Market Governance

Now that we are in the heat of the farmers’ market season, interest in market governance is probably at an all-time low. But, it’s 90+ degrees outside, not a market day, and cooler in front of the computer than anywhere else I might be.

I had thought I would follow up the column on legal documents with a post on minutes, which are also legal documents in that they record the decisions of the Board. Then, I thought, before minutes, you need an agenda. So I started reading up on agendas in Robert’s Rules of Order Newly Revised. Then, it hit me! Robert’s Rules are the perfect topic for a summer blog.

At least one legal document for most groups will state something like this “In parliamentary matters, Robert’s Rules of Order shall govern in all cases to which they are applicable subject to the Certificate of Incorporation and By-laws of this corporation” (Adirondack Farmers’ Market Cooperative By-laws). Then, either you sit in on a meeting, or you talk to a member of an organization’s board, and you ask why Robert’s Rules aren’t being used. The response often is “Oh, we don’t use them—they’re too much bother.” So, this month’s topic is Robert’s Rules!

But first, a little history that sets the stage for discussion. There really was a Robert. Henry Marten Robert, an Engineer in the U. S. Army, was asked to chair a meeting and he didn’t know how to do it. He conducted the meeting, but didn’t want to be put in that situation again. He started doing some research and found a few general references. As he reviewed them, he felt that things were missing. So he started writing down procedures that made sense. He based them on the rules of the U. S. House of Representatives, which were based on English parliamentary law. When he had gathered a few, he tried them out in meetings and they worked! After a cold winter in 1874, he had enough written material to publish. But, the publisher didn’t think there would be buyers for a book on running meetings. Roberts had to agree to pay for the binding of the 4000 copies he wanted and buy 1000 copies to distribute to organizations that could use the rules. Robert expected the 4000 copies would take two years to sell. They sold out in four months! So, did the publisher know his business?

Although Robert’s Rules are based on parliamentary procedure used in the House of Representatives, they were designed to be used by every day organizations. It was not his intention that organizations follow the Rules zealously. If you read the Rules carefully, you will see that often several ways of handling a situation are given. His instructions are to formally adopt the Rules you want to use. However, it has become common practice to do as the AFMC founders did and pass a blanket adoption of the document. They did add the caveat that the Rules would be followed unless they conflicted with the Articles of Incorporation or By-laws.

So, maybe Boards find the Rules too burdensome because they haven’t picked out the ones they want to adopt. Granted, reading Robert’s Rules is not exactly exciting, but the information is coded so that it is easy to look up a topic, either in the Contents or in the Index.  For example, when I was looking up agenda for the post I thought I was going to write, I checked the Contents. Agendas were listed as Section XI-40 on page 315. I looked on page 315 and there was agenda, as promised. Now in another version, agenda may not be on page 315, but it will be in Section XI-40.

There are a number of reasons for using parts of Robert’s Rules in meetings, but perhaps the best one is that they move a meeting towards a logical and successful completion. Since everyone’s favorite motion is Move to Adjourn, doesn’t it make sense to get there quickly with all the needed decisions and discussions concluded.

Here’s my Top Ten list of Rules that are pertinent to Farmers’ Market Board meetings.

1. There needs to be an agenda. More on agendas in a future post.
2. A motion needs to be made and seconded before discussion. If there is no second, there is no discussion.
3. Motions can be changed by an amendment. The person making the first motion and the person seconding the motion need to accept the amendment. If they do, the amendment needs to be seconded. Then there is a vote on the amendment. If the amendment passes, the motion is amended. Then the original motion as amended comes to a vote.
4. If the original motion maker and the person who seconded do not, the amendment dies. If a majority of the Board supports the amendment, the original motion needs to be defeated. Then the person who offered the amendment is free to make a new motion combining the original and the amendment. It needs a second.
5. The correct phrasing is “I move…” not “I make a motion.”
6. During a discussion on a motion, if a Board member feels that the way the discussion is going is in violation of the group’s by-laws or operating rules, that Board member make say “Point of Order.” Point of Order stops the discussion so the member raising it can say why he/she feels a violation is occurring. The President/Chairperson is obligated to investigate the Point of Order before discussion can resume, or if correct, the topic is dropped.
7. Sometimes discussion or debate drags on and on. To move matters along, the motion “I Call the Question” can be used. Calling the question needs a second. If there is a second, debate stops and a vote is taken on whether to stop debate on the topic. If two-thirds of the members vote to end the debate, then an immediate vote has to be taken on the original motion under debate.
8. It’s okay to vote down a motion or to vote against a motion. Votes on a Board don’t have to be unanimous. On many Boards, it seems like people vote for motions because they want to be nice, even if they disagree with the motion. You can be a nice person and still vote no!
9. A Motion to Adjourn takes precedence over most all motions and can not be debated. It must be seconded. There are several types of motions to adjourn and the one that is the most useful for Farmers’ Market Boards is the motion to adjourn with a time set for the next meeting.
10. Announcements can be made after the President/Chairperson announces that the meeting has adjourned.

There are additional interpretations and versions of the motions in my list, but these should cover most of the situations that occur at Board meetings.

Until next month, Happy Marketing!

* information from the Introduction of Robert’s Rules of Order Newly Revised, Scott, Foresman and Company, Glenview, IL, pages xxxvi-xiii, 1981.