The LNC Chair has ruled as requested by the LNC Secretary on three motions that LNC Member Adrian Malagon put on the agenda for the May in-person LNC Meeting. The Chair ruled that the three Malagon motions were out of order.
Dear Colleagues,
I have been asked to review the three motions recently noticed, in accordance with Robert’s Rules of Order Newly Revised, to provide the following rulings regarding their parliamentary standing:
1. Motion to Require Chair Approval of Secretary Emails
“That all emails sent by the Secretary be approved by the Chair prior to being sent.”
Ruling: Out of order.
This motion would place the Secretary under the direct oversight of the Chair, which is not consistent with the independent authority granted to officers unless explicitly outlined in our bylaws.
Citation: RONR §47:6–10 — “Each officer has only the authority that is specifically assigned to that office by the bylaws or the assembly.” Officers are not subordinate to each other by default.
2. Motion to Restrict When the Secretary May Speak
“That the Secretary only speak when addressed by the Chair or a member of the Board.”
Ruling: Out of order.
This motion would impose a special restriction on a single officer’s right to speak, which is not allowed outside of formal disciplinary procedures. All members retain equal rights to speak in deliberation unless due process is followed.
Citations:
RONR §62:10 — “Each member of a deliberative assembly has the right to speak in debate… and cannot be deprived of that right without due process.”
RONR §61:8 — “A penalty should never be imposed on a member for any offense unless the proper disciplinary procedures have been followed.”
3. Motion to Prohibit Monetized or RONR-Related Podcasts
“That no LNC member be able to monetize a podcast or have self-serving podcasts about RONR or a ‘cult’ thereof.”
Ruling: Out of order.
This motion would seek to regulate an officer’s outside activities, which is generally impermissible unless such conduct is proven to be injurious to the organization and handled through disciplinary procedures.
Citations:
RONR §63:1 — “An organization has the right to investigate and discipline a member only for cause—namely, conduct by a member that is injurious to the organization or its purposes.”
While the concerns underlying these motions may stem from sincere frustrations, I would advise the body to consider drafting rules & guidelines that collectively address these frustrations while respecting the rights of board members in accordance with our bylaws and RONR. Perhaps concerns can be brought to the Ethics Committee if the board wishes to continue it past its sunset.
Sincerely,
Steven Nekhaila
