BETTER GC MEETINGS MAKE IT HOME FOR DINNER Daniel A. Ivey-Soto PRP CP-T Attorney & Parliamentarian InAccord, P.C.

Transcription

1 BETTER GC MEETINGS MAKE IT HOME FOR DINNER Daniel A. Ivey-Soto PRP CP-T Attorney & Parliamentarian InAccord, P.C. Charter Schools: Advancing the Promise!! 2015 Annual Conference

2 Administrative Note: Because this is Governing Council training, everyone must sign in (legibly!) to receive credit for attending this session. 2

3 Introductions of Attendees 3

4 National Association of Parliamentarians Professional Registered Parliamentarian (PRP) NAP District 6 Director, former NAP Board Member American Institute of Parliamentarians Certified Parliamentarian (CP) Credentialed Teacher of Procedure ( T) AIP Vice President American College of Parliamentary Lawyers Elected into membership with the College ACPL Officer 4

5 Juris Doctor (J.D.) University of New Mexico Attorney and Counsellor of the Court Master of Business Administration (M.B.A.) University of New Mexico Senior Professional in Human Resources (expired) Chief Procurement Officer qualified Master of Arts in Education (M.A.Ed.) Claremont Graduate University Credentialed Teacher: 6th through 12th grades (expired) 5

6 State Senator District 15 (Near NE Heights of ABQ) Vice Chair, Senate Rules Committee Member, Senate Public Affairs Committee Advisor, Legislative Education Study Committee (LESC) Advisor, Public Schools Capital Outlay Oversight Task Force (PSCOOTF) Yadah, yadah, yadah 6

7 State Senator Amended Open Meetings Act to require agendas to be posted 72 hours before a meeting, and on the website if one is maintained Amended Dual-Enrollment Law so that all high school students may participate under the same rules, regardless of what school they attend Amended Audit Act so that charter schools and other component units could select their own auditor (vetoed) Yadah, yadah, yadah 7

8 Section 22-8B-5.1. Governing body training. (2009) The department shall develop a mandatory training course for all governing body members that explains department rules, policies and procedures, statutory powers and duties of governing boards, legal concepts pertaining to public schools, finance and budget and other matters deemed relevant by the department. The department shall notify the governing body members of the dates of the training courses. 8

9 Section 22-8B-4. Charter schools' rights and responsibilities; operation. (2011). B. A charter school shall be governed by a governing body in the manner set forth in the charter contract; provided that a governing body shall have at least five members;. 9

10 10

11 11

12 12

13 13

14 14

15 15

16 What is Parliamentary Procedure?? 16

17 What is Parliamentary Procedure?? A set of rules which help deliberative groups to make decisions, based on the will of the majority, while respecting the rights of the minority. 17

18 What is Parliamentary Procedure?? An agreement among members to abide by a fair process in debate and in decision-making, whether in the majority or in the minority. 18

19 Parliamentary Procedure, when used by Public Bodies in New Mexico, is modified by the state s Open Meetings Act (NMSA 1978, Sections to ). 19

20 Under the Open Meetings Act: Agendas must be posted in advance. Notice must be given before taking action. The Public has a right to attend meetings. The Public has a right to minutes. 20

21 Robert s Rules of Order assumes meetings are closed, unless the organization chooses to be open. The Open Meetings Act assumes all meetings are open, unless specific business warrants a part of a meeting to be closed. 21

22 Robert s Rules of Order is written to facilitate efficient and quick decision-making by those volunteers who are present. The Open Meetings Act is written to ensure public notice in advance of decisions being made, even if that slows down the decision-making process. 22

23 Robert s Rules of Order lays out the Basic Rights of Membership: Attend Meetings. Make Motions. Speak & Debate. Vote. Hold Office. 23

24 Make Motions: Please, try not to Table a Motion the motion to Table is always used incorrectly. 24

25 25

26 Speak & Debate: All debate goes through the Chair. Keeps debate formal. Keeps comments from getting too personal. Small Boards usually operate informally. 26

27 Speak & Debate: Under general parliamentary law, Members are to speak only to the pending motion or only to the pending amendment, and are not to refer to other members by name. 27

28 Speak & Debate: Under Robert s Rules of Order, each member: May speak no more than ten minutes at a time, and May speak no more than twice on each motion. 28

29 Speak & Debate: Under Robert s Rules of Order, an assembly is free to adopt its own rules establishing limits on debate. 29

30 Speak & Debate: Under Robert s Rules of Order, debate may be closed If a member who is recognized by the Chair Moves the Previous Question and The Motion for the Previous Question receives a twothirds vote. 30

31 Speak & Debate: Under Robert s Rules of Order, the Motion for the Previous Question (to close debate) is not used in a Committee, where extended debate is desirable. 31

32 Speak & Debate: Under Robert s Rules of Order, the Motion for the Previous Question may be used in a Small Board, though this should be the exception. 32

33 Speak & Debate: Once all members desiring to speak have spoken no more than twice, no one may speak further without the approval of the Assembly. 33

34 Speak & Debate: Although all members have the right to speak, no member has a right to disrupt. The Chair is responsible for maintaining decorum. 34

35 Vote: In a Small Board, the Chair may vote on all matters (and may even make motions and speak in debate!). 35

36 Vote: Before voting, the Chair again states the Motion to be sure everyone understands what is being voting on. 36

37 Vote: Under Robert s Rules of Order, votes may be viva voce, by a show of hands, or by standing, but the count is not recorded unless Division of the Assembly is demanded by a member. Under Robert s Rules of Order, only Ayes & Noes are considered, not Abstentions. 37

38 Vote: Under the Open Meetings Act, the tally of each vote is recorded in the minutes, including a tally of those who did not vote (or those who were not present). 38

39 Section (G). The board, commission or other policymaking body shall keep written minutes of all its meetings. The minutes shall include at a minimum the date, time and place of the meeting, the names of members in attendance and those absent, the substance of the proposals considered and a record of any decisions and votes taken that show how each member voted

40 Vote: During the vote, no other business may be conducted, discussed, or brought up. 40

41 Vote: Majority vote decides all substantive issues. 41

42 Vote: Form of voting is: All those in favor say Aye ; All those opposed say No. (NOT Same Sign ) All those in favor raise your hand; All those opposed raise you hand. 42

43 Vote: Proper processing of a vote by called by the Chair: Is there any more debate? If not, It is moved (and seconded) that we build a playground near the kindergarten classrooms at a cost not to exceed $300,000. All those in favor say Aye. (or Raise your Hands) All those opposed say No. (or Raise your Hands) On a vote of 3 2, the motion is adopted. We will build a playground near the kindergarten classrooms at a cost not to exceed $300,000. The next item of business is 43

44 Vote: Proper processing of a vote by called by the Chair: Is there any more debate? If not, It is moved (and seconded) that we build a playground near the kindergarten classrooms at a cost not to exceed $300,000. All those in favor say Aye. (or Raise your Hands) All those opposed say No. (or Raise your Hands) On a vote of 2 3, the motion fails (or is lost). The next item of business is 44

45 Vote: Proper processing of a vote by called by the Chair: Is there any more debate? If not, It is moved (and seconded) that we build a playground near the kindergarten classrooms at a cost not to exceed $300,000. All those in favor say Aye. (or Raise your Hands) All those opposed say No. (or Raise your Hands) On a vote of 2 2, the motion is tied and. The next item of business is 45

46 Vote: Form of voting is: The Clerk will call the roll. 46

47 Vote: Proper processing of a vote by the Chair, using roll call: Is there any more debate? If not, It is moved (and seconded) that we build a playground near the kindergarten classrooms at a cost not to exceed $300,000. Please call the Roll. [Names called and votes stated] On a vote of 3 2, the motion is adopted. We will build a playground near the kindergarten classrooms at a cost not to exceed $300,000. The next item of business is 47

48 Hold Office: Every full member has a right to be considered for positions within the organization, and cannot be barred from holding office within the organization. No member has a right to be elected to a position within the organization. 48

49 Traditional Agenda: 1) Call to Order & Quorum Check 2) Reading and Approval of Minutes 3) Reports of Officers, Board, and Standing Committees 4) Reports of Special Committees 5) Special Orders 6) Unfinished Business 7) New Business 8) Announcements and Adjournment 49

50 Ivey-Soto Open Meetings Act Agenda: 1) Opening Business 2) Public Comment 3) Action Items 4) Discussion Items 5) Closed Session 6) Information Items 7) Concluding Business 50

51 Ivey-Soto Open Meetings Act Agenda: 1) Opening Business a) Call to Order b) Pledge of Allegiance & Salute to the State Flag c) Introductions d) Approval of Agenda for this meeting e) Approval of Minutes of last meeting 51

52 Ivey-Soto Open Meetings Act Agenda: 2) Public Comment Not required by the Open Meetings Act (for now), but expected for most public meetings in New Mexico. May be limited by time, but not by topic or target (i.e. no more than 2 minutes each or 20 minutes total). 52

53 Ivey-Soto Open Meetings Act Agenda: 3) Action Items Members of the body and the public clearly know what issues will be acted upon at the meeting. These matters have gone through Committee, have previously been Discussion Item, or are Regulatory. 53

54 Ivey-Soto Open Meetings Act Agenda: 4) Discussion Items May be placed on the Agenda in advance or at the beginning of the meeting, since no action will be taken. Allows for discussion without rush to action. 54

55 Ivey-Soto Open Meetings Act Agenda: 5) Closed Session ONLY for those items authorized in the Open Meetings Act may be discussed in Closed Session All votes must be in Public Session (additional agenda item) 55

56 Ivey-Soto Open Meetings Act Agenda: 6) Information Items These are the Administrative Reports from, Principal, different departments, financials, etc. I recommend Head Administrator reports last. 56

57 Ivey-Soto Open Meetings Act Agenda: 6) Information Items Remember: Reports are not voted on (especially unaudited financials!). The proper parliamentary response is for the Chair to say: Thank you to the presenter. 57

58 Ivey-Soto Open Meetings Act Agenda: 7) Concluding Business a) Announcements b) Next Meeting: c) Adjournment 58

59 Ivey-Soto Open Meetings Act Agenda: 1) Opening Business 2) Public Comment 3) Action Items 4) Discussion Items 5) Closed Session 6) Information Items 7) Concluding Business 59

60 Parliamentary Credentials: National Association of Parliamentarians Registered Parliamentarian (RP) Professional Registered Parliamentarian (PRP) 60

61 Parliamentary Credentials: American Institute of Parliamentarians Certified Parliamentarian (CP) Certified Professional Parliamentarian (CPP) Credentialed Teacher of Parliamentary Procedure ( T) 61

62 Parliamentary Organizations in New Mexico: New Mexico State Association of Parliamentarians Albuquerque Parliamentary Unit Santa Fe Parliamentary Unit 62

63 Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty. -- General Henry M. Robert 63

64 Contact Information Daniel A. Ivey-Soto InAccord, P.C. ( ) 64