Paul Clarke Nonprofit Resource Center 4 Series - July 23, 2009

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Presentation transcript:

Paul Clarke Nonprofit Resource Center 23 @ 4 Series - July 23, 2009 Because Robert Said So! Parliamentary Procedure Explained Paul Clarke Nonprofit Resource Center 23 @ 4 Series - July 23, 2009

Parliamentary Procedure Traces back to 5th Century England 1801 Thomas Jefferson compiled manual Widespread use in USA in 1876 when Robert’s Rules of Order published To date 10 Editions published Parliamentary law developed mainly in USA The actual hands-on usage of parliamentary procedure did not become widespread in the United States until Henry Martyn Robert published his famous Rules of Order in 1876. Henry Martyn Robert was an engineering officer in the regular Army. Without warning he was asked to preside over a public meeting being held in a church in his community and realized that he did not know how. He tried anyway and his embarrassment was supreme. This event, which may seem familiar to many readers, left him determined never to attend another meeting until he knew something of parliamentary law. Ultimately, he discovered and studied the few books then available on the subject. From time to time, due to his military duties, he was transferred to various parts of the United States where he found virtual parliamentary anarchy since each member from a different part of the country had differing ideas of correct procedure. To bring order out of chaos he decided to write Robert's Rules of Order as it came to be called

Rules Governing an Org State & Federal Law Articles of Incorporation Governing Docs of Parent Org By-Laws & Local Constitution Standing Rules Rules of Order Precedent & Custom A. State and Federal Law - governing corporations, tax-exempt organizations, public legislative bodies, etc. B. Articles of Incorporation - applicable to corporations C. Governing Documents of Parent Organizations - applicable to chapters, affiliates, etc. of larger organizations D. Local Constitution and Bylaws - defines the organization's basic structure and fundamental rules. Normally requires a 2/3 vote and prior notice for amendment and are not subject to suspension. E. Standing Rules - operating procedures consistent with all of the above. Normally can be amended by majority vote at any business meeting and can be suspended. F. Rules of Order - parliamentary authority, superseded by any of the above which conflict. G. Precedent and Custom - apply when there are no written rules governing a situation.

Parliamentary procedure has been described as a “means of reaching decisions on when and how power shall be used”  According to such a definition, procedure is at once the “means” used to circumscribe the use of power and a “process” that legitimizes the exercise of, and opposition to, power. www.associationtimes.com/articles2002/parlpro1102.html

Purposes Justice and courtesy for all. One thing at a time. The rule of the majority. The rights of the minority. ROBERTS RULES OF ORDER NEWLY REVISED. THESE RULES ARE, IN EFFECT, DEFAULT RULES; THAT IS TO SAY, THEY GOVERN ONLY IF THERE ARE NO CONTRARY PROVISIONS IN ANY FEDERAL, STATE OR OTHER LAW APPLICABLE TO THE SOCIETY, OR IN THE SOCIETY'S BYLAWS, OR IN ANY SPECIAL RULES OF ORDER THAT THE SOCIETY MAY HAVE ADOPTED. http://srpln.msstate.edu/seal/03curriculum/organizing/pp/lesson.htm

Basic Principles Equal rights, privileges & obligations Quorum must be present to act Right to full & free discussion One question & one speaker at a time Member right to know immediate pending question Must be recognized by chair to speak Personal remarks always Out of Order Majority decides a question except when member’s basic rights involved Two-thirds vote required for motion that deprives a member of rights Silence gives consent Chair should always remain impartial

Typical Order of Business Call to order Roll Call / Determination of Quorum Adoption of agenda Approval of minutes Reports Officers Standing committees Special committees Special orders Unfinished business New business Program Announcements Adjournment

Presiding Officer’s Role To remain impartial Tie vote only Determine quorum Introduce business in order Recognize speakers Determine if motion in order Determine if motion in order Keep discussion on motion Maintain order Put motions to vote & announce results Employ unanimous consent (when appropriate)

How to Handle a Motion Be recognized by chair Make motion (must be seconded) Here any member may modify wording. Maker must accept or reject If in order, chair states motion & opens debate

Types of Motions Main Subsidiary Privileged Incidental Motions that bring a question again before the meeting Secondary Main Motions—A main motion is one which brings business before the meeting. It is the most often used and is the device by which a matter is presented to the meeting for possible action. Subsidiary Motions—Subsidiary motions assist the meeting in treating or disposing of a main motion. They are always applied to another motion while it is pending. The adoption of one of them does something to this other motion, that is, changes its status in some way. Privileged Motions—Unlike subsidiary or incidental motions, privileged motions do not relate to the pending business but have to do with special, important matters which should be allowed to interrupt the consideration of anything else. Incidental Motions—Incidental motions relate to the pending business or other business. With but few exceptions, incidental motions are related to the main question in such a way that they must be decided immediately, before business can proceed. Motions that bring a question again before the meeting—Either by their adoption or introduction, this type of motion serves the function described by the name of the class. This class of motions allows the members, for good reason, to reopen a completed question during the same session, to take up one that has been temporally disposed of, or to change something previously adopted.

Debate Motion maker goes first Debate closed when: Discussion ends, or Two-thirds vote closes debate Chair restates motion Chair calls for vote Chair announces result DEBATING Each motion that is debated receives ten minutes of debate. The member initiating the motion speaks first. The Chair asks for a rebuttal. All members wishing to speak about the motion receive the opportunity to speak before any one member speaks for a second time. All motions must be seconded and adopted by a majority vote unless otherwise noted. All motions may be debated unless otherwise noted. VOTING Majority vote is more than half of the members. 2/3's vote is more 2/3s or more of the members. Be sure to announce what is being voted on before the vote.

Rules of Debate Personal attacks not permitted Discussion relevant to question May not speak 2nd time until everyone wishes to speak has Cannot speak more than 2 times, and more than 10 minutes Cross debate not permitted Cannot speak against own motion (can vote against) Personal attacks not permitted Presiding officer must relinquish chair to debate When possible alternate for/against Members may not disrupt assembly Rules of debate can be changed with two-thirds vote

Web Resources http://www.rulesonline.com/ http://www.robertsrules.org/ http://www.parlipro.org/ FAQs http://www.robertsrules.com/faq.html Adopting: http://www.robertsrules.com/authority.html