WHAT Is an Assumed Motion?

Carl Nohr, PRP

Consider the following scenario . In a meeting, the chair states a motion that no member has made . A member raises a point of order about the propriety of the chair in stating a motion without a mover, suggesting that it is not consistent with the members’ right to direct the business of the assembly . The chair rules the point not well taken and proceeds to explain to the member what an assumed motion is and when the chair may directly state a motion without waiting for a member to make it . To assume means to accept something as true without evidence. In assuming a motion, the chair directly states the motion, believing the assembly will likely want to consider it, without the evidence of a member making the motion.1

Robert’s Rules of Order Newly Revised (RONR) (12th ed .) describes various circumstances that allow a chair to assume a motion . The duty of the chair that supports such assumptions is the duty “To expedite business in every way compatible with the rights of members . ”2 The chair may save time by making allowable assumptions, provided any minority interests are protected . 3 Multiple steps in handling a motion may be bypassed when the chair assumes a motion, including obtaining the floor, making the motion, and seconding the motion . 4

Implicit in the chair’s assumption of a motion is the belief that there is no minority to protect . Rules designed to protect a minority need not be enforced when such a minority is absent . If such a minority is present, however, their rights must be protected . They may object to the chair’s assumption, thus providing proof that the assumption is not correct . This returns the movement of the relevant motion to the discretion of the assembly, effectively setting the chair’s assumption aside and demanding proof that the assembly wishes to consider the motion .

In the handling of a motion, RONR describes another time saving procedure that also relies on the chair’s assumption that there is no minority needing protection . This procedure is called unanimous consent . 5 It is

1 RONR (12th ed.) 4:59

2 RONR (12th ed.) 47:7(7)

3 RONR (12th ed.) Principles Underlying Parliamentary Law pp. xlix-xlx

4 RONR (12th ed.) 4:2

5 RONR (12th ed.) 4:58 commonly used by chairs to expedite business and can be effectively combined with an assumed motion .

“In cases where there seems to be no opposition in routine business or on questions of little importance, time can often be saved by the procedure of unanimous consent, or as it was formerly also called, general consent . Action in this manner is in accord with the principle that rules are designed for protection of the minority and generally need not be strictly enforced when there is no minority to protect . Under these conditions, the method of unanimous consent can be used either to adopt a motion without the steps of stating the motion and putting the motion to a formal vote, or it can be used to take action without even the formality of a motion . ”6

The use of assumed motions by the chair follows the same principles . If there is no objection to an assumed motion, then there is no evidence of a minority that needs protection; this also meets the demand for a second . 6 The chair can then immediately proceed to debate and vote, thus expediting business . The chair may proceed to save even more time by using unanimous consent .

How does a member indicate disagreement with an assumed motion or with the chair’s use of unanimous consent?

A member of the assembly who disagrees may stop either procedure by objecting to it .

In the case of unanimous consent, it is clear in RONR that a single member may object, forcing debate and a vote . 7

In the case of an assumed motion, how are the members protected from processing a motion that the chair incorrectly assumes the members wish to consider?

It may be that one or more members agree that the motion could be considered but disagree that the chair should assume that to be the case . Although not formally described as a rule, it seems to the author, that if such concern were voiced by a member, the wise chair would recognize the challenge to the assumption and withdraw the assumed motion .

If there is an objection and the motion is withdrawn by the chair, any member of the assembly who wishes to consider the motion could then move it as usual . The objecting member need not necessarily disagree with the content of the motion but may disagree with the chair’s assumption of the motion .

From a more technical perspective, does the assumption of a motion constitute a ruling by the chair, and hence is subject to appeal?

The relevant duty of the presiding officer is “To decide all questions of order, subject to appeal…”8 In

6 RONR (12th ed.) 4:58

7 RONR (12th ed.) 4:59

8 RONR (12th ed.) 47:7 (8) assuming a motion, the chair’s determination that the assembly likely supports the assumption may be considered a ruling . A member objecting to the assumption has an established recourse by making a point of order and challenging the chair’s assumption . This would essentially provide proof that not all the members agree with considering the motion assumed by the chair . If there is no point of order, this could be considered agreement by the assembly that it wishes to consider the assumed motion .

Additionally, as the chair states an assumed motion, it achieves the status of a formal motion before the assembly . Any of the usual remedies to alter or defeat a motion are then available .

RONR (12th ed .) provides the following situations of when the chair may assume a motion: to accept resignations, to modify motions, in nominations and elections, to excuse the accused while penalty is considered, and to manage recommendations in reports . Based on the principles discussed above, and the cases provided below, chairs may find other opportunities not listed in RONR to exercise their duty to make effective use of members’ time using assumed motions . When a member submits a resignation, it is in the nature of a request to be excused from a duty . When announcing the resignation, the chair can assume a motion that the resignation will be accepted . 9

After a motion has been stated by the chair, the maker must ask permission to modify it . The chair would commonly manage this by unanimous consent, and if there is no objection, then state the question on the modified motion . If there is an objection, and the chair believes that an amendment equivalent to the requested modification would be in order, the chair may assume the motion to amend . 10 Alternatively, any member may also move such an amendment .

A nomination is a proposal to fill the blank in an assumed motion “that _______ be elected to the position of ______ . ”11

Similarly, if an organization is choosing a voting method when none is prescribed in its governing documents, the chair may assume a motion to fill the blank in “Voting shall be conducted by ________ method . ”12

While managing a breach of order by a member in a meeting, the offending member can be required to leave the room during the consideration of his penalty, but he must be allowed to present his defense first . A motion to require the member to leave during consideration of the penalty may be assumed by the chair . 13

9 RONR (12th ed.) 32:5

10 RONR (12th ed.) 33:19

11 RONR (12th ed.) 46:1

12 RONR (12th ed.) 46:30

13 RONR (12th ed.) 61:16

Additionally, RONR lists several circumstances in the management of recommendations in reports where the chair may assume a motion.

If the presenter of a report requiring a decision from the assembly is not a member and hence not entitled to make a motion, or is otherwise constrained from doing so, and the nature of the required motion to conclude the business in the report is clear, the chair may assume the motion and state the question without waiting for a member of the assembly make the motion . 14

Similarly, as reports are given at a convention, if the person reporting is unable to make a motion, or does not promptly do so, the chair may assume the motion by stating, “The question is on the adoption of the report of the ______ Committee . ”15 A second is not required as the report comes from a committee16, and whether adoption is moved by the person reporting, or assumed and stated directly by the chair, is moot .

In the interest of making effective use of time and being alert to the protection of any minority interests, an astute chair will find other opportunities to save the members some time by assuming motions in other circumstances as well .

If the chair is not sufficiently comfortable with assuming a motion in order to expedite business, the chair may suggest to the members that a certain motion would be useful to move business along, and then wait for a member to make the motion . Of course, the chair must be careful not to suggest a certain course of action that could be construed to constitute debate . 17

Conclusion

Motions assumed by the chair are acceptable as long as the rights of any minority are protected . The use of unanimous consent is also based on this principle . RONR describes a finite number of situations where the chair may assume a motion . Based on the principle that rules designed to protect a minority need not be enforced when no minority exists, there are many other situations where the chair may use the time-saving devices of assuming motions and unanimous consent . The chair may thus more easily fulfill the chair’s duty to make effective and efficient use of members’ time . NP

14 RONR (12th ed.) 51:12

15 RONR (12th ed.) 59:12

16 RONR (12th ed.) 51:11

17 RONR (12th ed.) 3:9

Carl Nohr, M.D., PRP, joined the NAP in 2013 and became a PRP in 2018. He serves as a director, vice-chair, secretary, and speaker for several associations. He is a student of good governance, meeting management, and decision making. He loves to share knowledge and believes we can all learn much from each other.