Quorum - Determination of A Quorum and Actions That May Be Taken in The Absence of A Quorum

Determination of A Quorum and Actions That May Be Taken in The Absence of A Quorum

Robert's Rules provides that "when the chair has called a meeting to order after finding that a quorum is present, the continued presence of a quorum is presumed unless the chair or a member notices that a quorum is no longer present." The chair has a duty to declare the absence of a quorum if he notices a quorum is no longer present, "at least before taking any vote or stating the question of any new motion—which he can no longer do except in connection with the permissible proceedings related to the absence of a quorum." Any member who notices the apparent absence of a quorum can make a point of order, but he should not interrupt another member who is speaking. Debate on an already-pending question can be allowed to continue after a quorum is no longer present until a member raises a point of order. Because it is difficult to determine exactly when a quorum was lost, points of order relating to the absence of a quorum are "generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrospectively by a ruling of the presiding officer, subject to appeal."

When quorum is not met, the ability of a deliberative assembly to change the status quo are seriously constrained. Robert's Rules provides that "in the absence of a quorum, any business transacted is null and void," except for actions which can be legally taken: To fix the time to which to adjourn, adjourn, recess, or take measures to obtain a quorum. Measures to obtain a quorum are treated as privileged motions that take precedence over a motion to recess, are not in order when another has the floor, are not debatable, are amendable, require a majority vote, and can be reconsidered. An example of a measure to obtain a quorum is a motion that absent members be contacted during a recess.

These procedural actions are the only measures that can be legally taken; "the prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent, and a notice cannot be validly given." Robert's Rules states that:

"If there is important business that should not be delayed, the meeting should fix the time for an adjourned meeting and then adjourn. Where an important opportunity would be lost unless acted upon immediately, the members present can, at their own risk, act in the emergency with the hope that their action will be ratified by a later meeting at which a quorum is present." If a committee of the whole finds itself without a quorum, it can do nothing but rise and report to the assembly, which can proceed as already described in this paragraph. A quasi committee of the whole or a meeting in informal consideration of a question can itself take any of the four actions permitted an assembly in the absence of a quorum, but a quasi committee of the whole is thereby ended.

The quorum requirement is enforced in several ways. Robert's Rules states that before the chair (presiding officer) calls a meeting to order, "it is his duty to determine, although he need not announce, that a quorum is present. If a quorum is not present, the chair waits until there is one, or until, after a reasonable time, there appears to be no prospect that a quorum will assemble." In that situation, the chair "calls the meeting to order and announces the absence of a quorum, and entertains a motion to adjourn or one of the other motions allowed, as described above." Meetings that are unable to transact business or lack of a quorum are considered meetings nevertheless ("if a quorum fails to appear at a regular or special meeting, "the inability to transact business does not detract from the fact that the society's rules requiring the meeting to be held were complied with and the meeting was convened—even though it had to adjourn immediately").