In
disciplinary procedures, the
motion
In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...
to declare the chair vacant is used as a remedy to misconduct or dereliction of duty by the
chairperson
The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a Board of directors, board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by ...
of a
deliberative assembly
A deliberative assembly is a meeting of members who use parliamentary procedure.
Etymology
In a speech to the electorate at Bristol in 1774, Edmund Burke described the British Parliament as a "deliberative assembly," and the expression became ...
, when the rules allow it. It is usually combined with a motion to elect a new chair.
Explanation and use
''
Robert's Rules of Order Newly Revised'' 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. If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used. However, the assembly could temporarily remove the chair for the meeting using a
suspension of the rules
In parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended.
Explanation of use
Rules are ess ...
. The bylaws of the organization would determine how to permanently remove 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
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice Se ...
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 Cannon
Joseph Gurney Cannon (May 7, 1836 – November 12, 1926) was an American 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 many consid ...
as
Speaker of the U.S. House of Representatives in 1910, and another in 2015 for
John Boehner using this motion. A similar motion was introduced in the Texas legislature to remove
Tom Craddick
Thomas Russell Craddick (born September 19, 1943) is a Republican member of the Texas House of Representatives representing the 82nd district. Craddick was Speaker of the Texas House of Representatives from January 2003 to January 2009. He was t ...
.
References
{{Parliamentary Procedure
Incidental motions