PARLIAMENTARY PROCEDURE FOR LOCAL GOVERNMENTS THE FINE ART OF HERDING CATS

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1 INSTITUTE FOR LOCAL GOVERNMENT LAWYERS PARLIAMENTARY PROCEDURE FOR LOCAL GOVERNMENTS THE FINE ART OF HERDING CATS IMLA Institute for Local Government Lawyers September 28, 2016 Norma Houston Albert and Gladys Coates Term Distinguished Lecturer for Teaching Excellence UNC School of Government Chapel Hill, North Carolina Trey Allen Assistant Professor of Public Law and Government UNC School of Government Chapel Hill, North Carolina

2 TABLE OF CONTENTS I. Introduction... 1 II. Basic Principles of Parliamentary Procedure... 1 III. Sources of Rules... 3 IV. Seven Common Problem Areas Setting the Agenda Considering Motions Postponing and Revisiting Matters Handling Debate Voting Adjusting for the Type of Meeting Managing Public Input V. Conclusion VI. Additional Resources Appendix A: Selected Suggested Rules of Procedure for Small Local Government Boards Appendix B: Precedence of Motions Charts ACKNOWLEDGEMENT This manuscript is based in part upon previous manuscripts and publications authored by A. Fleming Bell, II, a former faculty member at the UNC School of Government. The authors gratefully acknowledge their debt to Professor Bell. Norma Houston joined the School of Government in 2006, during which time she spent 4 years on staff to UNC President Erskine Bowles. Prior to joining the SOG, Houston served as chief of staff and general counsel to State Senate President Pro Tempore Marc Basnight, as Dare County attorney, assistant attorney general in the NC Department of Justice, and staff attorney for NC Prisoners Legal Services. Houston earned a BS in criminal justice and psychology and a JD from the University of North Carolina at Chapel Hill. She is a member of the North Carolina State Bar and has previously served as an adjunct faculty member at the UNC-Chapel Hill School of Law and teaches state government in the School s graduate program in public administration. Her favorite motion is the clincher. Trey Allen joined the School of Government in He was previously an attorney at Tharrington Smith LLP in Raleigh, where he represented local school boards. Prior to that Allen served as a law clerk for Justice Paul M. Newby of the North Carolina Supreme Court and as a judge advocate in the United States Marine Corps. Allen earned a BA from the University of North Carolina at Pembroke and a JD from the University of North Carolina at Chapel Hill, where he was a published staff member of the North Carolina Law Review. He requires his children to observe the formalities of parliamentary procedure when they argue with each other.

3 PARLIAMENTARY PROCEDURE FOR LOCAL GOVERNMENTS THE ART OF HERDING CATS "Without rules, there would be injustice and confusion. Demeter's Manual of Parliamentary Law and Procedure (1969) I. INTRODUCTION Local government boards are often populated with well-meaning public servants who have little or no understanding of parliamentary procedure. 1 Consequently, they may conduct their meetings informally or casually, applying procedural rules loosely and perhaps even inconsistently. This down-home approach may appear to work well when the matters before the local board are noncontroversial. Yet when controversy arises and it always does presiding officers may find themselves confronted by multiple motions made in rapid succession, and members may become confused about what exactly it is that they are being asked to vote on. In such situations, the board is likely to turn to its attorney for advice. What principles should guide the attorney as he or she formulates a response? II. BASIC PRINCIPLES OF PARLIAMENTARY PROCEDURE While some might find parliamentary procedure dull, even frustrating, it serves important purposes. A paramount goal of parliamentary procedure is to allow organizations to act efficiently based on majority rule but with due regard for the right of all members, including those in the minority on an issue, to participate in a full and free discussion. 2 Parliamentary procedure is intended to make it easier for people to work together effectively to accomplish their organization s purposes. 3 Additionally, because most local government boards are legally established with a continuous existence, 4 rules of procedure can provide their proceedings with continuity and stability in the midst of post-election changes in membership. The fundamental principles of parliamentary procedure applicable to local government boards can be distilled into seven discrete points: First, the board must act as a body. The board s powers do not reside in the members themselves, but in the board as a whole. Members must therefore act as a group in most 1 As used in this manuscript, local government board refers to the governing body of a municipality or county. Most of what appears herein also applies to other local government boards, however. 2 See Robert, Henry M., et al., Robert s Rules of Order Newly Revised (11 th ed. 2011), p. li. 3 American Institute of Parliamentarians Standard Code of Parliamentary Procedure, p. 7 (2012). 4 Compare local government boards to state legislative bodies, which adjourn one legislative session sine die and are constitutionally reconstituted as a new body upon convening of a new session.

4 2 instances to transact business. No authority rests with an individual member unless it has been conferred by law or granted by the board. Second, the board should conduct its business the people s business orderly and efficiently. Rules of procedure are designed to keep group discussions orderly, maintain focus on the business before the board, and help ensure transparency by enabling the public to follow the board s deliberations and understand actions taken. Orderly and efficient meetings also show consideration for the time of the board s staff members and the public. Third, the board must act by at least a majority. The principle of majority rule establishes the fundamental means by which a board exercises its authority. It is grounded in the assumption that majority action represents the will of the board. Fourth, every member should have an equal opportunity to participate. This principle in some respects counterbalances majority rule by protecting the right of the minority to be heard and meaningfully participate in the board s business. In a representative democracy, each member s vote must count equally because the votes of the citizens the members represent count equally. Likewise, the views of each member should be heard because this permits the views of the member s constituents to be heard. Fifth, rules of procedure should be followed consistently. The fairness, transparency, and orderly flow of business that result from the skillful use of procedural rules can be undercut if the rules are not followed consistently. When rules of procedure are applied inconsistently or changed in the middle of the game, the public may regard board members as biased and unfair, and the member or members on the losing side may feel disenfranchised. Sixth, decisions should be based on the merits of the matter, not on manipulation of the rules. Rules of procedure are intended to facilitate the orderly, efficient, and transparent conduct of the board s business. Neither the public nor members like to feel that an otherwise meritorious proposal was defeated by procedural trickery. Familiarity with procedural rules can enable the presiding officer and individual members to deliberate and act in an orderly fashion without being at the mercy of a member who would misuse the rules to thwart the will of the majority or deny the minority its rights. Seventh, rules should help, not hinder. Boards should avoid getting tied up in knots over procedural issues. Rules of procedure are meant to help, not hinder, the board s proceedings. If a board s rules make it harder rather than easier for the board to function, modifications may be warranted. In short, keep it simple.

5 3 III. SOURCES OF RULES As governmental entities, municipal and county boards derive their rules of procedure from multiple sources. Where do these rules come from? State statutes and common law: Important elements of a board s procedures may be governed by state statutes or the common law, such as public notice requirements, quorum calculations, voting majority thresholds for certain actions, public hearings or comment periods, and the responsibilities of presiding officers. 5 Local charter or similar legal authority: Sometimes procedural matters such as the circumstances under which the presiding officer may vote or the number of votes needed for a particular action are addressed by local charter or similar legal authority. Local rules of procedure: Local government boards generally have legal authority to adopt their own rules of procedure, provided those rules are not inconsistent with state statutes, charter provisions, or generally accepted principles of parliamentary procedure. It is helpful to review local rules to ensure that they adequately address the board s procedural needs in a manner that is neither unduly complex nor at odds with other legal requirements. Local rules should always be (1) written and (2) adopted by the board. Suggested local rules that align with the topics in this manuscript are excerpted from UNC School of Government Professor Fleming Bell s Suggested Rules of Procedure for Small Local Government Boards (hereinafter Suggested Rules ). 6 See Appendix A. Fall-back rules: It is quite common for a board s procedural rules to designate a parliamentary authority to be consulted in the event that state law, charter provisions, and the board s own rules do not resolve a particular procedural issue. Robert s Rules of Order Newly Revised (hereinafter RONR ) is often selected as this supplementary authority. Some boards choose to rely instead on Mason s Manual of Legislative Procedure, which unlike RONR is specifically designed for legislative bodies. Whether to designate a supplementary parliamentary authority and which authority to designate are decisions left to the board s discretion. Ideally, rules for all but the most unusual situations will be addressed in the board s local rules. 5 In North Carolina, for example, statutes dictate how the quorum for a city council is calculated, control the number of votes necessary to adopt an ordinance, direct the council to provide the public with advance notice of its meetings, require the council to hold public comment periods, and designate the mayor as the council s presiding officer. 6 A. Fleming Bell, II, Suggested Rules of Procedure for Small Local Government Boards, Chapel Hill, N.C.: School of Government (2d ed. 2012).

6 4 IV. SEVEN COMMON PROBLEM AREAS Many, if not most, of the procedural issues that local government boards come across involve one or more of the seven problem areas discussed below. 1. SETTING THE AGENDA Given the volume and complexity of the business they conduct, most local government boards adopt agendas for their meetings. Some boards use agendas chiefly to organize the materials they plan to consider and to identify the issues members should be prepared to address when they meet. Boards that take this approach routinely allow last-minute additions to the agendas of regular meetings by general consent. Other boards adopt agendas primarily to control the length of their meetings and the order in which business is conducted. A board that takes this approach will often hold an agenda meeting or work session before its regular meeting so that members can ask questions and thoroughly explore the proposals to be voted on at the regular meeting. Ordinarily, such a board will not allow last-minute modifications or additions to its regular meeting agendas absent unexpected developments. Regardless of the process used, control of the agenda ultimately belongs to the board. The presiding officer or manager may draft the agenda, but a majority of the board can always modify it. Including clear guidelines for agenda preparation and modification in the local rules can reduce the likelihood of disputes over proposed agenda changes. An important factor in setting the agenda is the laws governing meetings of public bodies applicable to the local government board. The subject matter and thus, what may be placed on the agenda may be restricted under a state s open meetings laws if the meeting is called for a special or emergency purpose. From a practical standpoint, the following questions commonly arise when setting the meeting agenda: What should be included? What should not be included? What restrictions, if any, does state law impose on the matters that can be considered at a meeting? If an item on the agenda warrants closed (executive) session, how should the item be listed on the agenda? What is the order of business?

7 5 How and at what point during the meeting will the public comment period and any public hearings be held? 2. CONSIDERING MOTIONS The proper disposition of motions can be one of the most challenging aspects of parliamentary procedure for local government boards. A motion is essentially a question put before the board, which the members answer by voting aye (yes) or nay (no). A complex series of motions is actually nothing more than a series of questions to be answered. Nonetheless, determining which question (motion) is to be answered (voted on) in which order, and even whether the question (motion) is appropriate at all (in order), can be difficult for boards whose members are not well-versed in the intricacies of parliamentary procedure. This section addresses some of the rules for handling motions. Categories of Motions Most motions can be categorized as either (1) substantive motions or (2) procedural motions. A substantive motion is the substantive question put before the board; it is the matter of public business that the board has been asked to consider. A substantive motion may deal with any subject within the board s legal powers or duties. Substantive motions are also referred to as main or principal motions. 7 Examples of substantive motions include motions to approve zoning ordinances and to adopt budgets. Only one substantive motion may be pending at a given moment. This rule stems from the basic parliamentary principle that only one subject may be considered at a time. Proceeding in this fashion enables a board to conduct its business in an orderly fashion. A procedural motion acts upon a substantive motion in some way, either directly or indirectly. For example, a motion to amend, if approved, can have a direct impact on a substantive motion by changing its wording. Suppose, however, that while the motion to amend is pending, a member moves to postpone consideration of the motion to amend. If adopted, the motion to postpone will clear the way for the public body to vote on the substantive motion in its original form. Thus, while not aimed directly at the substantive motion, the motion to postpone could have a significant impact on the fate of that motion. Unlike substantive motions, multiple procedural motions can be pending at the same time, a situation apt to cause confusion. Practically every manual of parliamentary procedure attempts 7 RONR does not refer to substantive motions as such; it refers instead to main or principal motions.

8 6 to reduce this confusion through an order of precedence, that is, a hierarchy of motions. It is strongly recommended that a local government board include an order of precedence for procedural motions in its local rules. Sample precedence charts from Professor Bell s Suggested Rules, RONR, and the North Carolina Senate are attached as Appendix B. An order of precedence does two significant things. First, it enables the presiding officer to determine whether a particular procedural motion is in order. A procedural motion is permitted when no motion higher in the order of precedence is pending. For example, a motion to postpone indefinitely can be made while a motion to postpone until a certain date is pending because the former outranks the latter. By this same reasoning, a motion to postpone until a certain date is out of order so long as a motion to postpone indefinitely is pending. Second, the order of precedence establishes the order in which pending procedural motions must be considered. The presiding officer starts with the pending motion that ranks highest in the order of precedence and works his or her way down to the lowest-ranked motion. As a practical matter, this means that the presiding officer takes up the procedural motions in the reverse order in which they were made, as illustrated by the following scenario: Motion to postpone indefinitely the motion to appprove proposed budget 3rd motion: 2nd procedural to the substantive motion Motion to postpone the motion to approve proposed budget until the next meeting 2nd motion: 1st procedural to the substantive motion Motion to approve proposed budget 1st motion: substantive motion

9 7 The presiding officer should first call for a vote on the motion to postpone indefinitely since it was the last motion offered and, if approved, would dispose of both the motion to postpone until the next meeting and the motion to approve the proposed budget. If the motion to postpone indefinitely fails, the motion to postpone until the next meeting should be considered. If that motion passes, the motion to approve the proposed budget is postponed until the board s next meeting. If the motion to postpone until the next meeting fails, then the substantive motion may finally be considered. Motions and Discussion of Agenda Items Under standard parliamentary practice, discussion of a matter takes place after a motion is on the floor. For small boards, this formality is not necessary. In fact, it is both acceptable and quite common for a small board to discuss an agenda item before any motion has been made. Requiring a motion to precede discussion can stifle a board s ability to take up matters. Members may be reluctant to make a motion for discussion purposes for fear that the public will regard such a motion as a sign of support for a particular course of action. One solution suggested by Professor Bell is to note Discussion and Possible Action beside agenda items. 8 This notation alerts members and the public that discussion will occur prior to consideration of any motions. However a board chooses to handle this issue, its practice should be memorialized in its local rules. Seconding Motions Confusion often surrounds the common practice of requiring seconds for motions. When a second is required and not offered, the motion dies for lack of a second. This requirement is designed to save a board the trouble of discussing a matter if only one member is interested in it. While this approach may be an appropriate practice for a large body, it is less so for small local government boards. Even RONR recognizes that motions need not be seconded in smaller groups. 9 In his Suggested Rules, Professor Bell expressly recommends against requiring motions to be seconded. 10 Finally, Mason s does not require motions to be seconded on the theory that, as representatives of their constituents, elected officials are entitled to present matters for a public body s consideration without the support of a second POSTPONING AND REVISITING MATTERS 8 Suggested Rules, p RONR (11 th ed.), p. 488, l Suggested Rules, p Mason s Manual of Legislative Procedure 62 (2010 ed.).

10 8 There are several procedural motions by which consideration of a matter may be postponed or revived: Deferring Consideration to postpone indefinitely, to table, to lay upon the table Under RONR, a motion to postpone indefinitely, if adopted, effectively kills the motion at which it is aimed. The motion to postpone indefinitely is often conflated with the motion to table, which has a different purpose. Strictly speaking, a motion to table really should not be used except to set aside a matter temporarily because another matter demands immediate attention. In Professor Bell s Suggested Rules, the motion to defer consideration essentially takes the place of the motion to postpone indefinitely and the motion to table. Under standard parliamentary practice, a motion to postpone indefinitely is not debatable, requires a second, and takes precedence over most other procedural motions. The same criteria apply to a motion to defer consideration under Professor Bell s Suggested Rules, except that debate is allowed. Revive Consideration remove from the table A motion to revive consideration reverses a motion to postpone indefinitely, thus bringing back the underlying question for consideration. To be in order, a motion to revive consideration must be timely. When a matter has been postponed indefinitely, the standard rule is that it expires unless it is revived by the end of the next regular meeting. Under the Suggested Rules, a matter expires unless taken up again within 100 days. Boards may specify different deadlines for such motions in their local rules. Prevent Reintroduction The clincher The clincher motion prevents a motion or matter from being brought up again, usually for a specified amount of time. (The Suggested Rules recommends a six-month period.). To undo a clincher motion, it is usually necessary for a board to vote to suspend its rules. Postpone to a date certain A motion to postpone to a date certain defers consideration of a question until a designated time. Reconsider A motion to reconsider allows the board to revisit a previous action (vote). Under standard parliamentary practice, a motion to reconsider is in order only if offered by a member who voted with the prevailing side on the previous action. To be timely, a motion to reconsider must be made during the same meeting as the action to be reconsidered. If the motion passes, the underlying question is back before the body for reconsideration, which effectively nullifies the board s previous action and leaves the board free to act differently if a sufficient majority so desires.

11 9 Rescind repeal Unlike a motion to reconsider, a motion to rescind may be made any time. This motion does not bring a question back before the board for renewed consideration (as with a motion to reconsider); rather, its effect is to reverse the board s previous action. A motion to rescind is out of order if rescission of the previous action would violate vested rights or is forbidden by law. Thus, for example, a motion to rescind may not be used to cancel a binding contract. 4. HANDLING DEBATE All members should have an opportunity to speak during the discussion and debate on a matter or any motion. One goal of rules of procedure is to provide an orderly process for this debate. The presiding officer is responsible for controlling the flow of debate and ensuring that all members are afforded a chance to participate. Some presiding officers keep track of those who wish to speak and recognize them in the order they have requested recognition. Others recognize in alternate succession proponents and opponents of the issue. It is important for the presiding officer to prevent other board members from interrupting or otherwise creating distractions when one of their colleagues has the floor. The duty to maintain courtesy and decorum during debate belongs to all members, but the presiding officer is charged with enforcing it. Boards should consider including provisions in their local rules that mandate decorum and courtesy in debate and urge members to refrain from personal attacks. Should the presiding officer participate in debates? Ordinarily the presiding officer is a member of the board and, as such, is entitled to offer motions, debate, and vote on the same basis as other members unless state law or the charter provides otherwise. Nonetheless, presiding officers should keep in mind that active participation in debates can undermine their credibility as presiding officers. Members may be more inclined to question a presiding officer s procedural rulings if they believe that the presiding officer is committed to a particular outcome. For this reason, a presiding officer who becomes heavily involved in the debate on an issue may want to relinquish the gavel temporarily to another member. On a small board this may not always be feasible or desirable, but good leadership on the part of a presiding officer depends, to a certain extent, on not taking sides during debates. If a debate has run its useful course, how can it be ended? The standard mechanism is to call (or move) the previous question. It should be understood that debate does not stop merely because the question has been called. Such a practice would be contrary to parliamentary principles in that it would allow a single member to prevent other members from expressing their views on a pending question. To call the question is to move for an immediate vote on a pending substantive or procedural motion. The board decides by majority vote whether it is ready for debate to end.

12 10 A call of the previous question may not be appropriate to consider if there has been no or very limited discussion. Indeed, in his Suggested Rules, Professor Bell recommends that a local government board s rules prohibit the motion until a designated amount of time has passed and every member has had a chance to speak at least once. The motion s purpose is to end a debate that has ceased to contribute to the board s consideration of a matter, not to prevent meaningful debate. If the call of the previous question is offered subsequent to other procedural motions, it is important to clarify which question is being called so that members clearly understand the matter on which they are voting to end debate. For example, if a motion to amend a proposed budget is pending, the question may be called on both the motion to amend and the motion to approve the proposed budget. On the other hand, the question may be called just on the motion to amend. If the motion to call the previous question is not clearly put, the presiding officer should seek clarification from the member who made the motion. 5. VOTING Standard parliamentary practice requires only a simple majority for the passage of most motions (both procedural and substantive). In most circumstances, simple majority means more than half of votes cast, a quorum being present. Local boards should check state law and their charters to determine if passage of a particular matter requires a majority other than simple, such as twothirds or three-fifths. To the extent not inconsistent with state law, local boards may determine that a majority more stringent than a simple majority is required for certain motions, especially those which have the effect of ending debate or defeating the underlying substantive matter. The rule on voting by the presiding officer varies from jurisdiction to jurisdiction. In the absence of binding authority to the contrary, a board generally has the ability to decide whether the presiding officer may vote on all questions or only to break a tie. Sometimes state law or the local government s charter will specify the circumstances in which the presiding officer may vote. These legal authorities should be consulted before a board attempts to address the issue in its local rules. 12 Votes should always be recorded in the board s minutes to memorialize the official action taken. Whether individual names must be listed (a record of the ayes and noes ) or generic vote totals are sufficient can vary across jurisdictions and may be governed by state law or local charter. Voting by secret ballot is almost universally prohibited for public bodies. 12 A member who is temporarily presiding in the chair s place is still a full member of the board and thus is entitled to make motions and to vote.

13 11 Because voting is the legal mechanism by which the body transacts the public s businesses, members generally have a duty to vote. Boards should therefore give careful consideration to the circumstances under which members may or must recuse themselves or be excused from voting, unless the matter is governed by state law or charter provisions. Acceptable grounds for recusal or excusal usually involve conflicts of interest. When a board s rules permit or require recusal or excusal, clear definitions of key terms like conflict of interest can make it easier for members to recognize when a conflict exists and reduce the likelihood that members will be subject to unfair accusations of unethical behavior. The board must have a quorum present to begin the meeting. A quorum is typically defined as a majority of the board s members, though in some cases state law or charter provisions specify a different method of quorum calculation. Under standard parliamentary practice, once a quorum has been established, it is assumed to exist unless a point of order is raised. Once it has been demonstrated that a quorum is lacking, the board usually has no power to conduct further business beyond taking measures to secure the presence of a quorum or adjourning the meeting. Ordinarily a member who is present but who fails to vote on a matter still counts toward the number needed for a quorum. Boards should review state law and their charters for any provisions pertaining to the impact of absent members, non-voting members, or vacant seats on their quorum determinations. 6. ADJUSTING FOR THE TYPE OF MEETING Some of the procedural rules under which a board operates may vary depending on the type of meeting, legally speaking, the board is conducting. For example, a state s sunshine laws may impose varying notice requirements depending on whether a meeting qualifies as a regular meeting, a special meeting, or an emergency meeting. Similarly, whether the board has the authority to take up a particular matter might depend on the type of meeting being held. It could be, for instance, that state law prohibits a board from taking action at an emergency meeting on any matter unrelated to the emergency in question. 7. MANAGING PUBLIC INPUT Local government boards frequently attempt to obtain feedback from the public through public comment periods and public hearings. Public comment periods are times reserved on the board s agenda for input from the public on virtually any topic. Public hearings are held to obtain input on specific topics. State law may require the board to hold public comment periods at regular intervals. It may also mandate that the board hold public hearings prior to taking certain actions, such as adopting,

14 12 amending, or repealing zoning ordinances. Legal guidance should be requested if uncertainty exists about whether a proposed action is subject to a public hearing requirement. When conducting either a public comment period or a public hearing, a board must take care not to censor speakers based on their viewpoints; censorship of that sort could violate the speakers constitutional right to freedom of speech. 13 Local government boards should adopt simple rules for public comment periods and public hearings to ensure fairness and maintain order. These rules should be made available to the public in advance of the meeting and during the meeting. The rules should be applied consistently to all speakers, and board members should refrain from interjecting comments, challenging speakers, and engaging in other behavior that could be deemed disrespectful to the public. Good rules for public comment periods and public hearings typically include the following: Time limits per speaker (if time limits are imposed, the board should designate a member or staff person as the time-keeper and apply time limits to all speakers consistently); A requirement that large groups identify spokespersons (this rule can aid a board s time management when large groups are present). An admonition to speakers to maintain decorum and conduct themselves courteously; A request that speakers use a sign-in sheet; Reasonable restrictions on signs, displays, and other such items in the meeting room (these restrictions must not violate free speech rights); A statement concerning whether or how the board will receive written comments from speakers (if the board chooses to accept written comments, it may want its rules to address any limitations on the submissions, such as the number of pages); and A statement regarding the extent to which the board will allow handouts, flyers, and similar materials (if the board chooses to limit such materials, the limitations must not violate free speech rights). It is best practice for the presiding officer to announce the beginning and end of any public comment period or hearing. If a meeting agenda includes both a public comment period and a public hearing, the presiding officer should clearly distinguish between the two so that the public is not confused and the minutes accurately reflect that the board conducted both proceedings. 13 For further information on public comment during board meetings, see A. Fleming Bell, II, John Stephens, and Christopher M. Bass, Public Comment at Meetings of Local Government Boards, Parts One and Two, Popular Government 62 (Summer 1997): 3 14 and (Fall 1997): 27 37, respectively. Both parts of this article are available in free PDF downloads at the following link:

15 13 V. CONCLUSION When used properly, rules of parliamentary procedure can greatly enhance a local government board s ability to conduct its business efficiently, effectively, transparently, and fairly. Some of the rules applicable to boards are established by state law. Except to the extent preempted by statute or its charter, a board has broad discretion to formulate its own rules of procedure. The board should strive to craft rules of procedure that are not unduly complex and that enhance, rather than impair, the transaction of public business. By adopting local rules of procedure, a board can minimize its reliance on complex manuals of parliamentary procedure, such as RONR and Mason s. The bottom line? Keep it simple!

16 14 VI. ADDITIONAL RESOURCES Henry M. Robert et al., Robert's Rules of Order Newly Revised (11th ed. 2011). 14 National Conference of State Legislatures, Mason s Manual of Legislative Procedure (2010 ed.). 15 American Institute of Parliamentarians Standard Code of Parliamentary Procedure (2012). George Demeter, Demeter's Manual of Parliamentary Law and Procedure (1969). UNC-Chapel Hill School of Government publications: A. Fleming Bell, II, Suggested Rules of Procedure for a City Council (3d ed. 2000). A. Fleming Bell, II, Suggested Rules of Procedure for Small Local Government Boards, (2d. ed. 2012). Joseph S. Ferrell, Suggested Rules of Procedure for the Board of County Commissioners (3d ed. 2002). TO PURCHASE SCHOOL OF GOVERNMENT PUBLICATIONS, PLEASE VISIT OUR ONLINE BOOKSTORE AT 14 Henry Martyn Robert ( ), was an engineering officer in the regular Army during the Civil War era. He wrote his now-famous manual on parliamentary procedure (first published in 1876) in response to his poor performance in leading a church meeting. Resolving to never repeat the experience, he researched parliamentary law and procedure, ultimately developing the set of parliamentary rules that bear his name. The rules were loosely based on procedures used in the United States House of Representatives, but Robert s Rules were not intended for use in national and state legislatures. The majority of state legislative chambers rely on Mason s Manual of Legislative Procedure. 15 Paul Mason ( ), was an American author, parliamentarian, historian, and scholar. He served as Chief Assistant Secretary of the California State Senate in the first half of the Twentieth Century. His first manual of legislative procedure was published in Before his death in 1985, Mason assigned the copyright of his manual to the National Conference of State Legislatures. The book is edited by an NCSL commission every few years to keep it up-to-date with the latest legal precedents. According to NCSL, 70 of the 99 state legislative chambers in the United States use Mason s Manual as their parliamentary procedure authority.

17 15 APPENDIX A SELECTED SUGGESTED RULES OF PROCEDURE FOR SMALL LOCAL GOVERNMENT BOARDS 16 Rule 4. Agenda (a) Proposed Agenda. The board s [clerk] [secretary] [chief administrative officer] shall prepare a proposed agenda for each meeting. A request to have an item of business placed on the agenda must be received at least [two] working days before the meeting. Any board member may, by a timely request, have an item placed on the proposed agenda. A copy of all proposed [orders] [policies] [regulations] [resolutions] shall be attached to the proposed agenda. [An agenda package shall be prepared that includes, for each item of business placed on the proposed agenda, as much background information on the subject as is available and feasible to reproduce.] Each board member shall receive a copy of the proposed agenda [and the agenda package] and [it] [they] shall be available for public inspection and/or distribution when [it is] [they are] distributed to the board members. (b) Adoption of the Agenda. As its first order of business at each meeting, the board shall, as specified in Rule 6, discuss and revise the proposed agenda and adopt an agenda for the meeting. The board may by majority vote add items to or subtract items from the proposed agenda, except that the board may not add items to the agenda of a special meeting unless (a) all members are present and (b) the board determines in good faith at the meeting that it is essential to discuss or act on the item immediately. If items are proposed to be added to the agenda, the board may, by majority vote, require that written copies of particular documents connected with the items be made available at the meeting to all board members. The board may designate certain agenda items for discussion and possible action. Such designation means that the board intends to discuss the general subject area of that agenda item before making any motion concerning that item. Rule 5. Public Address to the Board * * * Any individual or group who wishes to address the board shall make a request to be on the agenda to the board s [clerk] [secretary] [chief administrative officer]. However, the board shall determine at the meeting whether it will hear the individual or group. Rule 6. Order of Business * * * Items shall be placed on the agenda according to the order of business. The order of business for each regular meeting shall be as follows: 16 Rule excerpts in this appendix are taken from A. Fleming Bell, II, Suggested Rules of Procedure for Small Local Government Boards, Chapel Hill, N.C.: School of Government (2 d ed. 2012).

18 16 Discussion and revision of the proposed agenda; adoption of an agenda Approval of the minutes Public hearings Administrative reports Committee reports Unfinished business New business Informal discussion and public comment By general consent of the board, items may be considered out of order. Rule 7. Presiding Officer * * * The presiding officer shall have the following powers: To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes; To determine whether a speaker has gone beyond reasonable standards of courtesy in his remarks and to entertain and rule on objections from other members on this ground; To entertain and answer questions of parliamentary law or procedure; To call a brief recess at any time; To adjourn in an emergency. A decision by the presiding officer under any of the first three powers listed may be appealed to the board upon motion of any member, pursuant to Rule 16, Motion 1. Such a motion is in order immediately after a decision under those powers is announced and at no other time. The member making the motion need not be recognized by the presiding officer, and the motion, if timely made, may not be ruled out of order. The chair of the board shall preside at board meetings if he or she is present, unless he or she becomes actively engaged in debate on a particular matter. The chair [shall have the right to vote only when there is a tie] [may vote in all cases]. In order to address the board, a member must be recognized by the chair. If the chair is absent, the [vice-chair] [another member designated by vote of the board] shall preside. [If both the chair and vice-chair are absent, another member designated by vote of the board shall preside.] The vice-chair or another member who is temporarily presiding retains all of his or her rights as a member, including the right to make motions and the right to vote. If the chair becomes actively involved in debate on a particular matter, he or she [may] [shall] designate another board member to preside over the debate. The chair shall resume presiding as soon as action on the matter is concluded. Rule 8. Action by the Board * * * The board shall proceed by motion, except as otherwise provided for in Rules 3, 4, and 25. Any member, including the chair, may make a motion.

19 17 Rule 9. Second Not Required A motion does not require a second. * * * Rule 11. Substantive Motions * * * A substantive motion is out of order while another substantive motion is pending. Motion 15. To Reconsider. * * * The board may vote to reconsider its action on a matter. The motion to do so must be made by a member who voted with the prevailing side (the majority, except in the case of a tie; in that case the noes prevail) and only at the meeting during which the original vote was taken, including any continuation of that meeting through [recess] [adjournment] to a time and place certain. The motion cannot interrupt deliberation on a pending matter but is in order at any time before final adjournment of the meeting. Rule 16. Procedural Motions * * * (a) Certain Motions Allowed. In addition to substantive proposals, only the following procedural motions, and no others, are in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. Procedural motions are in order while a substantive motion is pending and at other times, except as otherwise noted. * * * Motion 17. To Prevent Reintroduction for [Six] Months. The motion shall be in order immediately following the defeat of a substantive motion and at no other time. The motion requires for adoption a vote equal to [a majority] [two-thirds] of the entire membership of the board. If adopted, the restriction imposed by the motion remains in effect for [six] months or until the next organizational meeting of the board, whichever occurs first.

20 18 APPENDIX B PRECEDENCE OF MOTIONS CHARTS RONR ORDER OF PRECEDENCE OF MOTIONS 17 The ordinary motions rank as follows, the lowest in rank being at the bottom and the highest at the top of the list. When any one of them is immediately pending the motions above it in the list are in order, and those below are out of order. DEBATABLE USUALLY PRIVILEGED NOT ALWAYS PRIVILEGED* CAN BE AMENDED REQUIRES 2/3 VOTE FOR ADOPTION MOTION - X A X - FIX THE TIME TO WHICH TO ADJOURN. - X B - - ADJOURN. - X C X - TAKE A RECESS. - X RAISE A QUESTION OF PRIVILEGE. - X CALL FOR THE ORDERS OF THE DAY LAY ON THE TABLE X PREVIOUS QUESTION X LIMIT OR EXTEND LIMITS OF DEBATE. X - - X - POSTPONE TO A CERTAIN TIME. X - - X - COMMIT OR REFER. X - - X - AMEND. X POSTPONE INDEFINITELY. X - - X - A MAIN MOTION. *Not Always Privileged: a - Privileged only when made while another question is pending, and in an assembly that has made no provision for another meeting on the same or the next day. b - Loses its privileged character and is a main motion if in any way qualified, or if its effect, if adopted, is to dissolve the assembly without any provision for its meeting again. c - Privileged only when made while other business is pending. 17 Robert s Rules of Order online (

21 19 PRECEDENCE OF MOTIONS ON QUESTIONS (North Carolina Senate Rules 18-24) 18 MOTION REQUIRES A SECOND DEBATABLE SUBSTITUTE MOTION ALLOWED TO ADJOURN YES NO NO TO LAY ON THE TABLE YES NO NO TOR THE PREVIOUS QUESTION ("CALLING THE QUESTION") YES NO NO TO POSTPONE INDEFINITELY NO YES YES TO POSTPONE TO A CERTAIN DAY NO YES YES TO COMMIT TO A STANDING COMMITTEE TO COMMIT TO A SELECT COMMITTEE NO YES YES NO YES YES TO AMEND NO YES YES Other Procedural Motions: Motion to Substitute (Rule 22) Motion to Divide the Question (Rule 28) Motion to Reconsider (Rule 24) "Clincher" (Motion to Reconsider + Motion to Lay on the Table) 18 Senate Resolution 1, adopted 1/9/13, as amended by Senate Resolution 110, adopted 2/20/13.

22 20 SUGGESTED RULES OF PROCEDURE FOR A LOCAL GOVERNMENT BOARD 19 MOTION REQUIRES A SECOND? DEBATABLE? NOTES TO APPEAL A PROCEDURAL RULING OF THE PRESIDING OFFICER NO YES IF TIMELY MADE, PRESIDING OFFICER CANNOT RULE THE MOTION OUT OF ORDER TO ADJOURN NO YES CANNOT INTERRUPT DELIBERATION ON PENDING MATTER TO TAKE A RECESS NO YES CHAIR CAN ALSO CALL RECESS TO CALL TO FOLLOW THE AGENDA NO YES WAIVED IF NOT MADE AT FIRST OPPORTUNITY TO SUSPEND THE RULES NO YES TO GO INTO CLOSED SESSION NO YES REQUIRES VOTE EQUAL TO QUORUM (NOT 2/3 OR SIMPLE MAJORITY) MOTION MUST STATE THE REASON FOR THE CLOSED SESSION CONSISTENT WITH THE OPEN MEETINGS ACT (G.S ) TO LEAVE CLOSED SESSION NO YES MOTION MADE DURING CLOSED SESSION TO DIVIDE A COMPLEX MOTION AND CONSIDER IT BY PARAGRAPH NO YES ALLOWS CONSIDERATION OF INDIVIDUAL PARTS OF A COMPLEX MATTER TO DEFER CONSIDERATION NO YES REPLACES TRADITIONAL MOTION TO LAY ON THE TABLE; MOTION THAT IS DEFERRED DIES IF NOT TAKEN UP WITHIN 100 DAYS OF DEFERRAL TO CALL THE PREVIOUS QUESTION ( CALL THE QUESTION ) NO YES NOT IN ORDER UNTIL EVERY MEMBER HAS HAD ONE OPPORTUNITY TO SPEAK TO POSTPONE TO A CERTAIN TIME OR DAY NO YES MOTION MUST INCLUDE THE TIME OR DAY CERTAIN 19 Bell, Fleming A, II, Suggested Rules of Procedure for Small Local Government Boards, School of Government, UNC Chapel Hill (2d ed. 2012).