BETTER GC MEETINGS GET BUSINESS DONE Daniel A. Ivey-Soto PRP CP-T Attorney & Parliamentarian InAccord, P.C.

Transcription

1 BETTER GC MEETINGS GET BUSINESS DONE 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

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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 changes the vote required for certain decisions depending on whether notice was given (majority with notice; or without notice, either two-thirds of those present or a majority of the entire membership). The Open Meetings Act always requires notice (except for emergency situations). 23

24 So What principles of Parliamentary Procedure apply in meetings conducted under the New Mexico Open Meetings Act?? 24

25 Mason s Manual cites ten principles that govern procedure in group decision making: 1) The group must have the authority to take the actions it purports to take; 2) There must be a meeting of the decisionmaking group; 3) A proper notice of the meeting must be given to all members of the group; 25

26 Mason s Manual cites ten principles that govern procedure in group decision making: 4) There must be a quorum present at the meeting; 5) There must be a question before the group upon which it can make a decision; 6) There must be an opportunity to debate the question; 7) The question must be decided by taking a vote; 26

27 Mason s Manual cites ten principles that govern procedure in group decision making: 8) There must be a majority vote to take an action or decide a question; 9) There must be no fraud, trickery or deception resulting in injury to another member; and 10)To be valid, any action or decision of a body must not violate any applicable law or constitutional provision. 27

28 Robert s Rules of Order lays out the Basic Rights of Membership: Attend Meetings. Make Motions. Speak & Debate. Vote. Hold Office. 28

29 Attend Meetings: Meetings must be announced in advance and members must receive notice that a meeting is going to take place (especially under OMA!!). 29

30 Attend Meetings: OMA permits telephonic attendance, but... 30

31 Section (C). If otherwise allowed by law or rule of the public body, a member of a public body may participate in a meeting of the public body by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating by conference telephone can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the public body who speaks during the meeting. 31

32 Make Motions: The main motion brings a new topic before the body and commands action. Motion to do nothing is out of order. 32

33 Make Motions: I move Should be simple and straight-forward. NEVER So moved. 33

34 Make Motions: Presiding Officer can assume certain procedural motions, Are there changes to the Agenda, if not it is adopted. Are there corrections to the minutes, if not they are approved. 34

35 Make Motions: Motion to Adjourn only in order when more business if pending. At the end of the agenda, no need for Motion to Adjourn Please Go Home!! 35

36 Make Motions: Motions should be Seconded, but In Committees, a Second is not necessary. When motion made on behalf of a Committee of more than one, Second is not required. If debate begins on any Motion, the requirement of a Second is obviated. 36

37 Make Motions: Robert s Rules of Order does not normally permit any discussion unless there is a motion pending (Exceptions: Committees and Small Boards). Public Bodies are wise to discuss before making a motion. 37

38 Make Motions: A Motion is not official until stated by the Chair. Maker of the motion may modify it without permission of the body only until the question is put before the group by the Chair (or only until discussion begins). 38

39 Make Motions: Once put to the body by the Chair (or once discussion begins), the Motion no longer belongs to the Member it now belongs to the body, and can only be changed or withdrawn by permission of the body. 39

40 Make Motions: Proper processing of a motion: Member 1: I move we build a playground. Chair: Is there a second? Member 2: Second. Chair: It is moved and seconded that we build a playground. Is there any discussion? 40

41 Make Motions: Proper processing of a motion (if no second required): Member 1: The Committee moves we build a Chair: playground. It is moved that we build a playground. Is there any discussion? 41

42 Make Motions: A Motion can be changed by being Amended. Amendments must be germane to the motion. Secondary Amendment is OK; not Tertiary. 42

43 Make Motions: Amendments take three forms: Insert Strike Out Substitute 43

44 Make Motions: The Motion belongs to the Assembly. No such things as a Friendly Amendment. All amendments are hostile!! 44

45 Make Motions: Motion can be amended by unanimous consent. If there is objection, motions can only be amended by vote of the body. Majority rules. 45

46 Make Motions: Proper processing of unanimous consent: Member 1: I move to amend by inserting: next to the kindergarten classrooms. Chair: Is there a second? Member 2: Second. Chair: Is there any objection to inserting next to the kindergarten classrooms? There being no objection, the motion is amended. 46

47 Make Motions: Proper processing if there is an objection: Chair: Is there any objection to inserting next to the kindergarten classrooms? There being an objection, the motion is to insert next to the kindergarten classrooms. Is there any discussion? 47

48 Make Motions: While a motion is pending, no other topics may be discussed and no other issues may be considered. 48

49 Make Motions: Motions can be Referred to a Committee if more study is needed. 49

50 Make Motions: Motions can be Postponed to a Definite Time if: A more urgent matter arises, or The body is not ready to act immediately. 50

51 Make Motions: A Motion can be Postponed Indefinitely if the Assembly does not want to make a decision on the issue (i.e. kills the Motion). May discuss underlying merits. 51

52 Make Motions: Please, try not to Table a Motion the motion to Table is always used incorrectly. 52

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54 Robert s Rules of Order lays out the Basic Rights of Membership: Attend Meetings. Make Motions. Speak & Debate. Vote. Hold Office. 54

55 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 55

56 Contact Information Daniel A. Ivey-Soto InAccord, P.C. ( ) 56