Robert's Rules on Adjournment
At the most recent council meeting, Mayor David Lanman adjourned the meeting as soon as the agenda item for "ADJOURN" came up. He does this every meeting. The gavel comes down as soon as they come to Adjourn. In the most recent case, a citizen was on her way to the podium to make another statement in Citizen Comment period. This citizen happened to be the wife of a council member, and the mayor may have feared a critical comment (her intentions were not critical we learned later). Council members objected to the immediate adjournment and pressed for her right to speak. The mayor refused to back down, claimed he had the power to adjourn, took his gavel, and strode from the room in anger.
I went to the web site, www.robertsrules.com to see if I could find any information on this parliamentary procedure. They have a question and answer forum. A quick search of "adjourn" presented many opinions from experts, all along the same line. The short answer is that the mayor as presiding officer does NOT have the power to unilaterally end a meeting. Adjournment must be unanimous by consent (no objections) or by majority vote. Here are some points from that Q&A forum:
So it seems clear. The mayor can adjourn the meeting by unanimous consent only if there are no objections, otherwise, it is not unanimous. He can also ask for a motion, second and vote or simply say, "Without objection the meeting is adjourned." If an objection is raised, he is required to hear the objection. If he takes his gavel and storms out, the meeting continues and the mayor pro tem is in charge. The mayor pro tem can hear the objection and ask for a motion, second and vote.
Let me show how the proper procedure should have gone in this situation.
I went to the web site, www.robertsrules.com to see if I could find any information on this parliamentary procedure. They have a question and answer forum. A quick search of "adjourn" presented many opinions from experts, all along the same line. The short answer is that the mayor as presiding officer does NOT have the power to unilaterally end a meeting. Adjournment must be unanimous by consent (no objections) or by majority vote. Here are some points from that Q&A forum:
KEVIN asked:
IS IT NECESSARY TO ASK FOR A MOTION FOR ADJOURNMENT OR CAN THE CHAIRMAN ADJOURN THE MEETING ON HIS OR HER OWN?
JDStackpole said:
If there is no more business - and the chairman should ask - the chair can (and should) adjourn the meeting. Likewise if the building is on fire, etc. But he cannot do so in the face of an objection, and especially cannot do so "on his own" perhaps because he doesn't like what the meeting is doing. Adjourning a meeting is, officially, a decision of the majority voters, not the chair alone.
James said:
It is not necessary that a motion to adjourn be put to the assembly as a question. The most common form of adjourning a meeting without a motion is using a form of unanimous consent. A presiding officer may say, "Hearing no objection, the meeting is adjourned." or "Without objection the meeting is adjourned."
To a related question, JDStackpole said:
He cannot adjourn the meeting unilaterally. It does require a motion or at least unanimous consent. Next time, just stay put, let the Vice-chair start presiding (or anybody else you select if the Vice isn't there or you don't have one) and finish your business.
To another related question, JDStackpole said:
Whether a meeting adjourns is up to the members present - by majority vote, or "unanimous consent". But if the president says "This meeting is adjourned" and all the members just shrug and go home, that amounts to unanimous consent. What you should do, is just stay put and continue the meeting. If the President leaves, that's his/her problem.
Bill said:
If the President does leave and the meeting continues, as it should, the VP would preside if he's present and if not the assembly would elect someone to preside for the rest of the meeting.
So it seems clear. The mayor can adjourn the meeting by unanimous consent only if there are no objections, otherwise, it is not unanimous. He can also ask for a motion, second and vote or simply say, "Without objection the meeting is adjourned." If an objection is raised, he is required to hear the objection. If he takes his gavel and storms out, the meeting continues and the mayor pro tem is in charge. The mayor pro tem can hear the objection and ask for a motion, second and vote.
Let me show how the proper procedure should have gone in this situation.
Mayor: "Any more citizen comments? OK, then I call this meeting adjourned." But if a citizen has their hand up to make a comment and the mayor does not notice or chooses to ignore, a council member can object.
Council member: "I object to adjourning the meeting. Another citizen wants to comment."
Mayor: "I adjourned the meeting. That is my power. That's that," and leaves.
Mayor Pro Tem: "The presiding officer has left the meeting before proper adjournment. As mayor pro tem, I will continue the meeting as presiding officer. The council recognizes the citizen."
Citizen: "Thank you chairman, My name is... I would like to say..."
Mayor Pro Tem: "Thank you for the comment. Do we have any more citizen comments?"
Mayor Pro Tem: "The next agenda item is to adjourn. (Pause.) Is there any other business? Hearing no objections, this meeting is adjourned." Alternatively, the mayor pro tem could ask for a motion, second and vote to adjourn. This would be proper if there was any hint that adjournment was not a unanimous sentiment of the council. This is the correct thing to do. It is also polite.
4 Comments:
Thank you, Rob, for doing that bit of research.
There was a point after Tom Greenwood's presentation at the last city meeting that Dave got up, left the table and went to the back door of City Hall. With his head out the door, Dave proceeded to have a conversation with Tom while the city council meeting ground to a screeching halt.
No manners? In my opinion, it seemed to be quite rude to the council members, those still waiting to give reports, as well as the citizens who had elected to attend the meeting.
Now the council will know just what to do the next time Dave quits presiding. Leo will take over! How refreshing!
Yes, I saw that too. He stuck his head out the door but kept one foot in the Casner room. He and Tom Greenwood are big buddies. Lanman just had to have a private chat with Tom even though the meeting was in session. Such disrespect. Whenever Tom makes a presentation, Lanman praises him and thanks him for being so patient. To others, he is rude and tries to rush their presentation. The proper thing is for a council member to call "point of order" if the presiding officer leaves the meeting like that again. That move was just as classy as Gloria Rivera taking a cell phone call in the middle of a council meeting while sitting at the council table! Where are the manners?
Another incidence of mayoral bullying:
Ann Dunlap, the Mayor's favorite punching bag, was in Flo's office last week discussing city business. The mayor stormed in and pretty much told her to leave and left again. This time, she placed her chair directly in front of the CLOSED door and sat down in it. Sure enough, only seconds later, the Mayor slammed the door open again, open until it banged into the chair.
WHAT? Marfa has a weak mayor/strong city manager form of government, right? What universe does D. Lanman inhabit? I've dealt with two mayors' bizarre egos as a councilmember. If I had heard of either mayor, and both were semi Lanmans, that is, both believed the title of mayor really meant power, acting as described I would have asked the council to censure both/either. Gosh, that behavior can only be described as unhinged. I know Ann, and on behalf of the unhinged one I offer an apology.
Having been on the end of a loudly rapped gavel, I can say to Ann that it is a badge of honor to be upbraided by such an individual as Lanman.
How many days until ballots are cast?
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