Robert's Rules Of Orders Decides New Police Commission Chair
By Robert Thomas
It was a case of a seeming deadlock in determining who would be the new Chair of the Moose Jaw Board Of Police Commissioners (MJBOPC) but ten minutes of research online decided the issue.
What decided the issue was Robert's Rules Of Order.
At their January meeting the MJBOPC had to select a chair and a vice-chair as set out in the City of Moose Jaw Bylaw #5599 The Moose Jaw Board Of Police Commissioners enacted August 24, 2020.
The Bylaw states since members of the MJBOPC are appointed to one year terms they must at their first meeting (in January) select a chair person and vice-chairperson.
“Board shall appoint one of the Board members to be Chairperson and another Board member to be Vice-Chairperson at the first meeting in January of each year,” Bylaw 5599 reads.
The Bylaw does not state how the chair or vice-chair are selected nor the rules of what happens in the event of a tie vote.
On Tuesday afternoon that apparently happened when there was a split 2 - 2 vote on selecting the new chair.
Immediately after their being sworn in the four Commisioners present nominated three candidates for the position of chairperson.
Commissioner Clive Tolley nominated Commissioner Doug Blanc.
Commissioner Darrel Markin nominated Commissioner Mary Lee Booth.
Commissioner Mary Lee Booth, who was vice-chair in 2022, nominated Commissioner Darrel Markin.
In the resulting vote there was a tie 2 - 2 tie between Commissioners Blanc and Booth as the number of commissioners at the meeting was an even number at four.
The fifth member the newly appointed Councillor Kim Robinson did not attend the meeting and was therefore not sworn in as a member of the MJBOPC.
Moose Jaw Police Service (MJPS) counsel Destiny Gibney then said she would require a ten minute recess to do some research in what to do next.
City Bylaw 5599 does not make a provision how to select a MJBOPC chairperson or vice-chairperson let alone what to do if there was a tie.
MJ Independent vouched an opinion/question that in the past in another election the Cities Act states ties are broken by pulling a name out of a hat.
Gibney replied the MJBOPC was not governed by the Cities Act.
Commissioner Mayor Tolley broached a solution that since there was a tie that the solution was to telephone the absent Commissioner Robinson.
Gibney replied that since Commissioner Robinson was absent he had not been sworn in and thus could not vote.
After research Gibney made her decision that “according to Robert’s Rules Of Order which is the standard that should is recognized…the Chair doesn’t vote unless there is a tie.”
She did not state which section(s) of Robert's Rules Of Order she was using in making her decision.
Gibney said meeting chair - at the time of the vote - Commissioner Tolley should not have voted.
“As the Chair I am not allowed to vote?” Commissioner Tolley said.
Because the vote had been taken not in accordance with Robert Rules Of Order Gibney said a new vote was taken with Commissioner Tolley as the Chair not allowed to vote unless there was a tie.
THE MOOSE JAW BOARD OF POLICE COMMISSIONERS MEET ON TUESDAY AFTERNOON - MJ INDEPENDENT PHOTO
In new vote Commissioner Booth was elected Chairperson.
Commissioner Booth then took over chairing the meeting.
Newly elected Chairperson Commissioner Booth asked if she could nominate the vice-chairperson.
Gibney said she could.
“We should let it stand because Commissioner Tolley did nominated for the Chair(person) so we should be consistent.”
Commissioner Blanc was then elected vice-chairperson a 2 - 1 vote against Commissioner Markin.
At the first vote - and all subsequent votes throughout the public potion of the meeting - Commissioner Booth voted in an apparent breach of Robert's Rules Of Order.
Despite Gibney's decision the meeting chair only votes to break a tie - where she did not state what section of Robert's she was using - the official site contradicts the interpretation.
The interpretation from Robert's site means Commissioner Booth can also vote in all meeting votes as the chairperson.
According to the Robert’s Rules Of Order Official Website the chair of a meeting can vote and participate fully depending if the number of people at the meeting is less than 12.
“No, it is not true that the president can vote only to break a tie. If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions. So, in meetings of a small board (where there are not more than about a dozen board members present), and in meetings of a committee, the presiding officer may exercise these rights and privileges as fully as any other member.” Source Robert's Rules Of Order official web-site.
Due to the fact the Moose Jaw Board of Police Commissioners do not take media questions as part of their meetings MJ Independent was unable to clarify the full basis for the decision made in the election of the chairperson and vice-chairperson.