Point of Order and Appeal Are the Heart of Democracy

This blog originally appeared at Jurassic Parliament and is being reposted at the MRSC Insight blog with the author's consent. 

In our view, the motions Point of Order and Appeal are the heart of our democracy. They provide the mechanism to stop a dictatorial chair who is acting like a “boss.” They are essential for every local government body, nonprofit board, and any group that functions on democratic principles. Learn how to use them to ensure that the group is the final authority.

In this discussion, whenever we say “member,” we mean a voting member of the governing body (e.g., council, commission, board.)

What Is a Point of Order?

Point of Order is a motion that requires the chair to abide by the organization’s rules or parliamentary rules or to require another member to abide by the rules. If an error is not obvious, the member may have to briefly explain how the rules are being broken.

This motion is made by just one member and, in most circumstances, the motion must be made at the time of the rule violation. When this motion is made, it temporarily stops business until the Point of Order is ruled on by the chair, who will either agree with the member and enforce the rules or may disagree with the member.

Once the chair rules that the Point of Order was “well taken” (correct) or “not well taken” (incorrect), the business that was interrupted then continues (unless the chair’s ruling is immediately appealed).

Below are some commons questions regarding the Point of Order and Appeal motions.

How does a member raise a Point of Order?

The member who sees a rule violation and wants the rule enforced should call out, “Point of Order,” or stand up and say, “I rise to a Point of Order.”

If necessary, you may interrupt a speaker, but do not do this lightly! 

What happens next with a Point of Order?

The chair should say, “State your point.” The member then explains the problem. The chair listens, then gives a ruling.

• If the chair agrees with the Point of Order, the chair says, “The point is well taken” and enforces the rule.
• If the chair disagrees, the chair says, “The point is not well taken” and moves on with the business at hand.

Can a member raise a Point of Order about the chair’s actions?

Yes. Everyone in the meeting must follow the rules. If this happens, the chair issues a ruling on their own action.

Can a member of the public or the audience who is not a member of the governing body raise a Point of Order?

No. Only a member of the governing body itself can raise a Point of Order.

Here is a sample script for a Point of Order between a member and the chair:

• Member: "Chair, I rise to a Point of Order."
• Chair: "State your point."
• Member: "My esteemed colleague has used the term 'cream-faced loon' in referring to the mayor of Dinoville. Under Robert’s Rules of Order, insults are inappropriate."
• Chair: "The point is well taken, and members will refrain from using this term."

What should members do when they disagree with a ruling by the chair?

A member can appeal the chair’s ruling (which must be seconded). This tells the chair that two members are in disagreement with the chair’s interpretation and want the governing body to decide it for themselves. (Note that the motion to Appeal must be made immediately following the chair's ruling. If other business intervenes, then it is too late to appeal the chair’s decision.)

When the motion to Appeal is made, it immediately and temporarily stops the pending business until a decision is reached on the motion. After a vote is taken on the motion to Appeal by the members, the business that was interrupted then continues. 

How is an Appeal conducted?

When a member wants to appeal, they should stand and, without waiting to be recognized by the chair, indicate that they disagree with the chair's ruling. The formal wording is, “I appeal from the decision of the chair,” but the chair must recognize any motion to Appeal, even if it is worded as simply as, “I don’t think that’s right—I disagree with you.”

The chair then processes the motion to Appeal, which may or may not be debatable, depending on the actions of other members of the governing body.

Conclusion

Read more about how to process a Motion to Appeal, including a sample script, in Keep the chair in line using Appeal at Jurassic Parliament. 

It bears repeating that Point of Order and Appeal are the heart of our democracy. Learn to use these vital tools from Robert’s Rules of Order and ensure that the group, not the meeting chair, is the final authority.