Legal Definitions - out of order

The term "out of order" has two primary meanings in a legal or formal procedural context, typically referring to either a proposed action or the conduct of an individual during a meeting.

• 1. (Of a motion or proposal) Not permissible or valid under established rules.

  When a motion or proposal is declared "out of order," it means that it cannot be properly considered or voted upon during a meeting because it violates the established rules of procedure, the organization's governing documents (like bylaws or a constitution), or applicable laws. Such a motion might be inherently inappropriate, conflict with a previously adopted decision, or propose an illegal action. If an "out of order" motion is mistakenly adopted, it is generally considered null and void.

  • Example A: During a homeowners' association board meeting, a board member proposes a motion to use the association's emergency reserve fund to build a new, non-essential recreational facility. The association's bylaws clearly state that the emergency reserve fund can only be accessed for unforeseen structural repairs or critical infrastructure failures.

    Explanation: The proposed motion is "out of order" because it directly conflicts with the specific provisions outlined in the association's bylaws regarding the permissible use of the emergency reserve fund.

  • Example B: At a school board meeting, a board member introduces a motion to ban all textbooks published by a specific company, citing personal dislike for the company's CEO, without any educational justification or review process.

    Explanation: This motion would likely be declared "out of order" as it could violate established district policies for textbook selection, potentially infringe on academic freedom, or be seen as an arbitrary action without proper legal or procedural basis.

• 2. (Of a person) Guilty of misconduct or a breach of decorum during a meeting.

  When an individual is declared "out of order," it signifies that their behavior, speech, or actions during a formal meeting are disruptive, disrespectful, or violate the established rules of conduct and decorum. This often occurs when a participant interrupts speakers, uses inappropriate language, or refuses to adhere to the chair's rulings.

  • Example: During a heated public hearing on a proposed zoning change, a member of the audience repeatedly shouts over the city planner who is presenting, refuses to sit down when asked by the chairperson, and uses offensive language directed at the council members.

    Explanation: The audience member's actions—shouting, refusing to comply with the chair, and using offensive language—constitute a breach of decorum and established rules for public participation, making their behavior "out of order."