Legal Definitions - incidental motion

An incidental motion is a proposal made during a meeting or deliberation that addresses an issue directly related to the ongoing business or the proper conduct of the proceedings. These motions arise spontaneously and must be resolved immediately before the discussion on the main topic can continue. They often concern questions of procedure, privilege, or the rules governing the meeting itself, ensuring fairness and order.

Here are some examples:

• Imagine a neighborhood association meeting where members are debating a proposal to install new playground equipment in the local park. During the discussion, one member realizes that the meeting agenda, which was distributed beforehand, did not include the required financial impact statement for such a large expenditure, as mandated by the association's bylaws. This member then raises a point of order to highlight this procedural oversight.

  This is an incidental motion because it directly concerns the proper procedure of the meeting and the adherence to the association's rules. The point of order must be addressed and resolved (e.g., by postponing the vote until the financial statement is available) before the debate on the playground equipment can legitimately continue.

• Consider a corporate board meeting where the directors are reviewing a complex proposal for a new product launch. The CEO is presenting the marketing strategy, but a board member finds a particular slide in the presentation to be unclear and believes it contains contradictory information regarding projected sales figures. To make an informed decision, the board member needs immediate clarification.

  The board member might make a request for information or a parliamentary inquiry to ask the CEO to explain the discrepancy on that specific slide. This is an incidental motion because it seeks immediate clarification essential to understanding the ongoing business (the product launch proposal) and making a proper decision. It arises directly out of the current discussion and needs to be resolved before the board can proceed with its evaluation.

• During a public hearing about a proposed change to local traffic laws, the room becomes excessively noisy due to construction work outside, making it very difficult for the attendees and the council members to hear the speakers. Several people in the audience begin to express their frustration, unable to follow the proceedings.

  A concerned citizen or a council member might raise a question of privilege to address the disruptive noise and request that the meeting either be paused, moved to a quieter location, or that measures be taken to mitigate the sound. This is an incidental motion because it addresses an immediate issue affecting the comfort and ability of the members and attendees to participate effectively in the meeting, which must be resolved to ensure the integrity and fairness of the public hearing.