Leadership Letter
September 2022

ASK COUNSELOR TARA
ASCE’s General Counsel Tara Hoke responds to legal questions posed by Sections and Branches here each month. Send Tara an email with your question.
Under Robert’s Rules, when can the president/chair of my group vote on motions?
It is often believed that the presiding officer of a meeting (e.g., the president of a board, or the chair of a committee) cannot vote except to break a tie, but this assumption is not entirely an accurate assessment of Roberts Rules. 

In fact, if the president/chair is a full member of the board or committee, then s/he is presumed to have the same rights as every other member, including the rights to make a motion, to participate in debate, and to vote on a motion.

That said, it is important to note that the purpose of parliamentary procedure is to ensure that everyone is treated fairly and has an equal opportunity to participate – and a critical element of that “fairness” is the need for an impartial arbitrator to oversee the proceedings. For that reason, Roberts considers it a custom of formality that the presiding officer maintains his/her impartiality in all matters, except as follows:

  1. Where the presiding officer’s vote will change the result. Note that this is not just to “break” a tie; it can also be a vote to make a tie or to otherwise impact a motion (e.g., if a vote requires a 2/3 approval, and only 3 of 6 members have voted to approve, a vote by the chair can create the necessary 2/3).
  2. When the vote is taken by secret ballot. If the vote is conducted anonymously, then there is no risk that the chair’s vote will affect the perception of his/her neutrality.
  3. In small, informal board or committee meetings. Many of the formalities outlined in Robert’s Rules can be waived for small boards or committees, including the need for a motion prior to beginning discussions, the requirement of a second for all motions, and the chair’s role as an impartial arbiter. If the small board/committee wishes, the chair can make motions, debate, and vote.
Finally, there is one other way by which a president or chair can participate in a vote. If the president/chair feels strongly about a particular issue and wishes to be part of the discussion and vote, the chair can temporarily hand over the role of presiding officer to another member and take place in the discussion as a regular member.