Such a motion is not in order, because it would permit debate to be suppressed by a majority vote, and only a two-thirds vote can do that. This is a common violation of fair procedure. It is also true that a Point of Order relating to the absence of a quorum is generally not permitted to affect prior action-but such a Point of Order can cause prior action to become invalid if there is clear and convincing proof that no quorum was present when the business was transacted. It is true that debate on a question already pending can be allowed to continue at length after a quorum is no longer present, until a member raises the point but it is never permissible to transact substantive business in the absence of a quorum.

Any member noticing the apparent absence of a quorum can and should make a Point of Order to that effect at a time when another person is not speaking.

If the chair notices the absence of a quorum, he or she should declare this fact, at least before taking any vote or stating the question on any new motion. Once a quorum at a meeting has been established, the continued presence of a quorum is presumed to exist only until the chair or any other member alerts the assembly that a quorum is no longer present. When the ex-officio member of the board or committee is neither an ex-officio officer of the board or committee nor a member, employee, or elected or appointed officer of the society (for example, when the governor of a state is made ex officio a member of a private college board).Īgain, however, it should be emphasized that in these instances the ex-officio member still has all of the rights and privileges of membership, including the right to vote. In the case of the president, whenever the bylaws provide that the president shall be an ex-officio member of all committees (or of all committees with certain stated exceptions) andĢ. There are, however, two instances in which ex-officio members are not counted in determining the number required for a quorum or in determining whether or not a quorum is present. Without exception, ex-officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote. For example, if the bylaws of an organization provide for a Committee on Finance consisting of the treasurer and three other members appointed by the president, the treasurer is said to be an ex-officio member of the finance committee, since he or she is automatically a member of that committee by virtue of the fact that he or she holds the office of treasurer. “Ex officio” is a Latin term meaning “by virtue of office or position.” Ex-officio members of boards and committees, therefore, are persons who are members by virtue of some other office or position that they hold. Similarly, if a two-thirds vote is required, he or she may vote either to cause, or to block, attainment of the necessary two thirds. If there is one more in the affirmative than in the negative, the chair can create a tie by voting in the negative to cause the motion to fail. When will the chair’s vote affect the result? On a vote that is not by ballot, if a majority vote is required and there is a tie, he or she may vote in the affirmative to cause the motion to prevail. However, the impartiality required of the presiding officer of any other type of assembly (especially a large one) precludes exercising the rights to make motions or speak in debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result. So, in meetings of a small board (where there are not more than about a dozen board members present), and in meetings of a committee, the presiding officer may exercise these rights and privileges as fully as any other member. If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions. No, it is not true that the president can vote only to break a tie.

Minutes approved as corrected