Class Incidental motion May be reconsidered? Yes | Requires second? Yes Amendable? No | |
In order when another has the floor? Yes, at time of appealed ruling Debatable? Yes, but debate on the motion must be confined to its merits only, and cannot go into the main question except as necessary for debate of the immediately pending question | ||
In parliamentary procedure, a motion to appeal from the decision of the chair is used to challenge a ruling of the chair.
Contents
Explanation and Use
The most common occasions for the motion to appeal are when the chair mis-assigns the floor or incorrectly recognizes a member; when the chair rules on a motion as not within the scope of the organization's purposes; when the chair rules on germaneness of an amendment; when he rules on points of order and questions of privilege; when he rules on the interpretation of words, phrases, provisions, etc.; and when the chair misapplies the rules of a motion (especially in reference to the rankings of motions).
According to Robert's Rules of Order Newly Revised (RONR), members have no right to criticize a ruling of the chair unless they appeal from his decision. Demeter's Manual of Parliamentary Law and Procedure states that an appeal "protects the assembly against the arbitrary control of the meeting by its presiding officer." Mason's Manual of Legislative Procedure states, "In some states the ruling of the chair by tradition is given great weight, and appeals are not made lightly." RONR states that in some cases, the chair may welcome an appeal because it takes the onus off of him.
An appeal must be made at the time of the chair's ruling. After any debate or other business, it is too late to make an appeal.
In stating the appeal, the presiding officer uses the form, "Those in favor of sustaining the decision of the chair..." rather than a biased form such as "Those in favor of sustaining the bylaws..." Appeals are debatable unless they relate to indecorum, the priority of business, or an undebatable question. According to The Standard Code of Parliamentary Procedure, if the reasons given for the appeal are convincing, the presiding officer may change his ruling accordingly, in which case the appeal is automatically dropped.
Improper uses
RONR states that "when the chair rules on a question about which there cannot possibly be two reasonable opinions, an appeal would be dilatory and is not allowed." Demeter's Manual recommends using the mnemonic devices F, T, R, L and J, O, D to remember that no appeals can be taken from the Chair's rulings which arise out of known Facts, evident Truths, established Rules or operative Laws, but can be taken only from rulings which are based on his personal Judgment, Opinion or Discretion. Demeter explains:
An assembly cannot contravene a bylaws provision by raising an appeal and voting to interpret the provision to mean something different than its clear meaning. If such an appeal is moved, the chair should rule it out of order immediately, without opening it to debate or putting it to a vote.