Mayor and Council Members:

As someone who has had a lengthy relationship with Robert’s Rules of Order, I cringe whenever I observe its provisions being misapplied or misused because that often means that democratic practice is also being thwarted, either by ignorance or malign intent. During city council meetings in recent times, I have been particularly distressed by the chair’s frequent use of the phrase, “You are out of order.” I believe you all would benefit from +guidance straight from the 12th edition, the latest and greatest update to the venerable Rules. Section 4:17 states the following:

. . . When a member who has legitimately obtained the floor offers a motion which is not in order, the chair may be able, in certain instances, to suggest an alternative motion which would be in order and carry out the desired intent to the satisfaction of the maker. If the chair is obliged to rule that the motion is not in order, he says, “The chair rules that the motion is not in order [or “is out of order”] because [briefly stating the reason].” (He must not say, “You are out of order”, nor, “Your motion is out of order.” To state that a member is out of order implies the member is guilty of a breach of decorum or other misconduct in a meeting, and even in such a case, the chair does not normally address the member in the second person. . . . If the chair rules that a motion is not in order, his decision is subject to an appeal to the judgment of the assembly. . . .

In my view, the chair has a duty to enforce both the procedural rules and the rules of etiquette of the assembly over which s/he presides. The enforcement must occur in a manner that respects the rights and personhood of all participants. Use of armed force against those who have not employed force themselves should not be a commonplace practice. Historically, force has been the tool of authoritarians and despots. Its habitual employment can be more injurious to democratic governance than many of the forms of disruption it is used to suppress.

Arbitrary and inconsistent enforcement of the rules of decorum also breeds disrespect among the governed. In the council meeting of May 31, 2022, Council Member Battle was interrupted repeatedly by some people in the council chamber during his time holding the floor. That should not have been allowed. The chair did attempt to tamp down the calling out from the guest seats but did not persist. Disruption of the scheduled proceedings by outbursts from members of the public must be addressed respectfully but unwaveringly. Chaos, also, does not serve the ends of democratic governance.

I call upon the mayor and council members, then, to perform your duties in a professional and impartial manner. You must yourselves “respect the seriousness of [the] forum” in which you carry out your responsibilities as elected officials. The public must see you modeling the behavior that you expect of them. Stand on the high ground.

Please let me know if you need additional information.

Yours truly,
Mark Geduldig-Yatrofsky