Declare the chair vacant
Encyclopedia
The motion
to declare the chair vacant is a Disciplinary procedures
used as a remedy to misconduct or dereliction of duty by the chair of a deliberative assembly
, when the rules allow it. It is usually combined with a motion to elect a new chair.
allows this motion to be used if the offending occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly. Otherwise, the proper action is to rescind
the election of the officer. Demeter's Manual
states that the procedure is to either bring charges against him for neglect of duty as presiding officer or abolish his term of office by amending the bylaws with due notice
to all members; either of these methods requires a two-thirds vote. Mason's Manual provides, "A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified. When there is no fixed term of office, an officer holds office at the pleasure of the body, or until a successor is elected and qualified."
as Speaker of the U.S. House of Representatives in 1910 using this motion. A similar motion was introduced in the Texas legislature to remove Tom Craddick
.
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
to declare the chair vacant is a Disciplinary procedures
Disciplinary procedures
Disciplinary procedures, in parliamentary procedure, are used to enforce a deliberative assembly's rules. RONR notes, "Punishments that a society can impose generally fall under the headings of reprimand, fine , suspension, or expulsion." If an offense occurs in a meeting, the assembly, having...
used as a remedy to misconduct or dereliction of duty by the chair of a deliberative assembly
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
, when the rules allow it. It is usually combined with a motion to elect a new chair.
Explanation and Use
Robert's Rules of OrderRobert's Rules of Order
Robert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...
allows this motion to be used if the offending occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly. Otherwise, the proper action is to rescind
Rescind or amend something previously adopted
The motion to rescind, repeal, or annul is used in parliamentary procedure to cancel or countermand a previous action or order.-Explanation and Use:-Robert's Rules of Order Newly Revised :...
the election of the officer. Demeter's Manual
Demeter's Manual of Parliamentary Law and Procedure
thumb|right|125px| Demeter's ManualDemeter's Manual of Parliamentary Law and Procedure, by George Demeter, is a parliamentary authority manual. It is included in the bank of study materials used in preparing for the Certified Parliamentarian designation offered by the American Institute of...
states that the procedure is to either bring charges against him for neglect of duty as presiding officer or abolish his term of office by amending the bylaws with due notice
Previous notice
Previous notice, in parliamentary procedure, is an announcement that a motion will be introduced at a future meeting of a deliberative assembly....
to all members; either of these methods requires a two-thirds vote. Mason's Manual provides, "A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified. When there is no fixed term of office, an officer holds office at the pleasure of the body, or until a successor is elected and qualified."
Examples
An attempt was made to depose Joseph Gurney CannonJoseph Gurney Cannon
Joseph Gurney Cannon was a United States politician from Illinois and leader of the Republican Party. Cannon served as Speaker of the United States House of Representatives from 1903 to 1911, and historians generally consider him to be the most dominant Speaker in United States history, with such...
as Speaker of the U.S. House of Representatives in 1910 using this motion. A similar motion was introduced in the Texas legislature to remove Tom Craddick
Tom Craddick
Thomas Russell Craddick, known as Tom Craddick , was the first Republican to have served as Speaker of the Texas House of Representatives since Reconstruction. Craddick wielded the Speaker's gavel from 2003-2009...
.