Using Parliamentary Procedure to Your Advantage RANDALL VAN VLECK 2018-ALL RIGHTS RESERVED

Transcription

1 Using Parliamentary Procedure to Your Advantage

2 Purpose of this workshop To Learn the Basics of Parliamentary Procedure. Learn How to Make and Process Motions. Use Parliamentary Procedure to Protect Your Interests

3 Why Parliamentary Procedure? Protecting the Rights of the Minority. Ensuring Legality of Action Expediting Business.

4 What is Parliamentary Procedure? Rules of the Road for Meetings. A System of Conducting Business in a Group. Rules Governing the Behavior of Members.

5 What it is Not. It is Not about Getting your Way all the Time. It is Not About Interrupting or Disrupting the Conduct of Business. It is Not Intended to Prevent Participation. It is Not a Weapon.

6 Dramatis Personae The Players The Mayor Presiding Officer of the Governing Body Announcing the Business before the Governing Body. Recognizing Members Who are Entitled to the Floor. Processing Motions of the Body Conducting the Meeting in a Fair and Equitable Manner. Facilitator, Not Dictator.

7 Dramatis Personae The Players Board Members Councilors Active Participants in the Process. Collectively Debate and Deliberate on Matters of Importance to the Body. Members Act Collectively to Impose the Will of the Majority. Parliamentarian An Expert in Parliamentary Procedure. An Impartial Advisor.

8 How Governing Bodies Take Action Member Obtains the Floor. (from the Mayor) Make a Motion (or debate a pending motion, or both). Second the Motion Without the Need to Obtain the Floor. (by another member) State the motion. (by the Mayor)

9 How Governing Bodies Take Action Debate the motion. (by the members) Put the question. (by the Mayor) Vote on the motion (by the members) Announce the result of the vote. (by the Mayor)

10 Obtaining the Floor The Presiding Officer controls access to the floor. It is Out of Order to speak unless you have the floor. Except: Point of Order Certain Privileged Motions

11 Assigning the floor

12 Defensive Motion #1

13 Call for the Orders of the Day Purpose of Motion Requires the Body to Follow the Agenda A Privileged Motion. May Interrupt a Speaker. No Second is Required. Motion is Not Debatable. No Vote s Required; it is a Demand of a Single Member

14 MOTION The Main Motion A method of bringing business (a question) before the body for consideration and action. Only one question can be considered at a time. Once a motion is before the body, it must be adopted, rejected, or disposed of in some other way. RONR 11 th ed. p. 59; l

15 MAKING MOTIONS If the Main Motion is adopted, it becomes the officially recorded statement of an action taken by the Governing Board. RONR 11 th ed. p. 104; l Main Motions should therefore be worded in a concise, un-ambiguous, and complete form appropriate to such a purpose.

16 MAKING MOTIONS To avoid ambiguity, Main Motions should always be worded in the affirmative. Affirmative wording prevents unclear action by the Assembly.

17 MAKING MOTIONS Example: I move we approve the purchase of the computers and server. This is true EVEN IF the member really wants to defeat the purchase. In this motion, the member wanting to defeat the purchase would vote NAY.

18 Defensive Action #1

19 Second The requirement of a second is for the chair s guidance as to whether the chair should state the question, thus placing it before the assembly. Its purpose is to prevent time from being consumed by the body s having to dispose of a motion that only one person wants to see introduced. RONR 11 th ed. p 36; l

20 Second A second merely implies that another member agrees that the motion should come before the meeting and not that he necessarily favors the motion. RONR 11 th ed. p 36; l After debate has begun or, if there is no debate, after any member has voted, the lack of a second has become immaterial. RONR 11 th ed. p. 37; l. 9-12

21 Making Motions

22 Defensive Action #2

23 I So Move..... When a matter has been discussed (prior to a motion being made) a member may state I so move. Many times the I so move motion is voted on and later the members realize that the motion voted on is not what was intended. Therefore, the presiding officer (or another member) should always ask for a motion rather than simply accepting an I so move motion.

24 Motions You Can use to Your Advantage

25 AMEND Forms of the Motion To insert words or a paragraph within a motion To add words or a paragraph at the end of a motion To strike out words or paragraphs To strike out and insert words To substitute (strike out and insert paragraphs)

26 Common Motions: Amend Motion to Amend Every amendment proposed must be relevant to the subject of the proposition. A proposed amendment takes precedence over the main motion out of which it arises and must be voted upon before the main motion. After an amendment is adopted, the question as amended must be put to a vote. Rejection of an amendment leaves the pending question worded as it was before the amendment was offered.

27 Amend One word cam change the entire complexion of the question and refocus debate. (At least temporarily). Example: Pending Motion: That the City Council commend Randy for his work on this project. Amendment: That the City Council condemn Randy for his work on this project.

28 P Postpone (to a time certain) The motion defers action on a pending question to some definite day, time or meeting. When a question has been postponed to a certain time, it becomes an order of the day for that time. RONR 11th ed. p 179; l

29 Lay on the Table RONR 11th ed. p. 209; l Lay on the table This is the most commonly misused motion. The purpose of this motion is to interrupt the pending business to permit doing something else immediately.

30 Lay on the Table It enables the body to set aside a pending question temporarily when something of immediate urgency has arisen or when more information is forthcoming. It is also appropriate to table an item, or items, if the body wishes to take up an item that is later on the agenda or in the order of business.

31 Lay on the Table The motion to Lay on the Table is subject to a number of incorrect uses that should be avoided. It is out of order to move to lay a pending question on the table if there is no valid reason. An innocent misuse is to use this motion to postpone a pending item to another meeting. The appropriate motion in this case is to postpone (to a certain time). RONR 11 th ed. p. 215, l

32 Lay on the Table Local Governing Bodies and the State Legislature attempt to use this as a strategy to kill a measure because to table a bill during a legislative session could be the demise of bill. For Municipal Bodies, each meeting is a new session. Therefore, it is good practice that if a question is tabled, it should be for a valid reason, then taken from the table at the current session (meeting).

33 Limit or Extend the Limits of Debate May be used to impose a time limit on all speakers. May require that at a certain time or after the expiration of a time certain, debate is closed. May also extend the allotted time for each speaker.

34 Move the Previous Question Also known as Call the Question It is a Motion to immediately end debate. It IS NOT A DEMAND. The motion for the call for the question may motivate unanimous consent to ending debate. If not, the Motion must receive a second If a second is received, an immediate vote on whether to immediately end debate will be taken.

35 Previous Question Call the Question The call for a question requires a second and a 2/3 vote. This guarantees that one person cannot close debate it is up to the entire body and is determined by a vote. By the same rule, the entire body does not need to allow unnecessary discussion to linger. This motion and procedure is also the solution to discontinue a filibuster.

36 Previous Question Call the Question Before a vote is taken on the pending motion, a vote must be taken on the motion to close debate. If the call for the question passes debate closes and a vote on the pending motion is taken immediately. If the motion fails, debate continues. RONR 11 th ed. P. 202; l

37 Raise a Point of Order It is the right of every member who notices a breach of the rules to insist on their enforcement thereby calling upon the chair for a ruling and enforcement. The chair should immediately make a ruling on the validity of the point (point well taken or point not well taken); or submit the point to the assembly for decision. RONR 11 th ed. p. 249; l p. 250, l; 1-8

38 Motion to Recess Privileged Motion When made while other business is pending. Needs a second NOT debatable Amendable (as to the length of the recess) Majority vote required Main Motion When made while no other business is pending.

39 Privileged Motion Made in an unqualified manner (immediate adjournment). There is some other provision for another meeting. Needs a second NOT debatable NOT Amendable Majority vote required Main Motion If qualified in any manner Motion to Adjourn

40 Adjourn Meeting

41 Don t Let this Happen to You.