Robert s Rules in the Clerk s World. Presented by Connie M. Deford, Professional Registered Parliamentarian

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Robert s Rules in the Clerk s World Presented by Connie M. Deford, Professional Registered Parliamentarian

Parliamentary Law Based upon rights of 1. The majority, 2. The minority, 3. Individual members, 4. Absentees, and 5. All of these together

Basic Principles The organization is paramount as compared to the individual.

All members are equal. A quorum must be present to take valid action.

In the absence of a quorum, you can: Fix the time to which to adjourn Adjourn Recess Take Measures to obtain a quorum

Only one main proposal can be under consideration. Only one member can have the floor at a time.

Full debate is allowed on all questions (unless the rules don t allow debate).

The issue not the person is always what is under consideration.

A majority vote decides (unless a larger percentage is required). Silence gives consent.

Steps in Handling a Motion A member makes a motion: I move that or I move to

Another members seconds the motion. Second. or I second the motion.

The chair states the question. It is moved and seconded

The members debate the motion. (Must obtain the floor.)

Rules of Debate The maker of a motion is entitled to speak first. A member must obtain the floor by being recognized by the chair. No member is entitled to speak a second time while any other member wishes to make a first speech. A speaker may not speak against the motion s/he has made, but may vote against it.

Remarks must be confined to the merits of the pending question A member s motives must not be attacked. All remarks should be addressed to or through the chair. Members may not speak directly to one another.

The Chair puts the question (takes the vote). The question is on the adoption of the motion that Those in favor, say Aye. Those opposed, say No.

The Chair announces the result of the vote: Which side has it Whether adopted or lost Effect of the vote Where applicable, announcement of the next item of business

Steps in Handling a Motion 1. A member makes a motion 2. Another member seconds the motion 3. The Chair states the question 4. Members debate (if the motion is debatable) 5. The Chair takes the vote 6. The Chair announces the result of the vote

Amendments To change a motion, move to: Amend by Inserting or adding words or a paragraph Striking out words or a paragraph Striking out and inserting words OR substituting a paragraph

Commonly Misused Motions Friendly Amendment Can only be made BEFORE the motion is stated Must receive concurrence from the maker of the motion After the motion has been stated by the chair, the amendment is treated as any other amendment Requires a second and a majority vote for approval

Previous Question (Question or I call the Question) Motion used to close debate Maker must have the floor Requires a second Not debatable Two thirds vote required for adoption

Lay on the Table (Table) Maker must have the floor Requires a second Not debatable Any condition makes it a different motion Majority vote required Sets aside pending motion temporarily Must be taken from the table at the same or next meeting

Reconsider (consider again a motion already decided at the same meeting) Maker must have voted on the prevailing side (yes if it was adopted, no if it failed) Requires a second Debatable After debate, a vote is taken first on whether to reconsider the motion If the motion to reconsider is adopted, the question is debated and then voted on again

Declare the meeting adjourned When a motion to adjourn has been made and adopted. When the predetermined hour for adjournment has arrived. When it appears there is no further business. When sensing a general desire to adjourn. In the event of fire, riot, or other extreme emergency.

Business in Small Boards Not more than about a dozen members Business is handled as if in a committee Rules are relaxed Board may choose which rules to use

Members may raise a hand to obtain the floor before making motions or speaking in debate, which they can do while seated.

Motions need not be seconded. Pro: Con: Best: No confusion about when a motion does not receive a second All motions would have to be considered Any item could be brought up at the meeting If there is a rule that limits introduction of new business, such as having to provide information by a certain time prior to the meeting

There is no limit to the number of times a member may speak to a debatable question. Pro: Con: Best: Members are not limited by normal rule of only being able to speak twice for no more than ten minutes each time Vocal minority can prevent a vote Possible to have debate between only two members arguing back and forth Generally, this is exactly how debate is handled in most governmental meetings

Motions to close or limit debate, including motions to limit the number of times a member can speak to a question, are in order, although occasions where they are necessary or appropriate may be rarer than in large assemblies.

Informal discussion of a subject is permitted while no motion is pending. Pro: Con: Best: Full discussion is allowed on all questions Having a motion before debate begins focuses the board discussion No way to keep members on track If used infrequently

Sometimes, when a proposal is perfectly clear to all present, a vote can be taken without a motion having been introduced. Pro: Saves time in having a motion made and seconded Con: Difficulty for the clerk who is taking the minutes Presiding officer must make sure that everyone understands what is being voted on Best: If used for only certain motions, such as approve the minutes or adjourn

The presiding officer need not rise when putting questions to a vote. Pro: Con: Best: In public bodies, members are seated and usually use individual microphones The group is not focused on the chairman, who is the leader and facilitator for the meeting If the presiding officer maintains control of the meeting

The chairman can speak in debate and usually can make motions and vote on all questions. Pro: Chairman is elected by the people and should have the same rights as other members Con: Impartiality of the chair may be compromised Best: To maintain the appearance of impartiality, the chairman should make motions only if absolutely necessary, speak only when the remarks are needed for clarification, and vote last on all roll call votes

Consent Agenda Must be authorized by a special rule of order What kinds of business may be included Who decides which items will be included Who may remove an item from the consent agenda How will items appear on the agenda Where will consent items be included in the minutes

What are minutes? Official record of the proceedings of a deliberative assembly Legal public record of a meeting Should reflect what was done in the meeting, not what was said by the members Should never reflect the recorder s opinion, favorable or otherwise, on anything said or done

Purpose of minutes: Demeter s Manual of Parliamentary Law: To refresh the memory of the members who were present at the meeting, To inform those who were absent from the meeting, and To compile a history of the organization s acts and accomplishments

Before the meeting: Agenda Previous meeting s minutes Back up material for agenda items Roster/roll call list Motion forms or blank paper

During the meeting: Determine that a quorum is present Each agenda item should be clearly announced Speakers should identify themselves and speak so they can be readily heard All lengthy motions should be submitted in writing

Order of Business: Opening ceremonies Consideration of minutes Public input Agenda items according to established agenda format Adjournment Standard Order of Business Minutes Reports of officers, boards, and standing committees Special Committee reports Special Orders Unfinished business and general orders New business

Contents of the Minutes First paragraph Body Last paragraph

First paragraph: Kind of meeting: regular, special, adjourned regular, or adjourned special The name of the assembly The date, time, and place of the meeting If the regular chairman and/or secretary were not present, who substituted for them Whether the minutes of the previous meeting were approved

Body of the minutes: All main motions or motions to bring a main question again before the assembly, except those that were withdrawn The wording in which each motion was adopted or disposed of, including (parenthetically): If the motion was debated, and/or If the motion was amended If the motion was temporarily disposed of, any primary and secondary amendments not yet voted on

All secondary motions that were not lost or withdrawn All notices of motions All points of order and appeals Whether sustained or lost Reasons given by the Chair for his or her ruling Nominations and elections Do not include what did not occur!

Recording votes: If by voice, the fact that the motion was adopted, approved, carried, lost, or defeated If by roll call, the names of those voting on each side as well as those who abstained Aye or Yes Nay or No Present or Abstain Pass

Published minutes: List of speakers on each side of every question Abstract or text of each address They are not a verbatim transcript! Reports of committees printed exactly as submitted or with an indication of additions and [parts struck out]

Last paragraph of the minutes: The hour of adjournment Signed by the person writing the minutes Respectfully submitted no longer used After final approval, the word Approved with the secretary s initials and date should be written below

Minutes are approved: For a regular meeting at the next regular meeting For an adjourned meeting at the next regular or adjourned meeting whichever is first For a special meeting at the next regular meeting

Approving minutes: Proposed minutes are only a draft and do not become the minutes until approved Corrections can be in accordance with your state s sunshine laws (open meetings act) Approval may be by unanimous consent, or Approval by a motion, second, and vote To dispense with reading of the minutes only postpones the time for their consideration

Availability of Minutes Public record Proposed minutes within a certain number of business days after the meeting Approved minutes within a certain number of business days after the meeting at which they were approved

Sample verbiage of motions: Main motion Member Anderson moved Amended motion (voice vote) After amendment, Member Anderson s motion to. Debated and amended motion (voice vote) After debate and amendment, Member Anderson s motion to..

Referred motion Member Smith moved. Member Anderson moved to refer to the City Manager to report back at next month s meeting. Postponed motion and amendment Member Smith moved Member Jones moved to amend by Member Anderson moved to postpone to the next meeting.

Previous Question/Close debate After the previous question was ordered, the motion was (adopted, approved, carried, or lost, defeated) Previous Question/Close debate (roll call vote) On a motion by Member Anderson, the previous question was ordered by the following vote: Yes, Members No, Members Abstain, Members

Lay on the table On a motion by Member Jones, the motion to was laid on the table. Take from the table Member Smith moved to take the pending matter from the table.

Point of Order Member Smith raised a point of order that The chair ruled the point of order well taken because OR The chair ruled the point of order not well taken because Appeal Member Smith appealed from the decision of the chair. The ruling of the chair was sustained OR The ruling of the chair was overturned.

Handling public input: Create and follow your own procedural rules Treat every person fairly and impartially Reciprocate courtesies Always maintain control and decorum Don t delay or compromise decisionmaking Remember, citizens don t have all the information you do Provide for an accurate record Listen to your legal counsel

In enforcing the rules there is a need for the exercise of tact and good sense. In small assemblies and especially when the members are unfamiliar with parliamentary procedure, a strict enforcement of the rules is unwise.

It is usually a mistake to insist upon technical points, as long as no one is being defrauded of their rights and the will of the majority is being carried out. The rules and customs are designed to help and not to hinder business. Henry M. Robert