Retroactivity By C. J. Mills, PRP, and Jonathan M. Jacobs, PRP
The current COVID-19 pandemic has created perhaps the ultimate problem for deliberative assemblies. One of the basic characteristics of a deliberative assembly, as enumerated in Robert’s Rules of Order Newly Revised, 12th edition (RONR 12th ed.), is that a group of people “…meets in a single room or area or under equivalent conditions of opportunity for simultaneous aural communication among all participants.” RONR (12th ed.) 1:1. In meetings that fail to adhere to this criterion, business cannot be transacted. How can an organization conduct business without a meeting conducted according to RONR (12th ed.)? It is possible for a meeting having the characteristics of a deliberative assembly to authorize some previous actions. There are two methods to accomplish this. The first method is by using the motion to ratify. The second method, which is a more powerful method by far, is to retroactively authorize the action in the bylaws. Both methods can ultimately authorize something after the fact. Both, however, come with risks. Ratify Ratify is an incidental main motion that functions exactly like any other main motion. It can be used to “…confirm or make valid an action 8
National Parliamentarian • Winter 2021
already taken that cannot become valid until approved by the assembly.” RONR (12th ed.) 10:54. RONR then gives some examples of what the motion to ratify can do retroactively1. Ratify can “make valid” action taken at an inquorate meeting (no quorum present). It can “make valid” action taken at a special meeting. It can “make valid” action taken “by officers, committees, delegates, or subordinate bodies in excess of their instructions or their authority (ibid.).” Note that, in these examples, the action has already been taken. In the case of most main motions, the motion is made, adopted by the assembly, and then the action it authorizes taken. In the case of ratification, the action is taken without valid authorization by the assembly, and then the assembly authorizes it. For example, assume that there is a main motion, “To contribute five hundred dollars to James Thornton’s campaign.” This motion is considered at a quorate meeting and adopted. Only at that point would the money be contributed. If the motion were adopted at a meeting without a quorum, the money would be contributed, and at a future meeting where a quorum was present, the assembly would then authorize the payment. This would authorize the contribution.
