04-14-04 Item 2TO: Mayor, Vice Mayor and Commission
FROM: Maria V. Davis, City Manager V..
SUBJECT: April 14, 2004 Workshop Meeting
DATE: April 9, 2004
Attached, please find an informative brochure on Basic Parliamentary Procedure
distributed by the Florida Association of City Clerks, which may be helpful to you in
considering your meeting structure during the workshop meeting.
Basic
Parliamentary
Procedure
Session
Florida Association of City Clerks
October 2003
Randi Sutphin
Professional Registered Parliamentarian
prprandi @aol.com
(407) 277 -9129
Randi Sutphin _
Professional Registered Parliamentarian
4610 Foreland Place ■ Orlando, Florida 32812 ® Phone 407 - 277 -9129 o FAX 407 - 277 -8422
Randi Sutphin is a practicing Professional Registered Parliamentarian based in Orlando, Florida
She has served Organizations for over twenty five years in the following ways:
Meeting and Convention Parliamentarian: Consultant on agenda, committees, officer
reports, minutes and advisor to the Presiding officer and members.
Professional Presider: Non partisan professional presiding.
Consultant to Governmental Bodies: Individual training, seminars for governmental agencies,
writing of rules of procedure for Governmental bodies.
Bylaw consultant: Advisor to organizations, business or governmental bodies, on writing and
revising bylaws and constitutions.
Speaker, Workshops, Seminars: Teach Parliamentary Procedure in class room settings,
workshops and seminars for colleges , universities, and governmental bodies. A guest speaker for
meetings and dinner meetings. Provides instruction in procedure for Professional
Parliamentarians for the National Association of Parliamentarians and the Academy of
Parliamentary Procedure and Law.
Written opinions: Professional research on specific questions /and or problems.
Serves as Parliamentarian for: Local, State, National and International organizations
Currently President of Agenda Associates, Parliamentary Consultants, and serves as a
Parliamentary Research Editor for the National Parliamentarian, the official Publication of the
National Association of Parliamentarians.
Author: Authored, Basic Parliamentary Procedure for Governmental Bodies, Magazine
articles and Manuals.
,.
4�61) gaze-
. U 110 9J
A good definition of parliamentary law could be taken from a line in the preamble to the
Declaration of Independence, "a decent respect to the opinions of mankind." Parliamentary Law
is just that. When correctly used parliamentary procedure will assist deliberative assemblies in
doing business in a decent, respectful and fair way.
MOST PEOPLE ARE INCLINED TO ACCEPT A DECISION MADE IF THEY FEEL .
THE PROCESS HAS BEEN HANDLED FAIRLY.
Parliamentary procedure is used as a servant_
Parliamentary procedure must NEVER be used to "play games" or hinder, but rather to help in
reaching the truth as a majority of the members see it.
In parliamentary procedure the individual has the following rights:
1. The right to know - due notice; approval of minutes.
2. The right to speak - rules of debate.
3. The right to vote - definition of membership.
4. The right to hold office - fair representation.
IS PARLIAMENTARY LAW REALLY LAW?
Parliamentary law is a part of common law.
Parliamentary law developed precedent by precedent as decisions were made in
legislative bodies and in courts. The "law has been evolving upon the basis of
court decisions.
Parliamentary law is a system of principles, not a group of haphazard rules. It
was developed over a long period of time. All meetings must use proper
CAN WE BECOME "BOGGED DOWN" IN PARLIAMENTARY PROCEDURE?
There is no such thing as being bogged down by parliamentary procedure. Only in the ignorance
of parliamentary procedure can we become bogged down Livy stated that "we fear things in
proportion to our ignorance of them." Many people fear parliamentary procedure because of
their ignorance in parliamentary procedure. Once a person learns the principles of parliamentary
procedure and certain rules, it becomes common sense and is easier to use.
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TO BE A SUCCESSFUL LEADER IN ELECTED OR APPOINTED POSITIONS, A
PERSON MUST BE KNOWLEDGEABLE ON THE BEST AND MOST EFFECTIVE
WAY TO HANDLE BUSINESS.
No one is truly effective when they have reached the boundaries of their knowledge.
Any person, organization, or governmental body receives the "proper respect" from others to the
degree that they respect themselves. If proper respect for the procedure at meetings is
demonstrated by the members, it shows not only respect for the individual, but respect for those
persons who elected them and for those they represent.
UNDERSTANDING THE PRINCIPLES
In understanding parliamentary law it is important to understand the principles. All organizations
and public bodies have some rules they must adopt and rules that are set for them by a higher
governmental body. These rules will be used whenever the body meets or makes a decision. If
the body does not follow its own rules or the rules set by the higher governmental body, then the
decisions that are made may be rendered null and void.
A quorum must be present. A quorum of an organization and it's board is set in the
bylaws. If it is not determined by a higher rule, then the common law that a quorum consists of a
majority of the members of the body is used. The quorum does not change if there is a vacancy or
a disqualified member. If at any time in a meeting a quorum is not present, the chair or some
member should immediately call attention to the fact that there is no quorum. No official business
can be conducted if a quorum is not present. This matter must be resolved before further business
is handled. Those members and only those members who are present are counted in the quorum
even though they may abstain from voting.
The issues that the body considers must be presented so that a question is
brought before the members. This question, more often called the motion must be clear so
that the members understand what is expected of them should this motion pass.
There must be opportunity to discuss (debate) the question. Remember that the
issue (motion) is under discussion and not a person or personality.
A vote must be taken. A motion is decided, with few exceptions, by a majority vote.
Rules must not conflict. Any matter that is decided by the members must not conflict with
any existing rules or any rules of a higher governmental body.
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Finality of a motion. If a motion on a subject has been decided, it may not be presented
again at the same meeting except by the motion to reconsider the vote taken on the subject.
There are some motions that may not be reconsidered.
Parliamentary Procedure will:
1. Speed up your business - the rules are set to be fair, but also to keep the meeting
running smoothly and quickly.
2. Maintain order - only one member may have the floor at a time, only one member
make speak at a time, and only one order of business may be on the floor at a time.
3. Insure justice and equality - all members are equal.
4. Accomplish the purpose - why you are there - why you were formed.
Most conflicts within a group arise when a matter is resolved through disregard of
members rights.
The Basic Fundamentals are:
1.
Courtesy to all.
2.
One item at a time.
3.
Majority rule.*
4.
Respect for the rights of the minority.
5.
Partiality for none.
6.
Protection of the absentee.
* Majority vote indicates that the whole board or committee can do only that which a
majority of the members are willing to do. When a body votes as a majority on an issue,
in essence it is saying that this is the best answer they have for resolving this issue at this
time.
When a body meets to discuss an issue, new insights and ideas are discovered. It is not necessary
for everyone to agree all of the time. There is a maxim that states: If I have a dollar and you have
a dollar and we each give to the other person our dollar, then we each still have one dollar.
However, if I have an idea and you have an idea and I give you my idea and you give me your
idea, then we now each have two ideas. This type of discussion makes for a healthy organization.
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Summing up:
1. The membership of the body is paramount. Its wishes supersede those of any individual or
small group of individuals.
2. All members are equal. All members have the same rights, i.e to introduce business, to
participate in deliberation and to vote.
3. A quorum must be present in order to transact business legally.
4. Only one main topic may be before the body at a time and only one person may have the
floor at a time.
5. AN ISSUE IS THE ITEM UNDER DISCUSSION, never the person or persons who
introduced it. Personal remarks are ALWAYS out of order.
6. A majority vote decides a question except in cases where basic rights of members are
involved. A two- thirds vote is necessary for any procedural motion that takes away the
rights of a member.
7. Silence gives consent. Any person who does not speak when an issue is presented and
votes for it, or does not vote, gives his/her permission.
There are some persons who see established procedure as parliamentary nonsense. There have
been occasions where the unskilled were tempted to push for quick fixes or fast solutions to
achieve an objective in a meeting by ignoring fair procedure. These errors must be corrected.
The lasting existence of a Democratic society depends upon acceptance of the principles of
parliamentary procedure, grounded in respect for the individual or group of individuals. Without
parliamentary law, absolute power replaces individual rights and this power becomes unrestrained
power. Regard for the law is weakened and our system of self government is lost.
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CLASSES OF MOTIONS
The classification of motions is a way of grouping motions for a particular purpose. The main
motion, the subsidiary motions, and the privileged motions are used in a definite order of
precedence, which gives a rank to each of these motions. The main motion is the lowest
ranking motion. The motion to "fix a time to which to adjourn" is the highest ranking motion.
Incidental motions have no precedence among themselves, but as a group take precedence
over subsidiary motions and yield to privileged motions. Motions that bring a question again
before the body are placed in a separate category and do not have rank and order but are
usually made when no other business is pending before the body.
When a motion is under consideration, motions of a higher precedence areJn order, but
motions having a lower precedence are not.
Chart I and Chart II present information to help in the understanding of motions, their rank
and precedence and other useful information regarding each motion.
THERE ARE FIVE CLASSES OF MOTIONS
1) MAIN MOTION
All business in a meeting is accomplished by placing a main motion on the floor. There can
only be one main motion in the assembly at a time, and that motion must be disposed of
permanently or temporarily before another main motion can be before the members. The
main motion is the lowest ranking motion.
2) SUBSIDIARY MOTIONS
Subsidiary motions assist the members in treating or disposing of a main motion and
sometimes other motions. These motions have rank and order, the higher motion on the
chart taking precedence over the lower.
3) PRIVILEGED MOTIONS
These five motions deal with the rights and privileges of the members. They have the highest
rank with not only each other but all other motions. They are always in order and do not
directly affect the main motion.
4) INCIDENTAL MOTIONS
Many motions are incidental to the business at hand and are in order depending upon their
necessity at the time. They do not have any rank in relation to each other.
5) MOTIONS THAT BRING BACK A QUESTION AGAIN BEFORE THE
BODY
These motions enable the body, for good reason, to reopen a completed question during the
same session, or to take up one that has been temporarily disposed of or to change
something previously adopted and still in force.
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PUTTING THE MAIN MOTION ON THE FLOOR
Members make motions. A motion can be made in response to a recommendation from staff
or a recommendation from a committee or from a member's own desire. A motion has to be
put on the floor by the presiding officer. When a main motion is adopted, it becomes the
officially recorded statement of an action taken by the governmental body.
Steps used in making a motion:
1. In a large meeting, a member rises and addresses the chair; In a small governmental
body or committee remain seated, but still address the chair.
2. Chair recognizes member
3. Member makes a motion.. .1 move that..."
4. Second by another member, if a second is required...
5. Chair states the motion... "It is moved that..."
6. Chair asks for discussion... "Is there any discussion ?" During the discussion would be
the time for amending, referring to committee, postponing, etc.
7. Chair takes the vote... "As many as are in favor say Aye... those opposed say No" or
show of hands or roll call vote.
8. The chair announces the results of the vote. "The ayes have it and the motion is carried"
or "The noes have it and the motion is lost." With show of hands or roll call vote;
"There were voting in the affirmative and voting in opposition ... the motion is
carried or lost."
A motion is officially before the body when it is stated by the chair. A motion is not
before the body nor available for consideration until it has been stated by the presiding
officer. When a motion has been finally stated, and debate has begun, it is too late for
the motion to be corrected at the will of the author and it may be corrected only by
amendments adopted by the body, unless it is a minor grammar or style correction that
does not change the meaning.
SECONDS TO MOTIONS
The purpose of a second is to show that more than one person wishes to, or is willing to,
discuss the question. It does not always imply that the person seconding the motion agrees
with the motion.
DILATORY MOTIONS
A parliamentary motion, when improperly used for the purpose of delaying or obstructing
business, is a dilatory motion. If there are no provisions protecting the body from a dilatory
motion, a minority could constantly make motions that are not in order and mild stop
business. A body has a right to protect itself from dilatory motions. Whenever the chair feels
that a member is using parliamentary tactics to obstruct business, the presiding officer should
first call the motions out of order and then, if the member's tactics continue, not recognize the
member.
VOTING
A vote that calls for those in favor to say "aye" and those opposed "like sign" in a voice vote is
not only out of order in procedure but also confusing. In order for the public, the clerk, and all
members to be assured that the commissioner is voting in the negative, it is important that "no"
be used. A person may not vote "aye" when his/her vote is in the negative.
An abstention is not considered a vote.. An abstention is never counted and the Chair should
never call for abstentions when calling for a vote. If members present desire to defeat a
measure they must vote against it; not voting will not accomplish their purpose. Not voting
says that the member will go along with the majority vote.
When it is desired or in order, a roll call vote may be used. Each member votes when their
name is called by the Secretary. The Secretary then records the name of each member and
how they voted in the minutes.
A tie vote shall cause the motion to be defeated. In an appeal from the decision of the Chair
a tie vote sustains the chairman.
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MOTIONS AND THEIR USES
1. MAIN MOTION: A main motion is made to put business officially before the members.
A person making a main motion must be recognized by the presiding officer. The motion
needs a second. The motion is debatable, amendable, takes a majority vote to pass and may
be reconsidered.
SUBSIDIARY MOTIONS
Subsidiary motions have rank and order and are listed below from the lowest to the highest.
2. POSTPONE INDEFINITELY is a motion that is used so that the body can decline to take
a position on the main question. It is the lowest of the subsidiary motions. Its adoption
kills the main motion for the duration of the session and avoids a direct vote on a motion.
A person making this motion must be recognized by the chair. The motion needs a second,
is debatable, not amendable, takes a majority vote, and the affirmative vote may be
reconsidered.
3. AMEND is a motion to change the wording, and within certain limits the meaning of a
pending motion before the pending motion itself is acted upon. Amend is the most widely
used of the subsidiary motions. When an amendment is adopted, it does not adopt the
main motion that has been amended. An amendment simply states "shall this amendment
become part of the main motion ?" Rejection of an amendment leaves the pending motion
as it was before the amendment was moved.
An amendment cannot introduce an independent question. But an amendment can be hostile
to, or even defeat, the spirit of the original motion and still be germane.
If an amendment is simply and all of the members agree, the amendment can be adopted by
general consent so that the formal process would not be necessary.
An amendment may:
1. Insert or add words, insert a paragraph or add a paragraph..
2. Strike out words or strike out a paragraph.
3. Strike out and insert (which applies to words) or to substitute.
To substitute is, in effect, to strike out a paragraph, or the entire text of a
resolution or motion, and insert another.
There may be a primary and a secondary amendment. The primary amendment must be
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germane to the main motion and the secondary amendment must be germane to the primary
amendment. A person making an amendment must be recognized. The motion needs a
second, it is debatable, amendable, takes a majority vote and may be reconsidered.
Examples of improper amendments are:
• One that is not germane.
• One that would make the adoption of the amended motion equivalent to a rejection of the
motion. Thus, if you moved that "we approve," it could not be amended to say that we "not"
approve because that could be accomplished by simply voting against the motion.
• One that would strike out such words as "Resolved" or another enacting word.
• One that is frivolous or absurd.
• One that would leave incoherent wording or a wording containing no rational proposition.
REFER is a motion the body may use to send a pending motion to a committee, staff
another agency so that the issue may be carefully investigated and put into better condition
for the entire body to consider. A time certain may be included in the motion or it may be
open- ended.
A person making a motion to refer back to a committee, agency or staff must be recognized
by the chair. The motion needs a second, it is debatable only as to whether or not, or to
whom it shall be referred, and with what instructions. It is amendable, it requires a
majority vote, and may be reconsidered. If the motion fails, the pending motion shall be
the motion on the floor prior to the motion to refer.
5. POSTPONE TO A TIME CERTAIN (OR DEFINITELY) is a motion to postpone the
pending question to a more convenient day or hour, or until a certain event has occurred.
This motion can be used when discussion has shown that a final decision should be made
at a later time or date. The postponed item is placed on the agenda for the time or meeting
to which it is postponed. Do not confuse postpone definitely with postpone indefinitely.
A person making the motion to postpone must be recognized by the chair. The motion
needs a second, is debatable as to the reason to postpone, amendable as to the time to
which a main motion is to be postponed, and as to making the proposed question a special
order. It requires a majority vote unless it makes the postponed item a special order, in
which case, a two-thirds vote is required and it may be reconsidered.
6. LIMIT OR EXTEND LIMITS OF DEBATE is used when the body feels that a set time
for discussion of a motion should be limited as to time for the motion as a whole or to an
individual's time given. A member may move to "limit" discussion (debate). This motion
requires a member to be recognized, it needs a second, there may be no discussion
(debate). Common ,sense tells us that you would not debate limiting debate. It is
amendable, it requires a 2/3 vote and it may be reconsidered, without debate, at any time
the motion is in effect. A governmental body that has open public hearings or allows the
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public to speak before the members should have a rule that states the amount of time a
person may speak and rules pertaining to the members allowable time or time that will be
given to that particular issue..
7. PREVIOUS QUESTION (CALL THE QUESTION) is the motion used to close debate
and bring the body to an immediate vote on one or more pending motions. The motion to
"call the question" is used when it is clear that further discussion is unnecessary following
a public hearing.. A second is required and no discussion is allowed. One would not
discuss closing discussion. To make this motion, a person must be recognized by the
chair. A person may not simply shout "question." The motion needs a second, it is not
amendable and it requires a 2/3 vote to pass. Once the vote is taken on the previous
question (closing debate) then a vote shall be taken on the motion before the body. The
motion to close debate is the second highest motion of the subsidiary motions. It is also
one of the most abused motions. The abuse occurs when the chair stops discussion when
one person simply calls out question. To call the question (end debate) is a matter the
whole body decides. A body must not allow one person to tell them they can no longer
discuss the matter.
8. LAY ON THE TABLE is a motion to lay the pending motion aside temporarily when
something else of immediate urgency has arisen. This motion is commonly misused in
assemblies and in governmental bodies in place of the motion to postpone to a certain
time. By adopting the motion to table, a majority has the power to halt consideration of a
question immediately without debate. Such action violates the rights of the minority and
individual members if it is for any other purpose than an emergency. It is OUT OF
ORDER IF TIC INTENT IS TO KILL OR AVOID DEALING WITH A MEASURE.
There may be no time set for laying on the table; as for example, a member could not
move to table until a certain time. It is OUT OF ORDER to lay a pending motion on the
table if there is evidently no other matter urgently requiring immediate attention. The
motion is out of order if the intent is either killing a motion without direct vote or
suppressing a question without debate.
The motion to table is the highest ranking motion of the subsidiary motions. Since it is
used.in an emergency, it is not debatable, not amendable, it only takes a majority vote, and
it may not be reconsidered.
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PRIVILEGED MOTIONS
9. CALL FOR THE ORDERS OF THE DAY is a motion used when the agenda, program,
or order of business has strayed off the main objective. It is a way of saying "let's get
back to business." The particular problem of discussing a matter that is not germane to the
subject at hand is a problem for all governmental bodies. A person must not be allowed to
take the time of the members by going off the subject. Sometimes a presiding officer will
not realize that is happening or does not stop the wandering. When this occurs a member
may call for the Orders of the day, meaning "let's get back to the agenda or matter at
hand."
The motion is also used when a general order for that time is not being taken up or when
the time for considering a special order has arrived or passed and it is not being taken up.
It is in order when another has the floor, does not require a second, is not debatable, is not
amendable, and upon a call by a single member the orders of the day (agenda) must be
enforced, except that a two - thirds vote can set the agenda aside temporarily.
10. QUESTION OF PRIVILEGE is a motion that permits a request relating to the rights and
privileges of the body or any of its members. If circumstances occur that impede the
member of the body in attending to the business before them, i.e., too much noise, the
microphone is not working or matters that affect the safety, orderliness, or comfort of the
members, or that affects the honor of an individual member, the member may state to the
chair that he /she has a question of privilege and the matter must be addressed before the
pending business of the body continues. No vote is required unless a motion arises out of
the privilege.
11. RECESS is a short intermission in the meeting which does not close the meeting and after
which business will immediately be resumed at exactly the point where it was interrupted.
A recess may be placed on the agenda or asked by the chair when he /she deems it
advisable or by a motion from a member. If the motion is made by a member, a second
shall be required, it is amendable, and a majority vote taken.
12. ADJOURN requires a second, and it is not debatable (no discussion), nor amendable,
except that in a governmental board or committee, the motion shall contain a time to hear
any uncompleted items on the agenda. See the motion below.
13. FIX A TIME TO WHICH TO ADJOURN is often stated "to fix a time for an adjourned
meeting." It does not relate to the time of adjourning the present meeting but sets the time
and place to continue the business of the present meeting.
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MOTIONS THAT REFER A MATTER BACK
RECONSIDER: If in the same meeting new information or changed situations make it
appear that a different result might reflect the will of the board or committee, a member
may move to reconsider the vote. It is important to remember that this motion must be
made at the same meeting where the action was taken and may only be reconsidered if
there is a valid reason for reconsideration. A chairman should rule as dilatory any motion
for reconsideration that does not follow these guidelines. A motion to reconsider may be
applied to a vote that was either affirmative or negative and shall propose no specific
change in a decision but simply propose that the motion be reopened for discussion and re-
vote. When a motion to reconsider has passed, the reconsidered motion is on the floor and
open for discussion.
Robert's Rules of Order Newly Revised states that a person making the motion to reconsider
must have voted on the prevailing side.
RESCIND: A motion to rescind can change the action previously taken or ordered.
Rescind, also known as repeal or annul, is the motion by which a previous action or order
can be canceled or countermanded. The effect of rescind is to strike out part of or an
entire main motion or resolution which has been adopted at some previous time.
RONR requires a two_ - thirds vote on the motion to rescind if notice to members has not
been given.
The motion to rescind is not in order under the following circumstances:
• When the motion can be reached by the motion to reconsider.
• When something has been done, as a result of the vote on the main motion, that it is
impossible to undo. The un executed part of an order, however, can be rescinded or
amended.
• When the case is in the nature of a contract and the other party has been informed of the
vote.
® When a resignation has been acted upon, or a person has been elected to or expelled from
the membership or office, and the person was present or has been officially notified of the
action.
TAKE FROM THE TABLE: To take from the table is a motion to make pending again
before the body a motion or a series of adhering motions (amendments etc.) that previously
had been laid on the table. A motion is to be laid on the table only temporarily, with the
expectation that its consideration will be resumed after disposal of an emergency matter.
Consequently, as soon as the business or interrupting matter has been disposed of, any
member can seek recognition for the purpose of moving to take the question from the table. If
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it is not taken from the table by the end of next session, the motion dies.
When the motion is taken from the table, it is before the assembly with everything adhering to
the motion. To take from the table requires a second, is not amendable, nor debatable,
requires a majority vote and may not be reconsidered. Robert's Rules Of Order Newly Revised
1990 edition, page 294 -298.
INCIDENTAL MOTIONS
Incidental motions deal with questions of procedure arising out of business. With only a few
exceptions incidental motions are related to the main motion in such a way that they must be
decided immediately before business can proceed. Most incidental motions are undebatable.
INCIDENTAL MOTIONS DO NOT HAVE RANK OR ORDER AS SUBSIDIARY OR
PRIVILEGED MOTIONS.
POINT OF ORDER: When a member thinks that the rules of the assembly are being
violated, he/she can make a point of order, which calls on the chair for a ruling and an
enforcement of the regular rules. It is a right of every member who notices a breach of the
rules to insist on their enforcement. A point of order must be made at the time of the breach.
A member may, without recognition, call point of order. A member may not use the point of
order to debate the motion before the body.
APPEAL FROM THE CHAIR'S DECISION: Whenever a member believes that the chair
is mistaken in his/her ruling, a member may appeal from the chair's decision. It requires a
second and is generally debatable with the chair speaking first, explaining his/her ruling, and
the chair may close the debate by a statement at the end defending the ruling.
An appeal can be made on a ruling only and cannot be made:
A. In response to a parliamentary inquiry or point of information.
B. In areas that challenge verifiable rulings of factual nature
The vote is taken on sustaining the chair's decision. In this special case a tie vote sustains the
chair because it takes a majority of those voting to overturn the chair's ruling. The principle is
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that the chair's decision stands until reversed by a majority.
DIVIDE A MOTION: If a motion presented contains two or more parts capable of standing
as separate questions, a member may move to "divide the motion ". The motion requires a
second, and is not debatable. It is amendable and it requires a majority vote.
CONSIDER SERIATIM: If a main motion is in the form of a resolution or document
containing several paragraphs or sections which are not separate motions but could be
discussed more efficiently if it is discussed in sections, the motion to discuss "seriatim" (by
paragraph or sections) may be made. A second is required, its not debatable, is amendable
and it requires a majority vote.
WITHDRAW A MOTION: Once a motion has been made, seconded and stated by the chair
it belongs to the entire body and not the maker of the motion; therefore, if a member wishes to
withdraw a motion that is officially before the body, action of the body must be taken. This
may be done by general consent, i.e., "if there are no objections the motion shall be
withdrawn." If there is objection to it being withdrawn, a second shall be required, it is not
debatable and a majority vote is required.
PARLIAMENTARY INQUIRY AND POINT OF INFORMATION: These are questions
directed to the chair in obtaining information on a matter of parliamentary law or the rules of
the body in regard to the business at hand. It does not require a second, is not debatable, is not
amendable and requires no vote to be taken. The chair is not obliged to answer hypothetical
questions. The chair's reply may not be appealed, since it is an opinion, not a ruling.
SUSPEND THE RULES: When the body desires to take up a-question or do something that
would be in violation of a rule that applies, a member can move to suspend the rules to permit
the purpose to be accomplished. IT MUST BE REMEMBERED THAT THE BYLAWS or
CONSTITUTION, LOCAL, STATE OR NATIONAL LAW, OR THE FUNDAMENTAL
PRINCIPLES OF PARLIAMENTARY LAW MAY NOT BE SUSPENDED. The motion
needs a second, is not debatable, is not amendable, and usually requires a two- thirds vote, and
it can not be reconsidered.
DIVISION OF ASSEMBLY: Whenever a member doubts the result of a voice vote or a vote
by show of hands he /she may call for a division. This will enable the member to obtain a
conclusive result. Division requires no second or vote because it is a request
READ A PAPER: If any member objects, a member has no right to read from or to have the
secretary read from any paper or book that is not before the body for a vote. He /she may not
read a paper or book as a part of his speech without permission of the body. This rule protects
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the use of reading as a means of prolonging debate as a means of delaying business. It may be
made in the form of a motion, "Mr./ Madam Chairman, I ask permission to read...," it would
require a second, it is not debatable, is not amendable and would require a majority vote. Or
the Chair may state, "if there are no objections, the member may read.. .
CLOSE NOMINATIONS: Except for the Democratic or Republican Convention, a
governmental body does not need the motion to close nominations. When nominations have
been made by a committee or from the floor, the chair should inquire whether there are any
further nominations. When there is no response, the chair would declare the nominations
closed. The motion to close nominations would not be in order if a member is seeking the floor
to make a nomination.. When no one wishes to make a further nomination, it serves no
purpose. If it is used, it requires a two- thirds vote.
15
I. RANKING MOTIONS CHART
MODIFIED FOR GOVERNMENTAL BODIES
^n
rrivne
ea motions gam/ p7 PV -4 �=
13
Fix time to which to adjourn.
Yes
No
Yes
Maj
yes
12
To adjourn, -
Yes
No
No
Maj
No
11
To take a recess
Yes
No
Yes
Maj
No
10
Question of privilege
No
No
No
* - --
No
9
Call for orders of the day
No
No
No
= - --
No
Subsidiary Motions
8
Lay on Table,--:/.-, _ -_° _- :.
Yes
No
No
Maj
No
7
Previous Question
Yes
No
No
213
Yes
6
Limit or Extend Limits of Debate
Yes
No
Yes
213
Yes
5
Postpone Definitely
Yes
Yes
Yes
Maj
Yes
4
Commit or Refer.'
Yes
Yes*
Yes
Maj
Yes*
3
Amend - _ _
Yes
Yes
Yes
Maj
Yes
2
Postpone Indefinitely,
Yes
Yes
No
Maj
Yes*
Main Motion
1 11
Main Motion I
Yes
I Yes
I Yes
I Maj
I Yes
"Consult Robert's Rules of Order Newly Revised for special rules.
CHART II. MOTIONS
GOVERNMENTAL BODIES
� � O
UFO
INCIDENTAL MOTIONS
Appeal
Yes
Yes*
No
Ma'*
Yes
Suspend Rules'.
Yes
No
No
213*
No
Point of Order
No
No
No
No
No
Objection to Consideration
No
No
No
213*
Neg*
Vote
Division of Asgembly
No
No
No
No
No
Read a Paper
Yes
No
No
Ma'
Yes
Withdraw a Motion
No*
No
No
Maj*
Yes oce
Divide a Question
Yes
No
Yes
Ma'
No
Close Nominations or Polls
Yes
No
Yes
2/3
No
Consider oeriatirn
Yes
No
Yes
Ma'
No
UNCLASSIFIED MOTIONS
MOTIONS THAT BRING BACK
Reconsider
Yes
Yes*
No
Ma'
No
Rescind - _ = .
Yes
Yes*
Yes
Maj **
N vote
Take From The 'Table
Yes
No
No
Ma'
No
* Consult Robert' Rules of Order Newly Revised for special rules.
** With previous notice. Without previous notice - 213 vote.
17
THE MEETING
.. it is for the happiness of those united in society to harmonize as much as
possible in matters which they must of necessity transact together ".
Thomas Jefferson
AGENDA: An agenda is a list of the specific items under each division of the order of business
that the organization, board or committee plans to present to a meeting. A written agenda
should always be given to members before the meeting begins.
COMMITTEES AND AGENCIES: All committee chairmen have the same rights as other
members of the committee or agency in presiding over the committee or agency, provided that
there is not a written rule to the contrary.
PRESIDING
The word "preside" comes from two French words which mean "to sit before." It is from the word
preside that we get our word president. Bylaws or charters may refer to the presiding officer by
other titles such as Chairman, Moderator, Mayor, etc. The art of presiding begins with knowing the
proper use of the gavel, the symbol of the presiding officer and used by him/her in presiding. The
gavel may be used, according to General Henry M. Robert, in three instances during a meeting.
1. Call the meeting to order.
2. Call attention to breaches of order by members in the meeting.
3. Adjourn the meeting.
CALLING THE MEETING TO ORDER
When the hour arrives, if a quorum is present, the presiding officer should rap the gavel lightly and
say, "the meeting will come to order." In case there is no gavel and in small rooms a simply tap with
18
a pencil will suffice. The object is simply to attract the attention of all present, so they will listen to
what the presiding officer is about to say. It is a great mistake to pound on the table as if trying to
drown the noise in the hall by making more noise himself/herself.
BREACHES OF ORDER
If there has been a slight breach of order such as failing to confine his/her remarks to the merits of
the pending question the chair simply raps lightly, points out the fault and advises the member to
avoid it.
ADJOURN
Adjournment may be signaled by a single rap of the gavel, if desired.
GAVELING THROUGH A MEASURE
Under legitimate Parliamentary Procedure, THERE IS NO SUCH THING AS "GAVELING
THROUGH A MEASURE." The right of members to debate or introduce motions cannot be
cut offby the chair's attempting to put a question to vote so quickly that no member can get the floor
- either when the chair first states the question or when he /she believes debate is ended.
When presiding:
The presiding officer should respond to each situation. Show common sense and fairness to
all members. He /she must show impartially at all times.
Presiding is an art - knowing homer to arduously discourage the member who talks too much
or too often, encourage the member who has a hard time talking to an issue, .
The Presiding officer should stimulate and encourage discussion and see that all sides are
given by alternating the discussion
Make sure that all members understand the motion or item before them.
Should protect the members from improper conduct by other members and the public and
not allow the use of dilatory tactics and abide by the decorum of debate.
Should be firm and decisive but not dictatorial.
Should be courteous and patient, yet have the ability to move the meeting.
The ability to lead is a most important quality.
What makes a good leader in a meeting?
A. Ability to get along with people.
B. The ability to delegate.
It is easy to "do it yourself' so that it gets
with good leaders.
done. A leader surrounds herself/himself
19
C. The knowledge of Parliamentary Procedure.
it is unfair to the members for a person to preside over a meeting when the knowledge
of Parliamentary Procedure is lacking. Time is something that is valued by all people
and no one has the right to abuse another person's time.
D. A Sense of Humor
NEVER take yourself so seriously that you forget to laugh.
E. Respect for your position and others.
To serve not Dictate
Every governmental body must have rules that are adopted in regard to citizens addressing the
board, committee, commission or agency. Citizens have the right to attend the meetings of most
governmental bodies and may be permitted to address the body on matters that are relevant to the
business. Some governmental bodies require citizens to request permission to speak in advance of
meetings where appropriate. Citizens must observe all of the rules that are set, therefore, it is
essential that governing bodies have established rules to handle this situation. Members ofthe public
attending the meetings ofthe governmental body do not have the right to interrupt or heckle. They
have the right to ask to be heard by requesting permission of the body through the chair at the
appropriate time. All questions, comments and remarks must always be addressed through the chair
and not to an individual commissioner. Citizens also have the right to submit written petitions,
protests, and requests for hearings.
VOTING BY PUBLIC OFFICIALS
As mentioned in the section on voting in governmental bodies, some states require governmental
board members to vote on any official decision, ruling, or other official act. The statutes of each
state give directions to their governmental boards on the procedure that is used if for any reason
there is a possible conflict of interest.
DECORUM IN DEBATE
It was stated earlier that any person or organization receives the respect from others to the degree
they respect themselves.
0111
SOME THOUGHTS FOR DECORUM IN DEBATE
In discussion the remarks made by the members should be confined to the motion or matter
that is before them.
2. In discussion a member may condemn the nature or likely consequences of the proposed
measure in strong terms, but must avoid personalities, and under no circumstances can he /she
attack or question the motives of another member. The issue, and not a person, shall be the
item under discussion. For example, if a member disagrees with a statement by another in
regard to an event which both witnessed, he cannot state in debate that the other's statement
is false; but he might say, I believe the member is mistaken'." Robert's Rules Of Order
Newly Revised, page 332.
3. The chair would immediately call as "out of order," any remarks made in regards to
comments outside the issue being addressed. Another member may call to the attention of
the chair this breach of procedure and decorum. The member making such remarks should
immediate!,- e!, cease the reach of decorum and continue with his/her remarks confined to the .
issue.
4. All remarks are made through the chair and one member may not interrogate another
member or person speaking from the public except through the chair.
5. After a member has spoken or asked questions on a matter before the body, other members
are given the opportunity to speak. If no other member wishes to speak, the member may
continue speaking to the issue.
6. During discussion, voting members may not disturb the other members in any way that may
be considered disruptive to the proceedings or hamper the transaction of business.
7. The chair may rule as "out of order" any action deemed "inappropriate" or dilatory and may
interrupt a speaker for reasons .deemed necessary by the chair.
8. Profanity and disorderly language or gestures at meetings are prohibited.
9. ALL MATTERS ARE DIRECTED THROUGH THE CHAIR.
EXAMPLES OF DEBATING (DISCUSSING) MOTIONS
When a motion is before the body, and it is a motion that creates a great deal of "feelings," a member
can best serve himself/herself and the body by relating facts rather than feelings.
Trying to regulate feelings does not work. Members do not like to be told how to feel. Presenting
the facts will better serve the situation.
TO SPEAK IN FAVOR OF A MOTION
Addressing the chair... "Mr./Madam chairman„ I am in favor of the motion" and continue to give
21
the reason for speaking in favor. Then conclude with a statement such as, "Therefore, I hope the
motion will pass" or "I therefore urge the members to vote yes." Have you ever heard someone
speak to a motion and you were not sure whether he/she ?vas in favor of the motion or against the
motion?
TO SPEAK AGAINST THE MOTION
Addressimu the chair... "I speak against the motion" and continue giving the reason for speaking
against. In speaking, make your points clear so that persons understand why you are speaking
against the motion. Then conclude with a statement such as, "Therefore. I urge the members to vote
against the motion."
22
SOME THOUGHTS FOR DECORUM IN DEBATE
1. In discussion the remarks made by the members should be confined to the motion or matter
that is before them.
2. In discussion a member may condemn the nature or likely consequences of the proposed
measure in strong terms, but must avoid personalities, and under no circumstances can he /she
attack or question the motives of another member. The issue, and not a person, shall be the
item under discussion. For example, if a member disagrees with a statement by an other in
regard to an event which both witnessed, he cannot state in debate that the other's statement
is false; but he might say, " I believe the member is mistaken'." Robert 's Rules Of Order
Newly Revised, page 332.
3. The chair would immediately call as "out of order," any remarks made in regards to
comments outside the issue being addressed. Another member may call to the attention of
the chair this breach of procedure and decorum. The member making such remarks should
immediately cease the breach of decorum and continue vdth his/her remarks confined to the
issue.
4. All remarks are made through the chair and one member may not interrogate another
member or person speaking from the public except through the chair.
5. After a member has spoken or asked questions on a matter before the body, tither members
are given the opportunity to speak. If no other member wishes to speak, the member may
continue speaking to the issue.
6. During discussion, voting members may not disturb the other members in any way that may
be considered disruptive to the proceedings or hamper the transaction of business.
7. The chair may rule as "out of order" any action deemed "inappropriate" or dilatory and may
interrupt a speaker for reasons .deemed necessary by the chair.
S. Profanity and disorderly language or gestures at meetings are prohibited.
9. ALL MATTERS ARE DIRECTED THROUGH THE CHAIR.
EXAMPLES OF DEBATING (DISCUSSING) MOTIONS
When a motion is before the body, and it is a motion that creates a great deal of "feelings," a member
can best serve himself/herself and the body by relating facts rather than feelings.
Trying to regulate feelings does not work. Members do not like to be told how to feel. Presenting
the facts will better serve the situation.
TO SPEAK IN FAVOR OF A MOTION
Addressing the chair... "Mr./Madam chairman„ I am in favor of the motion" and continue to give
21