What is a Point of Order?
Objection!
Point of Order!
MR. PRESIDENT YOU CAN’T DO THAT!
How often have you heard these things blurted out during a meeting? Are these members causing a disturbance, or are they following the rules?
A Point of Order is a powerful demand from a single member that can highlight violations of an organization’s rules. According to Robert’s Rules of Order Newly Revised (11th edition), “When a member thinks that the rules of the assembly are being violated, he can make a Point of Order…thereby calling upon the chair for a ruling and an enforcement of the regular rules” (page 247).
Characteristics of a Point of Order
Under Robert’s Rules, a Point of Order can be raised by a single member and is sometimes referred to as “raising a question of order.” A member raises a Point of Order when he/she believes a rule (including provisions in the Bylaws) is being broken. It has the following characteristics (RONR, 11th ed., pages 247-251):
- A Point of Order can be made by a single member–no second is required.
- A Point of Order can be made while most motions are pending. However, it yields to “privileged” motions like taking a recess or adjourning a meeting.
- A Point of Order can interrupt a speaker while someone else has the floor.
- Generally, no vote is taken on a Point of Order. Rather, the Chair makes a ruling
- A Point of Order is generally not debatable. However, the Chair can allow members to weigh in before making a ruling.
- A Point of Order must be raised promptly when the breach occurs.
How to Make a Point of Order
Raising a Point of Order is very easy! After getting the Chair’s attention, you simply state which rule you think is being broken, and then you wait for a ruling from the Chair. If you disagree with the Chair’s ruling, you can appeal it; thus, allowing the assembly to decide on the matter.
Step 1: Getting the Chair’s Attention
To make a Point of Order, a member can either seek recognition from the Chair, or yell out one of the following:
- “Point of Order!”
- “I’d like to raise a point of order.”
- “Mr. Chairman, I have a point of order.”
- “I raise a question of order.”
Step 2: State the Rule that is being Broken
Next, the Chair should pause the current proceedings and ask the member which rule he/she thinks is being broken.
- “This motion violates our Bylaws. According to Article X, Section 1 we are supposed to vote on the budget at the May meeting, not the April meeting.”
- “We shouldn’t be debating this motion. It did not receive a second.”
Step 3: The Chair Rules on the Point of Order
Finally, the Chair rules on whether the Point of Order is well taken or not well taken, and announces any corrective action. The Chair is permitted to allow members to weigh in if it would be helpful in making a decision. This is also a good time for the Chair to consult a Parliamentarian if one is present. If a member disagrees with the Chair’s ruling, he/she can appeal it to the assembly for a vote.
- Chair: “The point is well taken. The assembly cannot consider the annual budget at this meeting. The motion will be withdrawn at this time.”
- Chair: “The point is not well taken. Under Robert’s Rules of Order, points of order must be timely. We have already had substantial debate on this motion so it is too late to raise an objection that the motion did not receive a second.”
Conclusion
Don’t allow this situation to trip you up! If you have any questions, leave a comment below or contact us. LastMinuteMeetings.net also offers consulting services for corporations, associations, and bodies of all sizes.
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Donald Garrett, MPA, PRP is a Professional Registered Parliamentarian based in the Washington, DC Metropolitan area (Northern Virginia). He received both his Bachelor of Arts (Government) and Master of Public Administration from George Mason University.
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Major admenments were made to our by lawsand excepted by our membership, however; the current by laws at the that time clearly stated each admenment had to be read and a discussion held and voted on individually but were posted as a completely set of by laws and membership was ask to read. No discussion, at the next meeting a motion was made to accept the new by laws that was posted, it was seconded and voted to accept. It was just discovered of this as an issue, so what do we do about the by laws that were voted in now that the rules were broken in getting them accepted. Thank you for your suggestions.
Hi Skip,
Thanks for reaching out. Generally speaking there are two types of Bylaws Amendments. The first type is a discreet amendment, covering just a portion of the Bylaws (sentences, sections, or articles). The second type is a Revision, which is essentially a vote on a new set of Bylaws.
From what it sounds like, it appears that your organization wished to conduct a Revision. However, with Revisions, that opens up the entire proposed Revision to debate and amendment.
If you believe that the Revision was handled in violation of your Bylaws, you can raise a point of order at a later meeting.
This is just general advice. I would have to see a copy of your Bylaws and governing documents to give advice applicable to your situation. Please feel free to email me at info@lastminutemeetings.net or use the Contact Form to get in touch.
-DG
All of the explanations of points of order that I have seen state that when a member raises a point of order, then the chair makes a ruling.
But can a chair raise a point of order themselves? And if they can, would it still be the chair making the ruling in that case? It seems like a pretty clear conflict of interest that should not be allowed.
Thank you for your comment! One of the Chair’s responsibilities is to enforce the rules and rule improper motions out of order [RONR (12th ed), 47:7]. So, the Chair typically does not need to raise a point of order themselves because if the Chair believes a rule is not being followed, it is within the Chair’s authority to enforce it.
There’s no conflict of interest because if a member disagrees with the Chair’s enforcement of a rule, the member may appeal the Chair’s decision (with a second) and allow the body as a whole to decide the issue [RONR (12th ed), 24:1]. So there is a check and balance in place.
I was recently at a conference where one attendee consistently and repetitively called a “point of order”. Is there a limit to how many times a “point of order” can be called by the same person? How does the chair and the parlimentarian handle that situation.
“Whenever the chair becomes convinced that one or more members are repeatedly using parliamentary forms for dilatory purposes, he should either not recognize these members or he should rule that such motions are not in order” [RONR ยง39:4]. Robert’s Rules of Order says “constantly raising points of order and appealing from the chair’s decision on them” is an example of using points of order for dilatory purposes.
can the public call a point of order?
No, a point of order is an incidental motion. Only a member of the body can make a point of order.
In our not for profit club, members are not allowed to talk. can a Point of Order still be called if board is violating bylaws?
A point of order is a type of incidental motion raised during a meeting. Only members who are participating in the meeting can raise it. Typically with Board meetings, this means that only Board members can raise a point of order–all non-Board attendees are guests to Board meetings, not members.
Hi,
I was chairing a collective bargaining meeting and have no rules that govern the sitting. One speaker rose on a point of order and even before I could recognize her, she just went ahead and argued that the speaker was lying concerning what he was saying was said earlier in the meeting.
I asked to refer the matter to the recording of the meeting, but plan to do the review in the next meeting and then order whoever needs to withdraw and apologize. We continued with the agenda of the day, and put the matter they were arguing about on hold. Should I have rather worked with the draft record, or it’s ok to wait for the official minute to be out?
Without formally adopted rules or an adopted parliamentary authority, such as Robert’s Rules of Order, it is hard to give you specific advice. I think how you are proceeding is reasonable under the circumstances you described.