the presiding officer calls a meeting to order, it is his duty to determine, although he need not announce, that a quorum is present. If a quorum is not present, the chair waits until there is one, or until, after a reasonable time, there appears to be no prospect that a quorum will assemble. If a quorum cannot be obtained, the chair calls the meeting to order, announces the absence of a quorum, and entertains a motion to adjourn or one of the other motions allowed, as described above.
40:12 When the chair has called a meeting to order after finding that a quorum is present, the continued presence of a quorum is presumed unless the chair or a member notices that a quorum is no longer present. If the chair notices the absence of a quorum, it is his duty to declare the fact, at least before taking any vote or stating the question on any new motion—which he can no longer do except in connection with the permissible proceedings related to the absence of a quorum, as explained above. Any member noticing the apparent absence of a quorum can make a point of order to that effect at any time so long as he does not interrupt a person who is speaking. Debate on a question already pending can be allowed to continue at length after a quorum is no longer present, however, until a member raises the point. Because of the difficulty likely to be encountered in determining exactly how long the meeting has been without a quorum in such cases, a point of order relating to the absence of a quorum is generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrospectively by a ruling of the presiding officer, subject to appeal (24).1
40:13 In legislative bodies or other assemblies that have legal power to compel the attendance of their members, a procedure that can be used to obtain a quorum, if necessary, is the motion for a Call of the House. This is a motion that unexcused absent members be brought to the meeting under arrest. A Call of the House is not applicable in voluntary societies.
40:14 Assemblies in which there may be occasion to order a Call of the House should adopt a rule governing this motion and providing that if one third, one fifth, or some other number less than a majority of the members or members-elect are present, they can order a Call of the House by a majority vote. When a quorum is not present, this motion should take precedence over everything except a motion to Adjourn (21). If the rule allows the call to be moved while a quorum is actually present (for the purpose of obtaining a greater attendance), the motion at such times should rank only with questions of privilege, should require a majority vote for adoption, and, if rejected, should not be allowed to be renewed while a quorum is present.
40:15 When a Call of the House is ordered, the clerk calls the roll of the members, then calls again the names of the absentees—in whose behalf explanations of absence can be made and excuses can be requested. After this, no member is permitted to leave, the doors are locked, and the sergeant-at-arms, chief of police, or other arresting officer is ordered to take into custody absentees who have not been excused from attendance and bring them before the house. He does this on a warrant signed by the presiding officer and attested by the clerk. When arrested members are brought in, they are arraigned separately, their explanations are heard, and, on motion, they can be excused with or without penalty in the form of payment of a fee. Until a member has paid such a fee assessed against him, he cannot vote or be recognized by the chair for any purpose.
40:16 After a Call of the House has been ordered, no motion is in order, even by unanimous consent, except motions relating to the call. Motions to adjourn or dispense with further proceedings under the call, however, can be entertained after a quorum is present, or after the arresting officer reports that in his opinion a quorum cannot be obtained. An adjournment terminates all proceedings under the Call of the House.
41:1 The terms order of business, orders of the day, agenda, and program refer to closely related concepts having to do with the order in which business is taken up in a session (8) and the scheduling of particular business. The meaning of these terms often coincides, although each has its own applications in common usage.
41:2 An order of business is any established sequence in which it may be prescribed that business shall be taken up at a session of a given assembly. In the case of ordinary societies that hold frequent regular meetings, an order of business that specifies such a sequence only in terms of certain general types or classes of business and gives only the order in which they are to be taken up is normally prescribed for all regular meetings by the rules of the organization. The typical order of business of this kind is described in 41:5–27. In other cases, such as in a convention, an order of business expressly adopted for a particular session frequently assigns positions, and even times, to specific subjects or items of business; and to this type of order of business the terms agenda and program2 are applicable, as explained in 41:58–70. Although the terms order of business, agenda, and program relate primarily to the business of an entire session, the same terms are also applied to a part of the whole, in speaking of “the order of business,” “the agenda,” or “the program” of a meeting within a session.
41:3 An order of the day is an item of business that is scheduled to be taken up during a given session, day, or meeting, or at a given hour (unless there is business having precedence over it that interferes). The methods by which orders of the day can be made, their division into the classes of general orders and special orders, and their treatment in cases where they come into conflict are explained in 41:40–57. General orders and special orders are also discussed with particular reference to making them by means of the motion to Postpone in 14:13–17 (see also Call for the Orders of the Day, 18). Unless designated for particular hours or assigned positions item by item in an agenda or program formally adopted for a given session, general orders and special orders are taken up under assigned headings or in customary positions allotted to each of these categories in the order of business. (Note such headings in the “standard” order of business described below.)
41:4 Within a meeting in which the only items of business that are in order have been specified and set in sequence in advance—as might occur, for example, in a particular meeting of a convention—the orders of the day are identical with the order of business (which, in such a case, is in the form of an agenda or program).
41:5 Basic Headings Covering Business Proper. The customary or “standard” order of business comprises the following subdivisions:
1) Reading and Approval of Minutes
2) Reports of Officers, Boards, and Standing Committees
3) Reports of Special (Select or Ad Hoc) Committees
4) Special Orders
5) Unfinished Business and General Orders
6) New Business
41:6 In organizations that have adopted this book as parliamentary authority and that have not adopted a special order of business, this series of headings is the prescribed order of business for regular meetings, unless the periods intervening between consecutive regular meetings are usually more than a quarterly time interval (see 9:7). This standard order of business prescribes only the sequence of the headings, not the time to be allotted to each—which may vary with every meeting. Certain optional headings are also described following the detailed discussion of the regular headings below.
41:7 The presiding officer may find it helpful to have at hand a memorandum of the complete order of business, listing, under headings (2) and (3) as explained below, all known reports which are expected to be presented, and under headings (4) and (5), all matters which the minutes show are due to come up, arranged in proper sequence or, where applicable, listed with the times for which they have been set. The secretary can prepare, or assist the presiding officer to prepare, such a memorandum. In this connection, regarding the practice in some societies or assemblies of providing each member with a copy of the expected agenda in advance of a meeting, see 41:62.
41:8 After the presiding officer has called the meeting to order as described in 3:15, and after any customary opening ceremonies (see Optional Headings, 41:28–31 and 41:36), the meeting proceeds through the different headings in the order of business:
41:9 1. Reading and Approval of Minutes. The chair says, “The Secretary will read the minutes.” However, in organizations where copies of the minutes of each previous meeting as prepared by the secretary are sent to all members in advance, the chair announces that this has been done, and the actual reading of them aloud is omitted unless any member then requests that they be read. (For “dispensing” with the reading of the minutes—that is, not reading them for approval at the regular time—see 48:11.) If for any reason there are minutes of other meetings in addition to the last meeting that have not been read previously, they are each read and approved first, in order of date from earliest to latest. In all but the smallest meetings, the secretary stands while reading the minutes.
41:10 A formal motion to approve the minutes is not necessary, although such a motion is not out of order. After the minutes have been read (or after their reading has been omitted by unanimous consent as described in the previous paragraph), and whether or not a motion for approval has been offered, the chair asks, “Are there any corrections to the minutes?” and pauses. Corrections, when proposed, are usually handled by unanimous consent (4:58–63), but if any member objects to a proposed correction—which is, in effect, a subsidiary motion to Amend—the usual rules governing consideration of amendments to a main motion are applicable (see 12).
41:11 After any proposed corrections have been disposed of, and when there is no response to the chair’s inquiry, “Are there any corrections [or “further corrections”] to the minutes?” the chair says, “There being no corrections [or “no further corrections”] to the minutes, the minutes stand [or “are”] approved [or “approved as read,” or “approved as corrected”].” The minutes are thus approved without any formal vote, even if a motion for their approval has been made. The only proper way to object to the approval of the secretary’s draft of the minutes is to offer a correction to it.3 It should be noted that a member’s absence from the meeting for which minutes are being approved does not prevent the member from participating in their correction or approval.
41:12 The secretary’s draft of the minutes is often sent to all members in advance of the meeting at which those minutes are to be approved, usually with the meeting notice. When this has been done, it is presumed that the members have had an opportunity to review these draft minutes, and they are not read at the meeting unless a member requests it. Correction and approval, however, is handled in the usual way. A draft of the minutes circulated to members must be clearly marked as such. The secretary’s draft of the minutes, whether or not circulated before their approval, does not become the minutes—that is, the official record of the proceedings of the society—unless it is approved, and the minutes may be materially modified in the correction process. Only the secretary’s corrected version of the minutes is official in such a case.
41:13 2. Reports of Officers, Boards, and Standing Committees. In most societies it is customary to hear reports from all officers (47, 48), boards (49), and standing committees (50) only at annual meetings. At other meetings the chair calls only on those who have reports to make, as by saying (in calling upon the secretary), “Is there any correspondence?” Or, “May we have the Treasurer’s report.” Or, “The chair recognizes Mr. Downey, Chairman of the Membership Committee, for a report.” If the chair is uncertain, he may ask, for example, “Does the Program Committee have a report?” Standing committees listed in the bylaws are called upon in the order in which they are listed.
41:14 If an officer, in reporting, makes a recommendation, he should not himself move its implementation, but such a motion can be made by another member as soon as the officer has concluded his report. In the case of a committee report, on the other hand, the chairman or other reporting member should make any motion(s) necessary to bring the committee’s recommendations before the assembly for consideration. A motion arising out of an officer’s, a board’s, or a committee’s report is taken up immediately, since the object of the order of business is to give priority to the classes of business in the order listed.
41:15 If an item of business in this class is on the table (that is, if it was laid on the table at the present session, or at the preceding session if no more than a quarterly time interval has intervened (see 9:7), and if the item has not been taken from the table), it is in order to move to take such business from the table under this heading (see 17, 34).
41:16 (For procedures to be followed in making reports and in handling recommendations arising from reports, see 51.)
41:17 3. Reports of Special Committees. The special committees (50) that are to report are called on in the order in which they were appointed. Only those special committees that are prepared, or were instructed, to report on matters referred to them should be called on. Business incident to reports of special committees that is on the table can be taken from the table under this heading (17, 34).
41:18 4. Special Orders. Under this heading (referring to the explanation of Orders of the Day in 41:40ff.) are taken up the following in the order listed:
a) Any unfinished special orders (that is, special orders that were not disposed of at the preceding meeting)—taken in sequence beginning with the special order that was pending when that meeting adjourned if it adjourned while one was pending, and continuing with the remaining unfinished special orders in the order in which they were made (that is, were set by action of the assembly).
b) Items of business that have been made special orders for the present meeting4 without being set for specific hours—taken in the order in which they were made.
Regarding the interruption of business under this heading by special orders that have been set for particular hours, see 41:53–56.
41:19 Normally—unless an order of the day was made as a part of an agenda for a session—no motion is necessary at the time the order comes up, since the introduction of the question has been accomplished previously, as will be seen from the description of the methods by which orders of the day are made, in 41:42. When a special order that was so introduced comes up, the chair announces it as pending, thus: “At the last meeting, the resolution relating to funds for a new playground was made a special order for this meeting [or, if the special order was made by postponement, “… was postponed to this meeting and made a special order.”]. The resolution is as follows: ‘Resolved, That… [reading it].’ The question is on the adoption of the resolution.”
41:20 Matters that the bylaws require to be considered at a particular meeting, such as the nomination and election of officers, may be regarded as special orders for the meeting and be considered under the heading of Special Orders in the order of business. If a special order is on the table, it is in order to move to take it from the table under this heading when no question is pending (17, 34).
41:21 5. Unfinished Business and General Orders. The term unfinished business,5 in cases where the regular business meetings of an organization are not separated by more than a quarterly time interval (9:7), refers to questions that have come over from the previous meeting (other than special orders) as a result of that meeting’s having adjourned without completing its order of business (21:7(b)) and without scheduling an adjourned meeting (9, 22) to complete it.
41:22 A general order (as explained under Orders of the Day, below) is any question which, usually by postponement, has been made an order of the day without being made a special order.
41:23 The heading of Unfinished Business and General Orders includes items of business in the four categories that are listed below in the order in which they are taken up. Of these, the first three constitute “Unfinished Business,” while the fourth consists of “General Orders”:
a) The question that was pending when the previous meeting adjourned, if that meeting adjourned while a question other than a special order was pending.
b) Any questions that were unfinished business at the previous meeting but were not reached before it adjourned—taken in the order in which they were due to come up at that meeting as indicated under (a) and (c).
c) Any questions which, by postponement or otherwise, were set as general orders for the previous meeting, or for a particular hour during that meeting, but were not reached before it adjourned—taken in the order in which the general orders were made.
d) Matters that were postponed to, or otherwise made general orders for, the present meeting—taken in the order in which they were made.
Regarding the relationship between this heading in the order of business and general orders for particular hours, see 41:49–52.
41:24 The chair should not announce the heading of Unfinished Business and General Orders unless the minutes show that there is some business to come up under it. In the latter case, he should have all such subjects listed in correct sequence in a memorandum prepared in advance of the meeting. He should not ask, “Is there any unfinished business?” but should state the question on the first item of business that is due to come up under this heading; and when it has been disposed of, he should proceed through the remaining subjects in their proper order. If a question was pending when the previous meeting adjourned, for example, the chair might begin this heading by saying, “Under Unfinished Business and General Orders, the first item of business is the motion relating to use of the parking facilities, which was pending when the last meeting adjourned. The question is on the adoption of the motion ‘That… [stating the motion].’” Later under the same heading, in announcing a general order that was made by postponing a question, the chair might say, “The next item of business is the resolution relating to proposed improvement of our newly purchased picnic grounds, which was postponed to this meeting. The resolution is as follows: ‘Resolved, That… [reading the resolution].’ The question is on the adoption of the resolution.”
41:25 Any item of business (in whatever class) that is on the table can be taken from the table under this heading at any time when no question is pending (17, 34). To obtain the floor for the purpose of moving to take a question from the table at such a time, a member can rise and address the chair, interrupting him as he starts to announce the next item of business after the previous one is disposed of.
41:26 It should be noted that, with the exception indicated in the preceding paragraph, a subject may not be taken up under Unfinished Business and General Orders unless it has acquired such status by one of the formal processes (a), (c), or (d) listed in 41:23. If brief consultation during a meeting leads to an informal understanding that a certain subject should be “brought up at the next meeting,” that does not make it unfinished business. Instead, the matter would have to be introduced at the next meeting as new business, as explained below.
41:27 6. New Business. After unfinished business and general orders have been disposed of, the chair asks, “Is there any new business?” Members can then introduce new items of business, or can move to take from the table any matter that is on the table (17, 34), in the order in which they are able to obtain the floor when no question is pending, as explained in 3 and 4. So long as members are reasonably prompt in claiming the floor, the chair cannot prevent the making of legitimate motions or deprive members of the right to introduce legitimate business, by hurrying through the proceedings.
41:28 Optional Headings. In addition to the standard order of business as just described, regular meetings of organizations sometimes include proceedings in the categories listed below, which may be regarded as optional in the order of business prescribed by this book.
41:29 After the call to order and before the reading of the minutes, the next two headings may be included:
41:30 Opening Ceremonies or Exercises. Opening ceremonies immediately after the meeting is called to order may include the invocation (which, if offered, should always be placed first), the singing of the national anthem, the reciting of the Pledge of Allegiance to the flag, a ritual briefly recalling the objects or ideals of the organization, or the like.
41:31 Roll Call. In some organizations it is customary at meetings to call the roll of officers in order to verify their attendance—or, sometimes in very small societies, even to call the roll of members. If there is a roll call of this nature, it should take place at the end of the opening ceremonies unless a special rule of the organization assigns it a different position in the order of business. The chair announces it by saying, “The Secretary will call the roll of officers [or “will call the roll”].”
41:32 Consent Calendar. Legislatures, city, town, or county councils, or other assemblies which have a heavy work load including a large number of routine or noncontroversial matters may find a consent calendar a useful tool for disposing of such items of business. Commonly, when such a matter has been introduced or reported by a committee for consideration in the assembly, its sponsor, or, sometimes, an administrator, may seek to have it placed on the consent calendar. This calendar is called over periodically at a point established in the agenda by special rule of order, at least preceding standing committee reports. The matters listed on it are taken up in order, unless objected to, in which case they are restored to the ordinary process by which they are placed in line for consideration on the regular agenda. The special rule of order establishing a consent calendar may provide that, when the matters on the calendar are called up, they may be considered in gross or without debate or amendment. Otherwise, they are considered under the rules just as any other business, in which case the “consent” relates only to permitting the matter to be on the calendar for consideration without conforming to the usual, more onerous, rules for reaching measures in the body.
41:33 After the completion of new business—that is, when no one claims the floor to make a motion in response to the chair’s query, “Is there any further new business?”—the chair may proceed to one or more of the following headings, in an order that may be subject to variation determined by the practice of the organization.
41:34 Good of the Order, General Good and Welfare, or Open Forum. This heading, included by some types of societies in their order of business, refers to the general welfare of the organization, and may vary in character. Under this heading (in contrast to the general parliamentary rule that allows discussion only with reference to a pending motion), members who obtain the floor commonly are permitted to offer informal observations regarding the work of the organization, the public reputation of the society or its membership, or the like. Certain types of announcements may tend to fall here. Although the Good of the Order often involves no business or motions, the practice of some organizations would place motions or resolutions relating to formal disciplinary procedures for offenses outside a meeting (63) at this point. In some organizations, the program (see below) is looked upon as a part of the Good of the Order.
41:35 Announcements. The chair may make, or call upon other officers or members to make, any necessary announcements; or, if the practice of the organization permits it, members can briefly obtain the floor for such a purpose. The placing of general announcements at this point in the order of business does not prevent the chair from making an urgent announcement at any time.
41:36 Program. If there is to be a talk, film, or other program of a cultural, educational, or civic nature, it is usually presented before the meeting is adjourned, since it may prompt a desire on the part of the assembly to take action. Although the program is commonly placed at the end of the order of business in such cases, it can, by special rule or practice, be received before the minutes are read; or, by suspending the rules (25), it can be proceeded to at any time during the meeting. If, in courtesy to a guest speaker who is present, the chair wishes the talk to be located at an unscheduled point within the business portion of the meeting, he can usually obtain unanimous consent for a suspension of the rules by simply announcing, “If there is no objection, we will hear our speaker’s address at this time.”
41:37 Any particular item of business can be taken up out of its proper order by adopting a motion to Suspend the Rules (25) by a two-thirds vote, although this is usually arranged by unanimous consent (4:58–63). Hence, an important committee report or an urgent item of new business can be advanced in order to assure its full and unhurried consideration. If desired, before the completion of the advanced question the regular order of business can be returned to by a majority vote—by adopting a motion to lay the pending question on the table (17).
41:38 To take up a motion out of its proper order—for example, to introduce an item of new business before that heading is reached—a member who has obtained the floor can say, “I ask unanimous consent to introduce at this time a resolution on financing better schools.” If there is any objection, or the member anticipates that there may be, he can say, “I move to suspend the rules that interfere with the introduction at this time of…” If unanimous consent is given or if this motion is adopted by a two-thirds vote, the member is immediately recognized to introduce the resolution. If only one or two items stand ahead of the item it is desired to reach, it may be just as simple to lay the intervening items on the table individually (17), or to postpone them as they arise (14). It is not in order to lay on the table or postpone a class of questions, like committee reports, or anything but the question that is actually before the assembly. (See 14:10–11, 17:3(2), 17:14.)
41:39 The chair himself cannot depart from the prescribed order of business, which only the assembly can do by at least a two-thirds vote. This is an important protection in cases where some of the members principally involved in a particular question may be unable to be present through an entire meeting. When such a departure from the order of business is justified, however, it is usually easy for the chair to obtain the necessary authorization from the assembly. He can say, for example, “The chair will entertain a motion to suspend the rules, and take up…”; or (for obtaining unanimous consent), “If there is no objection, the chair proposes at this time to proceed to take up…” (see also illustration under the heading Program above).
41:40 An order of the day, as stated above, is a particular subject, question, or item of business that is set in advance to be taken up during a given session, day, or meeting, or at a given hour, provided that no business having precedence over it interferes. In cases where more than a quarterly time interval (9:7) will elapse before the next regular business session of the organization, an order of the day cannot be made for a time beyond the end of the present session. If the next regular business session will be held within a quarterly time interval, an order of the day cannot be made beyond the end of that next session. An order of the day cannot be taken up before the time for which it is set, except by reconsidering (37) the vote that established the order (so long as a reconsideration is possible), or by suspending the rules (25) by a two-thirds vote.
41:41 Orders of the day are divided into the classes of general orders and special orders. A special order is an order of the day that is made with the stipulation that any rules interfering with its consideration at the specified time shall be suspended except those relating: (a) to adjournment or recess (8, 20, 21); (b) to questions of privilege (19); (c) to special orders that were made before this special order was made; or (d) to a question that has been assigned priority over all other business at a meeting by being made the special order for the meeting as described in 41:57. An important consequence of this suspending effect is that, with the four exceptions just mentioned, a special order for a particular hour interrupts any business that is pending when that hour arrives. Since the making of a special order has the effect of suspending any interfering rules, it requires a two-thirds vote (except where such action is included in the adoption of an agenda or program for a session having no prescribed order of business). Any matter that is made an order of the day without being made a special order is a general order for the time named.
41:42 An item of business can be made an order of the day in the following ways:
1) While the question is pending, it can be postponed (14) to the specified time by a majority vote (in which case it is a general order); or, by a two-thirds vote, it can be postponed to that time and made a special order.
2) A question that has not yet been brought before the assembly can be made a special order for a future time by means of a main motion adopted by a two-thirds vote. Similarly, it is possible, although less common, to make a question that is not pending a general order for a future time by a majority vote.
3) An agenda or program assigning a specific position or hour to the item of business can be adopted. The subject is then a general order or a special order, depending on the form of the agenda or program (see 41:58). For the vote required to adopt an agenda, see Procedure for Adoption, 41:61.
41:43 Forms for Motions to Make General or Special Orders. The forms in proposing to make a pending question an order of the day for a future time by means of the motion to Postpone are given in 14:20.
41:44 When a question that is not pending is made an order of the day, it is usually made a special order. A main motion to make a particular subject a special order can be introduced whenever business of its class or new business is in order and nothing is pending. It can be offered in this form: “I move that the following resolution be made a special order for the next meeting: ‘Resolved, That…’”; or, “I offer the following resolution and move that it be made a special order for 3 P.M.: ‘…’” In the case of a committee report, a resolution such as this may be adopted: “Resolved, That the report of the committee on the revision of the bylaws be made the special order for Wednesday morning and thereafter until it has been disposed of.”
41:45 Motions in similar forms can also be used to make a question that is not pending a general order. In this connection, however, it should be noted that a majority can thus prevent a matter from coming before the assembly until a future time, but after a majority has taken such action, nothing less than a two-thirds vote can change it unless it is reconsidered (37). If a main motion to make a question that is not pending an order of the day for a future time is introduced, any member who would prefer to consider the matter immediately should speak in debate against the motion that would make it an order of the day. If that motion is voted down, he can then introduce the subject of the proposed order as a main question.
41:46 Relation of Orders of the Day to the Established Order of Business. In assemblies that follow the “standard” order of business explained above, orders of the day for a given session, day, or meeting that are not set for particular hours are taken up under the headings of Special Orders and Unfinished Business and General Orders (see 41:18–26). In cases where an ordinary society has adopted its own order of business for regular meetings, it usually includes similar headings covering such orders of the day. Where an organization’s order of business does not provide such headings, special orders not set for particular hours are taken up before unfinished business and general orders, or (if there are neither of these), at all events before new business. Under the same conditions, general orders are taken up after any unfinished business (that is, business pending at the adjournment of the previous meeting, if any, and orders of the day not disposed of at the time of its adjournment), and before new business unless a later hour is specified (see below).
41:47 The most common instances of orders of the day set for particular hours occur in conventions.
41:48 In any type of assembly, in cases where orders of the day have been set for particular hours, their consideration at the proper time may cause interruption or modification of the order of business as it exists apart from these orders of the day; and different orders of the day may come into conflict. Rules governing such cases are as follows:
41:49 Rules of precedence affecting general orders for particular hours. As stated above, a general order that has been set for a particular hour cannot be considered before that hour unless the rules are suspended by a two-thirds vote, or unless the vote that made the general order can still be reconsidered. This is the principal effect of making a subject a general order for a particular hour. Since the making of a general order does not suspend any rules, even if it is designated for a particular hour, delay in its consideration when that hour arrives may arise from a number of causes. Even though the hour fixed for a general order has arrived, the order can be taken up only when all of the following additional conditions are fulfilled:
a) no other business is pending;
b) no special order interferes;
c) no motion to Reconsider (37) that may then be moved or called up interferes;
d) the category of General Orders in the prescribed order of business has been reached or passed; and
e) all general orders that were made before this order was made, except any that were set for a time that has not yet arrived, have been disposed of.
As soon after the designated hour as conditions (a), (b), (d), and (e) are met, the chair announces the general order as the pending business; but as he starts to do so, any member can rise and address the chair for the purpose of moving or calling up a reconsideration.
41:50 The rule that a general order for a particular hour does not interrupt a pending question when that hour arrives holds even when the pending question is a general order that was made later.6 But if a general order for an earlier time is not reached by the time set for another general order that was made before it was, the general order that was made first is taken up in preference to the one for the earlier time.
41:51 Example. A motion is postponed to 4:30 P.M. Later, another motion is postponed to 4:15 P.M. If the 4:15 motion is taken up at that time (or at least before 4:30) and is not disposed of by 4:30, it continues under consideration and is not interrupted. But if the 4:15 motion is not reached by 4:30, the 4:30 motion, having been postponed first, has preference and will be taken up first. Unless something else affects the situation, the 4:15 motion in such a case will be considered after the disposal of the 4:30 motion.
41:52 If several general orders were made for the same time, they are taken up in the order in which they were made. If several general orders were made for the same time in the same motion, they are taken up in the order in which they are listed in the motion. If all of this business is not disposed of before adjournment, it is treated as described in 21:7 and 41:23.
41:53 Rules of precedence affecting special orders for particular hours. A special order for a particular hour cannot be considered before that hour except by a two-thirds vote. But when the designated hour arrives, the special order automatically interrupts any business that may be pending except: (a) a motion relating to adjournment or recess; (b) a question of privilege; (c) a special order that was made before the special order set for the present hour was made; or (d) the special order for a meeting, as described below. The chair simply announces the special order at the proper time, as shown in 14:22.
41:54 With the exception of the special order for a meeting, when special orders that have been made at different times come into conflict, the one that was made first takes precedence over all special orders made afterward, which rank in the order in which they were made. This rule holds even when special orders made later have been set for consideration at earlier hours. No special order can interfere with one that was made earlier than itself. If several special orders have been made at the same time for the same hour, they rank in the order in which they are listed in the motion by which they were made. If they were made at the same time for different hours, it is implied that the vote on each one will be taken when the hour for the next one arrives, and the same rules apply as those for taking up topics in an agenda (see 41:65).
41:55 Example. Assume that a special order has been made for 3 P.M. Thereafter, one is made for 2 P.M. Still later, one is made for 4 P.M. At two o’clock, the special order for that time is taken up, even if it interrupts a general order that is pending. However, if the 2 P.M. special order is still pending at 3 P.M., the 3 P.M. special order is immediately taken up—interrupting the one that is pending—because it was made first. Also, because the 3 P.M. order was made first, if it is still under consideration at four o’clock, it continues regardless of the order for that time. Even after the 3 P.M. order is disposed of, the 4 P.M. order must await completion of the prior-made 2 P.M. order, which is resumed first. Not until all of these special orders are disposed of, together with any others whose times are reached in the meantime, can the assembly return to its regular order of business, first resuming consideration of any subject that may have been interrupted at 2 P.M. It is possible, of course, to rearrange these special orders by reconsidering the votes that made them, or, if reconsideration is no longer possible (37), by suspending the rules and taking up each one of them in succession, only to postpone it and make it a special order for the desired new time.
41:56 It should be noted that a special order does not interfere with a recess or adjournment that is scheduled for a particular hour. When such an hour arrives, the chair announces it and declares the assembly in recess or adjourned, even if a special order is pending that was made before the hour of recess or adjournment was fixed. When the chair announces the hour, anyone can move to postpone the time for adjournment, or to extend the time of considering the pending question for a specified period. These motions are undebatable and require a two-thirds vote (see also 20:6–7, 21:14).
41:57 The special order for a meeting. When it is desired to devote an entire meeting to a subject, or as much of the meeting as may be necessary, the matter can be made the special order for the meeting (as distinguished from a special order for the meeting; see 41:18–20). The special order for the meeting will then be taken up as soon as the minutes have been approved, and the remainder of the order of business will not be taken up until this special order has been disposed of. Although the special order for a meeting takes precedence over all other forms of special orders, even if they were made before it was, the times of any such orders for particular hours that may come into conflict should be adjusted, as indicated in the last sentence of 41:55.
41:58 By a single vote, a series of special orders or general orders—or a mixture of both—can be made; such a series is called an agenda. When an hour is assigned to a particular subject in an agenda, that subject is thereby made a special order unless, by footnote or other means, it is stated that the time is intended merely for guidance, in which case the subject is only a general order. Subjects for which no hour is specified in an agenda are general orders.
41:59 In an agenda, often an hour is assigned only to such subjects as the calls to order, recesses, adjournments, and particularly important items of business where it is desired to give the members greater assurance that the matter will not be considered before that time. These, then, are special orders for the time stated, and a strict adherence to these times provides a protection to the members and invited speakers, who often come from great distances. Occasionally, a time is assigned for every item on the agenda. While this practice may be necessary in some cases, the resulting loss of flexibility often outweighs any benefits that may be gained.
41:60 Organizations and Meetings in Which Adoption of an Agenda Is Customary. It is customary to adopt an agenda or program for each session in organizations that do not hold frequent regular meetings, and at conventions and other sessions that may last for several days (see 59). This is also frequently done when, for any reason, neither the standard order of business nor a special order of business established by rule of the organization is practical or applicable.
41:61 Procedure for Adoption. In cases in which an agenda is adopted, usually this is done at the outset of a session and the agenda is intended to cover the entire session. At a session having no prescribed or adopted order of business, such an agenda is followed as a guide by the chair pending its formal adoption and can be adopted by majority vote, even if it contains special orders; it is then the order of business for that session. At a session that already has an order of business, an agenda can be adopted by a majority vote only if it does not create any special orders and does not conflict with the existing order of business; otherwise, a two-thirds vote is required (see also 25:12).
41:62 Agenda Provided in Advance. In some organizations, it is customary to send each member, in advance of a meeting, an order of business or agenda, with some indication of the matters to be considered under each heading. Such an agenda is often provided for information only, with no intention or practice of submitting it for adoption. Unless a precirculated agenda is formally adopted at the session to which it applies, it is not binding as to detail or order of consideration, other than as it lists preexisting orders of the day (41:40ff.) or conforms to the standard order of business (3:16, 41:5ff.) or an order of business prescribed by the rules of the organization (2:16, 3:16).
41:63 Changing an Agenda. When the adoption of a proposed agenda is pending, it is subject to amendment by majority vote. After an agenda has been adopted by the assembly, no change can be made in it except by a two-thirds vote, a vote of a majority of the entire membership, or unanimous consent. (See also Taking Up Business out of Its Proper Order, 41:37–39; cf. 59:59.) An affirmative vote to adopt an agenda may not be reconsidered.
41:64 Agenda in the Form of a Program. In reference to an order of business specially adopted for a given session, the term program is often used instead of agenda; but while the latter technically includes only items of business, the former may include also the times for speakers, meals, and other nonbusiness matters.
41:65 Taking Up Topics in an Agenda. When the assigned time for taking up a topic in an agenda arrives, the chair announces that fact. Then he puts to a vote any pending questions without allowing further debate, unless someone immediately moves to lay the question on the table, postpone it, or refer it to a committee. If any of these subsidiary motions are moved, they are likewise put to a vote, together with any amendment to them, without debate. Besides these subsidiary motions, a motion to extend the time for considering the pending question is in order. While an extension under these conditions is seldom desirable and is often unfair to the next topic, it is sometimes necessary, and a motion for the extension can be adopted without debate by a two-thirds vote (see also 18). As soon as the business that was pending has been disposed of as described, the chair recognizes the member who is to offer the motion or resolution embodying the scheduled topic (unless the question has previously been introduced and has come over from an earlier time, in which case the chair announces it as the pending business).
41:66 Declaring a Scheduled Recess or Adjournment. When a recess or adjournment has been scheduled for a particular hour (either by provision in the adopted agenda or program or by adoption of a motion setting the time) and that hour arrives, the chair announces it and, unless a member promptly seeks the floor for one of the purposes described below, declares the assembly in recess or adjourned. (However, if the Previous Question has already been ordered on one or more pending motions when the hour for a recess or adjournment arrives, there usually will be no objection to the chair’s putting them all to a vote in succession before declaring the assembly to be in recess or adjourned.)
41:67 When the chair announces the hour, any member can move to reschedule the time for recess or adjournment, or to extend the time of considering the pending question for a specified period. These motions are undebatable and require a two-thirds vote; see also 18:8, 20:6–7, and 21:14. Before declaring the meeting adjourned, the chair must allow, in addition to the motions just described, any of the parliamentary steps that would be in order when a privileged motion to Adjourn is pending or has just been voted for (see 21:10–12).
41:68 In the case of a recess, any pending business is interrupted for the recess, and taken up again after the recess. In the case of an adjournment, see Carrying Over Unfinished Business below.
41:69 Advisability of Providing for Unfinished Business. At intervals or near the end of the session, an agenda should include provision for unfinished business. In agendas in which most or all of the items are special orders for particular times, it may be necessary to provide for unfinished business near the end of each day’s sitting. Such provisions give the assembly a recourse whenever it needs a little more time before voting on a question. It can postpone a question to a time provided for unfinished business or, at all events, can conclude consideration of a question during such a period. Otherwise, a pending question that is merely postponed until the disposal of the next item—since it becomes only a general order—may be severely buffeted by the remaining special orders. Its further consideration would depend upon the next or some successive items taking less time than allotted, and it might soon be interrupted again by the next subject for which a time was assigned.
41:70 Carrying Over Unfinished Business. In sessions consisting of several meetings, if the time set for adjournment of a meeting arrives before all of the matters scheduled for that meeting have been considered, the remaining items of business are carried over to the next meeting.7 The unfinished items of business are taken first in their order before the matters scheduled for the later meeting, provided that the agenda makes no special provision for unfinished business that day and no conflict arises with a special order. Therefore, when most items in the agenda are general orders, it is wise to schedule the more important items of business at a reasonably early meeting of a convention or to set them as special orders. (See also 59:55(10).)
1. What happens to a question that is pending when a meeting adjourns (because of the loss of a quorum or for any other reason) is determined by the rules given in 21:7. If such a question, however, was introduced as new business and it is proven that there was already no quorum when it was introduced, its introduction was invalid and, to be considered at a later meeting, it must again be brought up as new business.
2. The term program has two senses in parliamentary usage. In the first sense, as used here, it refers to a type of order of business that may be identical with an agenda, or (in a convention) may include an agenda together with the times for events outside of the business meetings; such events are not themselves orders of the day (see also 59). In the second sense, as used in 41:36, the term refers to a heading, often included within the order of business for meetings of ordinary societies, that covers talks, lectures, films, or other features of informational or entertainment value.
3. However, a member who believes that further investigation or redrafting is necessary in order to produce a correct version of the minutes may offer a motion to refer the minutes to a committee or to postpone their approval to a certain time.
4. But not the special order (see 41:57).
5. The expression “old business” should be avoided, since it may incorrectly suggest the further consideration of matters that have been finally disposed of.
6. If it is desired to take up a general order at its specified hour and a pending question interferes, that pending question can, however, be laid on the table (17) or postponed (14).
7. For the treatment of business unfinished at the end of a session, see 21:7(b–c).