parliamentary procedure Parliamentary procedures are the accepted Procedural law, rules, ethics, and Norm (sociology), customs governing meetings of an deliberative assembly, assembly or organization. Their object is to allow orderly deliberation upon questions of inte ...

, a

motion In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...

to appeal from the decision of the

chair A chair is a type of seat, typically designed for one person and consisting of one or more legs, a flat or slightly angled seat and a back-rest. It may be made of wood, metal, or synthetic materials, and may be padded or upholstered in vario ...

is used to challenge a ruling of the chair.

Explanation and use

The most common occasions for the motion to appeal are when the chair misassigns the

floor A floor is the bottom surface of a room or vehicle. Floors vary from wikt:hovel, simple dirt in a cave to many layered surfaces made with modern technology. Floors may be stone, wood, bamboo, metal or any other material that can support the ex ...

or incorrectly recognizes a member; when the chair rules on a motion as not within the scope of the organization's purposes; when the chair rules on germaneness of an amendment; when they rule on points of order and questions of privilege; when they rule on the interpretation of words, phrases, provisions, etc.; and when the chair misapplies the rules of a motion (especially in reference to the rankings of motions). (Demeter) According to ''Robert's Rules of Order Newly Revised'' (RONR), members have no right to criticize a ruling of the chair unless they appeal from their decision. '' Demeter's Manual of Parliamentary Law and Procedure'' states that an appeal "protects the assembly against the arbitrary control of the meeting by its presiding officer." '' Mason's Manual of Legislative Procedure'' states, "In some states the ruling of the chair by tradition is given great weight, and appeals are not made lightly." RONR states that in some cases, the chair may welcome an appeal because it takes the onus off of them. An appeal must be made at the time of the chair's ruling. After any debate or other business, it is too late to make an appeal. In stating the appeal, the presiding officer uses the form, "Those in favor of sustaining the decision of the chair..." rather than a biased form such as "Those in favor of sustaining the bylaws..." Appeals are debatable unless they relate to indecorum, the priority of business, or an undebatable question. According to '' The Standard Code of Parliamentary Procedure'', if the reasons given for the appeal are convincing, the presiding officer may change their ruling accordingly, in which case the appeal is automatically dropped.

Improper uses

RONR states that "when the chair rules on a question about which there cannot possibly be two reasonable opinions, an appeal would be dilatory and is not allowed." ''Demeter's Manual'' recommends using the mnemonic devices F, T, R, L and J, O, D to remember that no appeals can be taken from the chair's rulings which arise out of known Facts, evident Truths, established Rules or operative Laws, but can be taken only from rulings which are based on their personal Judgment, Opinion or Discretion. Demeter explains: An assembly cannot contravene a bylaws provision by raising an appeal and voting to interpret the provision to mean something different than its clear meaning. If such an appeal is moved, the chair should rule it out of order immediately, without opening it to debate or putting it to a vote.

References

{{Parliamentary procedure Incidental motions

Explanation and use

Improper uses

See also

References