The APTA House of Delegates: Democracy in Action

Transcription

1 The APTA House of Delegates: Democracy in Action The Basics of Parliamentary Procedure Based on Robert s Rules of Order, Newly Revised, 10 th Edition Stephen M. Levine, PT, MSHA Speaker of the House APTA Board of Directors 2003

2 The APTA House of Delegates: A Professional Democracy In a democratic society, rules ensure freedom and respect for all The APTA House of Delegates (HOD) is analogous to other legislative bodies such as Congress or your state legislature The HOD, formally deliberates policy, has the power to charge the Board of Directors to carry out activities on behalf of the Association

3 APTA Governance = Democracy Governance process of our Association is a fascinating example of democracy at work Allows for the ability for those with differing viewpoints to come together, discuss and debate an issue, often with passion, in an arena that allows for the majority to rule, but which requires the rights of the minority be protected.

4 The HOD: A Deliberative Assembly Operates according to bylaws which can only be revised (known as amending) by giving notice and by a 2/3 vote of the body Must follow Special Rules of Order, Rules of Order, and the Parliamentary authority

5 The Parliamentary Authority The most commonly used is Robert s Rules of Order (Newly Revised), 10 th Edition, 2000 (RONR) There are several parliamentary authorities including Robert, Sturgis, Demeter, and others All APTA components (Chapters, Sections, and Assemblies) use RONR X

6 Robert s Rules of Order (RONR) Purpose: To enable the overall membership of an organization to establish and empower an effective leadership as it wishes, and at the same time to retain exactly the degree of control over its affairs that is chooses to reserve to itself.»ronr (10 th ed.) p. XLVII

7 Know the Rules!! Sporting events have rules and referees Deliberative Assemblies have RONR and parliamentarians! Knowing the rules gives you knowledge, confidence, and power When you know how to negotiate the system, making an impact is possible You can select strategies from the Rules to achieve your goals

8 Robert s Rules of Order (RONR) Ultimately, it is the majority of delegates in the HOD who decide the general will, but only following the opportunity for a deliberative process of full and free discussion. RONR is not concerned with the wisdom of a specific decision, but with the process by which the group arrives at the decision.

9 Parliamentary Procedure RONR: The Basics Ranking Motions Main Motion Subsidiary Motions Privileged Motions Procedure for Handling a Main Motion Process of Amending Incidental Motions Motions that Bring a Question Again Before the Assembly Motions Arising out of Committee Reports Forms of Voting Previous Notice Bylaws Standing Rules Meeting vs. Session

10 RONR: Ranking Motions Thirteen (13) Ranking Motions So named because they have rank and are the only ones with rank A lower ranking motion may not be made when a higher ranking motion is pending Pending is the term used when a motion has been stated by the chair and is being discussed Lowest rank: Main Motion Highest Rank: Fix The Time To Which To Adjourn

11 RONR: 13 Ranking Motions 1. Fix the Time to Which to Adjourn 2. Adjourn 3. Recess 4. Raise a Question of Privilege 5. Call for the Orders of the Day 6. Lay on the Table 7. Previous Question 8. Limit or Extend the Limits of Debate 9. Postpone to a Certain Time (Postpone Definitely) 10. Commit or Refer 11. Amend 12. Postpone Indefinitely 13. Main Motion

12 RONR: Main Motion Rank = 13 Lowest Ranking motion Original Main Motion: Introduces new business Incidental Main Motion: Relates to or is incidental to business of the assembly, but does not mark the beginning of a particular involvement of the assembly in a substantive matter Rescind or Amend Something Previously Adopted Adopt recommendations of a committee Ratify action taken at a meeting where no quorum was present

13 Questions to be Addressed for Main Motions, Incidental Motions, and Motions that bring a question again before the assembly 1. Can someone wishing to make this motion interrupt someone who already has the floor? 2. Does this motion require a second in order to be heard? 3. Is this motion debatable? 4. Is this motion amendable? 5. What kind of vote does it take to pass this motion? 6. Can the motion, as passed or failed, be reconsidered at a later time?

14 RONR: Main Motion Rank = In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: Yes 4. Amendable: Yes 5. Vote required for adoption: Majority Exceptions: Main motions that require a 2/3 vote Motion to adopt or suspend rules of order Amend something previously adopted without notice Amend bylaws 6. Can the vote on this motion be reconsidered: Yes

15 RONR: Subsidiary Motions A subsidiary motion assists the assembly in treating or disposing of a main motion and sometimes of other motions A form of secondary motion

16 RONR: Subsidiary Motions Postpone Indefinitely Rank: 12 Purpose: To kills the main motion and avoid a direct vote on the question Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: Yes Debate can go into the merits of the main question 4. Amendable: No 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: Yes Only if the vote was in the affirmative

17 RONR: Subsidiary Motions Amend Rank: 11 Purpose: To modify the wording and (somewhat) the meaning of a pending question Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: Yes Only when the question to which it applies is debatable 4. Amendable: Yes Unless pending question is a secondary amendment 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: Yes

18 RONR: Subsidiary Motions Commit or Refer Rank: 10 Purpose: To send a pending question to a relatively small group (Board, Committee, etc.) so that the question may be carefully investigated and put into better condition for the assembly to consider Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: Yes 4. Amendable: Yes 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: Yes Only if the committee has not begun consideration of the question referred

19 RONR: Subsidiary Motions Postpone to a Certain Time (Postpone Definitely) Rank: 9 Purpose: To put off action on a pending question, within limits, to a definite day, meeting, or hour, or until after a certain event Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: Yes 4. Amendable: Yes 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: Yes

20 RONR: Subsidiary Motions Limit or Extend Limits of Debate Rank: 8 Purpose: To exercise special control over debate on a pending question or in a series of pending questions Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: No 4. Amendable: Yes 5. Vote required for adoption: Two Thirds (2/3) 6. Can the vote on this motion be reconsidered: Yes

21 RONR: Subsidiary Motions Previous Question Rank: 7 Purpose: 1) To bring the assembly to an immediate vote; 2)To close debate, and 3)To stop amendment of the immediately pending question and such other questions as the motion may specify Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: No 4. Amendable: No 5. Vote required for adoption: Two Thirds (2/3) 6. Can the vote on this motion be reconsidered: Yes Can be reconsidered before any vote has been taken under the order for the previous question

22 RONR: Subsidiary Motions Lay on the Table Rank: 6 Purpose: To lay the pending question aside temporarily when something else of immediate urgency has arisen Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: No 4. Amendable: No 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: No

23 RONR: Privileged Motions A privileged motion deals with special matters of immediate importance. It does not relate to the pending business. A form of secondary motion

24 RONR: Privileged Motions Call for the Orders of the Day Rank: 5 Purpose: To require the assembly to conform to its agenda, program, or order of business Criteria: 1. In order when another has the floor: Yes 2. Requires a Second: No 3. Debatable: No 4. Amendable: No 5. Vote required for adoption: Demand On demand as a request, but a 2/3 vote by the assembly can set them aside 6. Can the vote on this motion be reconsidered: No

25 RONR: Privileged Motions Raise a Question of Privilege Rank: 4 Purpose: To bring up for immediate consideration a request or motion relating to the rights and privileges of the assembly or any of its members Criteria: 1. In order when another has the floor: Yes 2. Requires a Second: No 3. Debatable: No 4. Amendable: No 5. Vote required for adoption: Chair Rules on request If motion is required, it is an incidental main motion and requires a majority vote 6. Can the vote on this motion be reconsidered: No

26 RONR: Privileged Motions Recess Rank: 3 Purpose: To begin a recess immediately Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: No 4. Amendable: Yes 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: No

27 RONR: Privileged Motions Adjourn Rank: 2 Purpose: To close the meeting immediately Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: No 4. Amendable: No 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: No

28 RONR: Privileged Motions Fix the Time to Which to Adjourn Rank: 1 Purpose: To set the time, and sometimes the place, for another meeting to continue business of the session, with no effect on when the present meeting will adjourn Criteria: 1. In order when another has the floor: No 2. Requires a Second: Yes 3. Debatable: No 4. Amendable: Yes 5. Vote required for adoption: Majority 6. Can the vote on this motion be reconsidered: Yes

29 RONR: Incidental Motions An incidental motion is related to the parliamentary situation in such a way that it must be decided before business can proceed. A form of secondary motion

30 Appeal RONR: Incidental Motions No Rank To challenge a ruling by the chair and have the assembly make the final decision Division of the Assembly Whenever a member doubts the results of a voice vote, a Division is used to require the vote to be retaken by standing Objection to the Consideration of the Question To avoid a motion altogether Can be raised only before there has been any debate or before any subsidiary motion has been stated by the chair

31 RONR: Incidental Motions No Rank Point of Information A request directed to the chair, or through the chair to another officer or member, for information relevant to the business at hand but not related to parliamentary procedure Point of Order When a member thinks the rules of the assembly are being violated, this is used to call upon the chair for a ruling enforcing the rules Request for Permission to Withdraw a Motion Required after the motion to which it pertains has been stated by the chair as pending

32 RONR: Motions that Bring a Question Again Before the Assembly Take from the Table To bring a tabled motion back before the assembly Rescind or Amend Something Previously Adopted To change an action previously taken or ordered Discharge a Committee To take a matter out of a committee s hands after referring it to the committee and before the committee has made a final report Reconsider To bring back for further consideration a motion which already has been voted on. The motion must be made, but not necessarily taken up, no later than the meeting after the one at which the vote to be reconsidered was taken.

33 RONR: Procedure for Handling a Main Motion I. Obtaining and assigning the floor 1. A member rises when no one else has the floor and addresses the chair 2. The Chair recognizes the member by announcing his name or title

34 RONR: Procedure for Handling a Main Motion II. How the motion is brought before the assembly 1. The member makes the motion ( I move that.. ) 2. Another member, without needing to rise, seconds the motion ( I second the motion, or second ) 3. The chair states the question on the motion ( It is moved and seconded that )

35 RONR: Procedure for Handling a Main Motion III. Consideration of the motion A. Members can debate the motion 1. Before speaking in debate, members obtain the floor 2. The maker of the motion has first right to the floor if he claims it promptly 3. All remarks must be addressed to the chair 4. Debate must be confined to the merits of the motion 5. Debate can be closed only by order of the assembly (2/3 vote) or by the chair if no one seeks the floor for further debate

36 RONR: Procedure for Handling a III. Main Motion Consideration of the motion B. The chair puts the question (puts it to a vote) 1. The chair asks: Are you ready for the question? 2. If no one rises to claim the floor, the chair proceeds to put the question 3. The chair states: 1. The question is on the adoption of the motion that. 2. As many as are in favor, say Aye 3. Those opposed say No. C. The chair announces the result of the vote

37 RONR: Process of Amending The adoption of the motion to amend does not adopt the motion thereby amended; that motion remains pending in its modified form A member s vote on an amendment does not obligate him to vote on a particular way on the motion to which the amendment applies An amendment must always be germane that is, closely related to or having a bearing on the subject of the motion to be amended

38 RONR: Process of Amending There are three basic processes of amendment, the third of which is an indivisible combination of the first two: 1. To insert or add To insert words, or if they are placed at the end of the sentence or passage being amended, to add words (or a paragraph) 2. To strike out To strike out words or a paragraph 3. To strike out and insert, or to substitute To strike out and insert applies to words To substitute applies to striking out an entire paragraph, or the entire text of a main motion, and inserting another

39 Voice Vote RONR: Forms of Voting The most commonly used form of voting Chair puts the question and calls for the Aye votes and No votes Rising Vote The normal method of voting on motions requiring a two thirds vote for adoption. Used to verify a voice vote Can be ordered by the chair, or by a single member who calls for a Division of the assembly Counted Vote Can be ordered by the chair or ordered by a majority vote of the assembly

40 RONR: Previous Notice Requirement of previous notice means the announcement that the motion will be introduced, including its exact content, must be included in the call of the meeting Motions that have the effect of changing or nullifying the previous action of the assembly require previous notice if they are to be adopted by only a majority vote The adoption or amendment of bylaws or special rules of order require previous notice and a two thirds vote The notice becomes invalid if the motion is amended beyond the scope of the notice

41 RONR: Bylaws Bylaws have an important bearing on the rights and duties of members within the organization, and on the degree to which the general membership is to retain control of, or be relieved of detailed concern with, the society s business. Except as the rules of a society may provide otherwise, its assembly has full and sole power to act for the entire organization, and does so by majority vote Any limitation or standing delegation of the assembly s power with respect to the society as a whole can only be by provision in the bylaws Bylaws should be made no more restrictive nor more detailed in specification than necessary

42 RONR: Bylaws Bylaws and special rules of order (which deal with parliamentary procedure) contain the provisions of a society that are expected to have stability from session to session, and to represent the judgment of the whole society as distinguished from the members voting at any one session These bylaws and rules require both Previous Notice, and Two Thirds vote for amendment Rules of order require a two thirds vote for suspension Bylaws cannot be suspended

43 RONR: Meeting vs. Session Each event of the members being assembled to transact business constitutes a separate meeting The complete unit of engagement in proceedings by the assembly is a session, which consists of of one or more connected meetings One session cannot tie the hands of the majority at any later session

44 RONR: Standing Rules Standing Rules usually contain both parliamentary rules relating to the conduct of business, and nonparliamentary rules Although Standing Rules can be adopted by a majority vote at any session and continues in force until it is rescinded or amended, such as rule does not interfere materially with the freedom of a later session, since it can be suspended for the duration of any session (but not for longer) by a majority vote The effect of Standing Rules expires at the close of the session that adopts them

45 Logistics of the House Pre HOD activities are organized to allow delegates from different components to have some preliminary discussions on the issues Chief/Section/Assembly strategies meetings Motion Discussion groups Once the HOD begins, motions are taken up in the order assigned by the Reference Committee RC 1 02, RC 19A 02, RC 19B 02, RC 63 02

46 Logistics of the House The Speaker of the House (Speaker) conducts the proceedings of the HOD in accordance with Association Bylaws, Standing Rules and our parliamentary authority The merits of a motion may be discussed as long as the deliberative body chooses to discuss it.

47 Logistics of the House The Speaker makes an attempt to alternate debate between opposing viewpoints so that discussion can flow and all views may be heard For most motions, a majority vote of those present is necessary to adopt a motion (others require 2/3) If adopted, the motion becomes an Association policy, position, guideline, or standard. If the motion is defeated, the next order of business is taken up and the process begins again

48 Where there is no law, but every man does what is right in his own eyes, there is the least of liberty...henry M. Robert

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