Parliamentary Procedure William F. Long. History n Neanderthal system u Guy with the biggest club wins!

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Presentation transcript:

Parliamentary Procedure William F. Long

History n Neanderthal system u Guy with the biggest club wins!

History n Neanderthal system n English common law u Evolved from ancient Anglo Saxon tribal customs

History n Neanderthal system n English common law n American developments u Thomas Jefferson’s Manual of Parliamentary Practice for the use of the Senate of the United States (1801) u Luther S. Cushing’s Manual of Parliamentary Practice (1845) F Cushing ( ) was Clerk of the Massachusetts House

History n Neanderthal system n English common law n American developments u Robert’s Rules F An engineering officer in the U.S. army, General Henry Martyn Robert ( ) evolved his rules to deal with public meetings arising in the settlement of the West

History n Neanderthal system n English common law n American developments n Modern practice u Robert’s Rules, latest revision is common non-legislative organizations u Legislative bodies run by their own rules

Basic Tenets of Parliamentary Procedure n Issues are to be discussed so as to move expeditiously to decisions n Standards of conduct and decorum are to be preserved in such discussions n Discussions will allow presentation of all points of view and protect the rights of those with minority opinions

Levels of Application of Rules n The larger the body, the more critical parliamentary law is u Parliamentary procedure is mainly of importance in contentious bodies F Especially critical in legislative bodies u In smaller groups it’s better to be less formal u A useful form: “If there are no objections…”

Deliberative Bodies n The engine of decision making is the deliberative body or deliberative assembly u Defined as a representative group which makes decisions n Can distinguish two kinds of deliberative bodies u Legislative u Advisory

Discussion Preliminaries n Establish a quorum u This is an ongoing responsibility of the chair. Meeting must be adjourned and no action taken in absence of a quorum u The quorum is specified in bylaws or defaults to 50% of members

Discussion Preliminaries n Establish a quorum n Approve minutes u Minutes are approved by common consent; no motion to approve minutes is required u Useful form: “There being no objection, the minutes are approved as read/distributed.”

Normal Discussion n Main Motion u A motion may come from F Committee (no second required) F The floor (second required) u There can only be one main motion at a time

Normal Discussion n Main Motion n Discussion u For simplicity a complicated motion may be considered in parts u Discussion must be on point u Respect colleagues u Remarks should be addressed to chair u Chair alternates points of view u Chair must not express opinion

Normal Discussion n Main Motion n Discussion n Amendment u Amendment must relate to motion u Amendment can’t just insert “not” u Can amend motion and amend amendment, and that’s it u After vote discussion reverts to amended or un-amended main motion or previous amendment

Normal Discussion n Main Motion n Discussion n Amendment n Commit u form: “I move we refer the motion to the ___ committee.” u Successful motion to commit terminates discussion u Commit when amendment process becomes too complicated

Normal Discussion n Main Motion n Discussion n Amendment n Commit n Postpone u Best to postpone to a certain time e.g. next meeting u A motion to postpone indefinitely is in order but should be discouraged

Normal Discussion n Vote u Vote may be forced by moving previous question F No discussion F Requires 2/3 majority u Vote may be taken when discussion exhausted F form: “Are you ready for the question?”

Normal Discussion n Vote u Types of vote F Voice vote Form: “I believe the ayes have it?…Yes.” F Rising vote (show of hands) Required on member request F Secret ballot On majority vote F Vote by mail If required by bylaws or by majority u Chair may vote to break ties

Miscellaneous Motions and Misconceptions n Move to table u Motion allows majority to end discussion u Intended to set aside a motion when something else arises u Out of order when intent is just to kill motion u Should generally be replaced with motion to postpone

Miscellaneous Motions and Misconceptions n Close nominations u Always out of order u Historically used to prevent nomination of an interminable string of “favorite son” candidates

Miscellaneous Motions and Misconceptions n Suspend rules u May only suspend operating rules, not bylaws u May not consider a motion which violates higher authority, e.g. university rules and regulations, state and federal law

Miscellaneous Motions and Misconceptions n Adjourn u Motion not usually necessary F Useful form: “There being no further business, this meeting stands adjourned.”

Miscellaneous Motions and Misconceptions n Quorum call u Chair should constantly be aware of quorum and terminate meeting when there is no quorum u When quorum called, count must take place immediately. u Upon failed quorum, no further action may be taken, even reading non-action committee reports

Miscellaneous Motions and Misconceptions n Withdraw motion u Once a motion is made and discussion has started, it is the property of the deliberative body and may not be withdrawn by its mover n Friendly amendment u Once discussion has started, there is no such thing

Miscellaneous Motions and Misconceptions n Reconsider u A motion may be reconsidered during the meeting in which it is passed F Requires simple majority n Rescind u A motion may be rescinded in a meeting subsequent to that in which it passed F 2/3 majority F Out of order if action already taken

Miscellaneous Motions and Misconceptions n Minutes u Minutes record actions, not discussion u Minutes include F Motions made F Mover F Disposition

Miscellaneous Motions and Misconceptions n Majority u Simple majority=half plus at least one u 2/3 majority=2/3 or more

Miscellaneous Motions and Misconceptions n Point of order u In order at any time u May interrupt discussion u No vote, chair rules F Member may challenge decision of chair Passes by reverse majority

Robert’s References n Robert’s Rules has all the reference materials needed u Handy summary of priority of motions u Tabulation of motions with vital information on each F Form F When in order F Majority necessary u Detailed exposition of even the most esoteric procedures