Robert's Rules in Real Life

Today’s news story on the National Labor Relations Board reminds that the Supreme Court has affirmed one fundamental principle of Robert’s Rules of Order: you must have a quorum to take action.

While the word “quorum” looks esoteric, its meaning is basic. A “quorum” is the minimum number of voting members of a group who must be present to take action. In a small group, the quorum is often a majority of the members. (“Majority” means “more than half.”)  For a nonprofit board of ten people, for instance, the quorum would be six.

Ordinarily the bylaws say what the quorum is. Bylaws can establish a different quorum, and for larger groups, they should. In the American Translators Association, which I served as president, the quorum for the meeting of voting members is either 100 voting members or 10% of the voting members, whichever is lower.

It’s important to be aware of what your state law says, though. In Washington State, the minimum quorum for a nonprofit board of directors is one-third of the members. This sets a floor, and your specific bylaws may not go below it.

The National Labor Relations Board has five members, and due to political shenanigans, it has been functioning with three members. Three is a majority of five, so the board is able to act. The Supreme Court ruled last year that two members were not sufficient to take action. So when the term of one appointee expires at the end of this year, if politics blocks the appointment of a successor, the NLRB will be stuck.

Purchase our Mastery Lesson, “Voting and Quorum Issues in Nonprofit Organizations,” to learn more about these issues.

Ann G. Macfarlane, PRP

© Jurassic Parliament 2011.  All rights reserved.

As the Wisconsin saga continues, it turns out that the Senate rules on quorum vary, depending on the type of bill being considered. In Tuesday’s New York Times, A.G. Sulzberger writes: “At issue is a normally obscure Senate rule that requires a quorum of 20 senators to vote on fiscal matters but just 17 to vote on other matters.”

18 Republicans and 14 Democrats were elected to the Senate in the last elections. See our previous post for more detail.

Ann G. Macfarlane, PRP

(c) Jurassic Parliament 2011. All rights reserved.

The recent shenanigans in Wisconsin have demonstrated a distinction people often have trouble with. There is a key difference between the “quorum” and the “number of votes needed to win.” While regretting that political disagreements led all the Democrats in the Wisconsin Senate to flee to Illinois this week, we have to seize the opportunity to comment.

A “quorum” is the minimum number of voting members needed for a body to take action. The existence of this concept is due to the obvious fact that everybody who belongs to a certain group is not going to attend every meeting. We need to be sure that a small group of people don’t act in the name of the whole, taking action which the larger group might not approve of.

The smaller the group, the larger the percentage of members who ought to be there. Bylaws, state law or regulations usually state what this number is. In the case of the Wisconsin Senate, with 33 members, 20 members must be present for action to be taken. (If no quorum is specified, then the quorum is a “majority” – more than half of the voting members.)

The November 2010 election produced a Senate with 19 Republicans and 14 Democrats. The astute reader quickly notices that 19 is less than 20 – so the Republicans by themselves don’t make up a quorum. There has to be at least one Democrat present for the body to be able to act.

“Votes needed to win” is  a whole ‘nother thing. Once a quorum is present, members discuss issues and may take action on them. In order for an action to be approved – for a motion to pass – a majority of those voting must vote in favor. Half of 33 is 16.5, and since votes are cast by whole people, not by fractions, 17 members of the Wisconsin Senate must vote in favor for a motion to win. You, careful reader, have no doubt already seen that since 19 is more than 17, it should be easy for the Republicans to approve a measure and therefore to win.

PROVIDED that any voting can take place at all – that is, provided that a quorum is present.

And if 14 Democrats decamp en masse to a neighboring state, taking refuge in an “undisclosed location,” then there are 19 members  present in the room, there is no quorum in the Senate, no voting can happen, and hence no victory for the Republicans.

The political disagreements are severe on the legislation at issue, and the refusal of the Democrats to appear is prolonging public demonstrations. The press reports that the angry citizens with sleeping bags have camped out, and are literally beating drums in the halls of the capitol. The Senate sergeant-at-arms was peering into offices and restrooms, trying to locate a Democratic Senator. A state policeman traveled to Senatorial homes with the same mission. In our view, people who think that meeting procedure is boring don’t grasp the depth, breadth and complexity of Robert’s Rules in real life.

Ann G. Macfarlane, PRP

(c) Jurassic Parliament 2011. All rights reserved.