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HomeMy WebLinkAbout2006-03-27 ' � RCJ'�C:L S (Aiheld o � 3v0i, Parliamentary Procedure Made Easy Prepared for : Town of Lansing Officials Ann L. Homer CPP-T, PRP Professional Parliamentarian r• r Why Parliamentary Procedure ? Parliamentary procedure is the code of rules for working together in groups . It is logic and common sense crystallized into rules of law . The courts hold that every deliberate body conducts its business subject to the rules of parliamentary procedure . Whenever a group meets for the purpose of presenting proposals, discussing them, and arriving at decisions, parliamentary procedure is not only helpful but indispensable . In all organizations , the rules of procedure must be observed if the actions of the assembly are to be legal . When decisions are to be made by groups, the time-tested processes of parliamentary procedure will always be necessary . The purpose of parliamentary procedure is to make it easier for people to work together effectively — not to emphasize or to multiply technicalities, but to supply essential rules to aid a group in reaching its goals . The principles underlying parliamentary law are : 1 . Justice and fairness for all • Respect for everyone ' s right to participate . 2 . One item of business at a time • A meeting can consider only one item of business at a time, thus avoiding confusion . • Parliamentary rules determine in what order various matters can be considered 3 . Right of the minority to be heard • Vital in a democratic organization is the protection of the right of the minority to be heard and respected, no matter how small the minority . 4 . Right of the majority to prevail • Parliamentary procedure ensures that the majority rules —sometimes it is a large majority, such as two-thirds . 5 . Common sense and courtesy These principles are all based on a regard for the rights of: • the majority ; • the minority, especially a strong minority — greater than one-third; • individual members • absentees ; and • all of these together. 2 • ah t( • 1 • One of the difficulties which.. often interferes with parliamentary procedure in many groups is that members are unfamiliar with the forms for making motions and at what point which motion can be made . Motions and Their Precedence The word "motion" refers to a formal proposal by a member, in a meeting, that the assembly take certain action .. Motions are classified into four groups according to their purpose and their characteristics : 1 . Main Motions are used to bring business before the assembly for consideration and action. If adopted, they commit the assembly to do something. 2 . Subsidiary Motions aid the assembly in treating or disposing of a main motion. 3 . Privileged Motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else . 4 . Incidental Motions relate in different ways to the pending business or to business otherwise at hand rather than directly to the main motion . The precedence of a motion means its rank, or when and how it can be made . Another "class" of motions not covered in the list above is : Bring Back Motions which bring a question again before the assembly . • 3 IMOTIONS — PRIVILEGED, SUBSIDIARY, INCIDENTAL, "BRING BACK" I r 13 Ranking Motions IN REQUIRES DEBAT- AMEND- VOTE Reamsi PURPOSE OF ORDER SECOND ABLE `' ) ABLE REQUIRED MOTIONS Privileged Motions 13 - FIX TIME TO NO YES NO Yes- time and MAJORITY YES Set time & place to WHICH TO ADJOURN (to) place continue meeting 12 - ADJOURN NO YES NO NO MAJORITY NO Close meeting immediately 11 - RECESS NO YES NO Yes-time MAJORITY NO Take short intermission 10 -RAISE QUESTION OF YES * NO * NO NO Chair decides NO Request right or PRIVILEGE i privilege 9 -CALL FOR ORDERS OF YES * NO NO NO 2/3 vote in NO Requires assembly to THE DAY NEG prevents conform to its order of proceeding business Subsidiary Motions 8 - LAY ON THE TABLE NO YES NO NO MAJORITY NEG ONLY Lay aside due to other urgent business 7 - PI' wioUs QUESTION NO YES NO NO 2/3 YES Close debate; stop amendment; vote immediately 6 -LIttlIT OR EXTEND NO YES NO Yes-time 2/3 YES * Exercise special DEBATE control over debate S - P STPONETOA NO YES YES YES MAJORITY YES * Defer action to CERT kIN TIME Limited unless special definite day, meeting, order hour, or event 4 - COMMIT OR REFER NO YES YES YES MAJORITY YES * Refer to smaller group for study 3 - AMEND NO YES YES * YES MAJORITY YES Modify wording 2 - POSTPONE NO YES YES ' NO MAJORITY AFFIRM . "KILL" main motion, INDEdINFTELY vote only avoid direct vote 1 - MAIN MOTION NO YES YES YES MAJORITY* YES Bring business before assembly Incidental Motions APPEAL YES YES YES * I N MAJORITY * YES Appeal from chair' s ruling CONSIDER BY NO YES NO YES MAJORITY NO Consider each part PARAGRAPH OR separately SERIATIM DIVISION OF THE YES NO NO ' NO NO VOTE; NO Requires vote to be ASSE!4BLY DEMAND retaken by rising PARLIAMENTARY YES NO NO NO CHAIR NO Obtain parliamentary INQUIRY ANSWERS info POINT OF ORDER YES NO NO NO CHAIR NO Members call on chair I RULES for ruling SUSPEND THE RULES NO YES NO i NO 2/3 NO Suspend the interfering rules WITHDRAW A MOTION YES YES NO NO MAJORITY NEG ONLY Restore status quo j1, before motion MOTIONS : VOTING NO YES NO YES MAJORITY YES Require other than voice vote 1 Motions the Bring a Question Again Before the Assembly TAKE FROM THE TABLE NO YES NO NO MAJORITY NO Return motion to the j assembly RESCIND: AMEND NO YES YES* YES 2/3 or MAJ . NEG ONLY Change action SOMETHING w/NOTICE or previously taken PREVIOUSLY ADOPTED MAJ OF MEMBER. RECONSIDER YES* YES YES* NO MAJORITY NO Bring back motion already voted on *In certain circumstances; consult RONR Processing/Handling a Motion Once you understand the precedence of motions — and have your precedence chart in front of you — it is easier to understand the eight steps in handling a motion . 1 . The first step is for the member to GAIN RECOGNITION, normally by going to the microphone and obtaining recognition from the presiding officer. 2 . The presiding officer (a/k/a/ chairman, chair, president) RECOGNIZES THE MEMBER. 3 . The member IDENTIFIES HIM/HERSELF and then MAKES THE MOTION prefaced by the words "I move that . . . . " 4 . Another member SECONDS the motion . Unless your governing documents require that you state your name to be recorded in the minutes, it is not necessary to gain recognition prior to seconding the motion . Note that seconding a motion only means that the individual feels a motion should come before the group for discussion (if it is a debatable motion) and vote . It does NOT necessarily mean that the seconder agrees with the motion . The seconder can speak for or against the motion is debate ; however, the MAKER of the motion CANNOT speak against it in debate unless it is materially amended. 5 . The presiding officer STATES THE MOTION. This transfers ownership of the motion from the maker to the assembly . Nothing can now be done to or with the motion without the group ' s permission. 6 . The presiding officer calls for debate on the motion (if the motion is debatable) . The maker of the motion has the right to speak first in debate and s/he can only speak in FAVOR of the motion ; although s/he can vote for or against the motion . Once the maker of the motion has spoken, if s/he wishes, the presiding officer alternates between those in favor of and those against the motion . 7 . When debate is concluded — either because no one else desires to speak or because time for debate on that question has expired — the presiding officer PUTS THE MOTION to a vote . Depending on the type of motion and the vote required, the presiding officer may take the vote by voice, show of voting cards, rising with voting cards, or ballot. The presiding officer calls for the affirmative vote first and then the negative vote . The negative vote must be called for even when the affirmative vote appears conclusive . 8 . The presiding officer ANNOUNCES THE RESULT OF THE VOTE (motion adopted or lost), any action to be taken, and then introduces the next item of business . The MOTION is the basis of all action taken at a meeting . Without a motion, no new business can be introduced, altered, or disposed of by the members . 5 Quorum However, NO ACTION can be taken unless a QUORUM is present. A QUORUM is the minimum number of voting members who must be present at the meeting of a deliberate assembly for business to be legally transacted. The quorum refers to the number of such members present, not to the number actually voting on a particular question The requirement of a quorum is a protection against totally unrepresentative action in the name of the body by an unduly small number of persons . In the absence of a quorum, any business transacted is null and void. The only action that can legally be taken in the absence of a quorum is : 1 . to fix the time to which to adjourn ; 2 . to adjourn; 3 . to recess ; or 4 . to take measures to obtain a quorum . The prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent, and a notice cannot be validly given . It is the duty of the presiding officer to ensure a quorum is present before calling the meeting to order. Once the chair has called the meeting to order with a quorum present, the continued presence of a quorum is presumed unless the chair or a member notices that a quorum is no longer present . Any member noticing the apparent absence of a quorum can make a point of order to that effect at any time so long as he does not interrupt a person who is speaking . A point of order relating to the absence of a quorum is generally not permitted to affect prior action . Taking Action The three most common methods of taking action are : 1 . To adopt a main motion as made ; 2 . To adopt a main motion as amended; or 3 . To refer the main motion to a committee . As previously stated, the MAIN MOTION is the means by which new business is brought before the assembly for consideration and vote . It is preceded by the words "I move that" or "I move to ." 6 • Amending When a motion is made that is not satisfactory to the group in its current form, the motion may be changed by the motion to AMEND . An amendment must be GERMANE — or very closely related — to the subject of the motion . It must be STATED CLEARLY and it must be SPECIFIC as to what part of the motion it applies . The appropriate wording is : "I move to amend the motion by (stating change) . " An amendment may, when properly presented : 1 . INSERT words, sentences, or paragraphs ; 2 . ADD wording at the end of a sentence ; 3 . STRIKE OUT words, sentences, or paragraphs . ( The words must be consecutive.); 4 . STRIKE OUT and INSERT words, sentences, or paragraphs ; or 5 . SUBSTITUTE wording of a paragraph or entire text. An amendment can be hostile to, or even defeat, the spirit of the original motion and still be germane . (For example, a motion to commend the speaker can be amended to censure the speaker and still be germane as it pertains to taking action regarding the conduct of the speaker) . Rules for Amending 1 . To INSERT or ADD words ❖ Insert at the beginning or middle ❖ Add only at the end a. Must specify the EXACT place of insertion by naming the word before or after which, or the words between which, the insertion or addition is to be made . b . After words have been inserted or added, they CANNOT be changed or struck out, except through a reconsideration of the vote, or through an amendment presenting a new question in the form of a motion : i . to STRIKE OUT the ENTIRE PARAGRAPH into which the words were inserted ; ii . to STRIKE OUT a portion of the paragraph, including all or part of the words inserted and enough other words to make a different question from the one decided by the insertion ; iii . to SUBSTITUTE an entire paragraph for the one into which the words were inserted ; 7 iv . to STRIKE OUT a portion of the paragraph (including all or part of the words inserted) and INSERT other words, in a way that presents a NEW question . A motion to insert, or to add„ WORDS can have applied to it secondary amendments in any of the three forms relating to words — inserting or adding; striking out; or striking out and inserting . 2 . To INSERT or ADD, a paragraph ❖ The rules are essentially the same as 1 . above except : a. after a paragraph has been inserted, words can still be ADDED to it, provided they do not conflict with or modify anything in the paragraph as already inserted ; b . after a paragraph ' s insertion or addition, the paragraph cannot be struck out except in connection with other paragraphs that make the question materially different. 3 . To STRIKE OUT words ❖ Should specify the location of the words to be struck out when the location is not otherwise clear. a. can be applied only to CONSECUTIVE words ; b . after adopted, the words that were struck out CANNOT be inserted again unless the place or wording is so changed as to make a new proposition ; c . if the motion to strike out certain words fails, it is still in order to move to : i . strike out only a part of the same words ; ii . strike out all or a part of the same words together with some others ; iii . strike out all or a part of the same words and insert different ones ; or iv . strike out all or a part of the same words together with some others and insert different words . d . NOTE that the motion to amend by striking out certain words can be amended only by striking out words from the primary amendment . ❖ The effect of such a secondary amendment is that words struck out of the primary amendment will REMAIN in the main motion regardless of whether the primary amendment is adopted or rejected . 4 . To STRIKE OUT a paragraph ❖ When it is moved to strike out an entire paragraph, the paragraph that would be struck out is opened to improvement by secondary amendment by : - inserting or adding ; - striking out; or • striking out and inserting. ❖ If the paragraph to strike out is voted down, the paragraph then remains with ANY CHANGES THAT WERE MADE BY SECONDARY AMENDMENT. - After a paragraph has been struck out, it cannot be inserted again unless the wording (or possibly, the place) is changed in a way that presents an essentially new question . 8 I 5 . To STRIKE OUT and INSERT words ❖ The two parts of this motion cannot be separated, either by secondary amendment or by a Division of the Question. a. This motion falls into two types : - those by which a different wording is inserted in the same place ; and - those by which the same wording struck out of one place is inserted in a different place. b . It is NOT in order to move to strike out something from one place and insert something materially different in another place by a single action, unless the mover receives unanimous consent to make these two separate motions at the same time. c . After a motion to strike out and insert has been adopted, what has been struck out and what has been inserted are subject to the same rules regarding further amendment, as if the striking out and inserting has been done by separate motions . i . the inserted matter cannot be struck out; ii . the matter that has been struck out cannot be inserted again, except through a reconsideration of the vote on the amendment, or through changes in the wording or the place in a way that presents a new question . 6 . To SUBSTITUTE ❖ A motion to amend by striking out an entire paragraph, section, or article — or a complete main motion or resolution — and inserting a different paragraph or other unit in its place is called a motion to SUBSTITUTE . a. A primary amendment to SUBSTITUTE is treated similarly to a motion to strike out and insert. - Both the paragraph to be struck out and the paragraph to be inserted can be perfected by secondary amendment in any of the three forms . b . The chair has the option of accepting only amendments to the paragraph to be struck out first, and then only amendments to the proposed substitute (perfect the motion, perfect the substitute, vote on the substitute, vote on what is left) . Friendly Amendment There is technically, in parliamentary procedure, no such thing as the often-used FRIENDLY AMENDMENT. This term is often used to describe an amendment offered by someone who is in sympathy with the purposes of the main motion, in the belief that the amendment will either improve the statement or effect of the main motion, presumably to the satisfaction of its maker, or will increase the chances of the main motion ' s adoption . Regardless of whether or not the maker of the main motion "accepts" the amendment, it must be opened to debate and voted on formally (unless adopted by unanimous consent) and is handled under the same rules as amendments are generally handled . 9 Referral/Commitment If the assembly would prefer to have the motion undergo further, careful consideration or investigation, the question can be REFERRED TO A COMMITTEE . The motion to REFER or COMMIT should include the following details : ❖ If referred to a standing committee, the NAME of the committee ; ❖ If referred to a special or ad hoc committee, the motion should specify the NUMBER of committee members, and the METHOD of their section, unless the method is prescribed by the bylaws ; or if preferred, the motion can actually name the members of the committee ; ❖ INSTRUCTIONS to the committee can also be included in the motion, and may include such matters as when the committee should meet, how it should consider the question, whether it should employ an expert consultant, and when it should report; ❖ The committee can be given "FULL POWER" to act for the society in a specific case and can be authorized to spend money or add to its membership . Taking Action Without Debate While most motions proposed to be acted on by the assembly allow debate before the vote, there are some motions, by their very nature, which prohibit debate before taking action on them . The motions are to : 1 . Extend Debate, which allows discussion to be extended beyond the established time limit or to extend the number of speeches allowed. 2 . Limit Debate, which restricts the length of time allowed for discussion of a motion by setting a time limit for each speaker on a motion ; by setting a total time limit for discussion on a motion ; by establishing the number of speeches pro and con ; and by establishing the number of times a member may speak on a single motion . 3 . Previous Question , which, if adopted, stops debate and amendment on the pending question or questions immediately . The previous question can be moved on the immediately pending question, a series of pending questions, or all pending questions . 4 . Objection to Consideration, allows objection to a MAIN MOTION only . This is used if a member feels a motion would be harmful to the organization and/or its members . The motion does NOT require a second . 5 . Lay on the Table, allows the assembly to lay aside a pending question momentarily to allow more urgent business to be considered immediately . This motion is NOT to be used to kill a motion . 10 1 6 . Take from the Table, brings back before the assembly a question that has been laid on the table . If adopted, debate resumes on the motion where it left off when the motion was tabled . 7 . Withdraw a Motion, allows the maker of a motion to withdraw the motion with the permission of the assembly. This is normally done by unanimous consent, but if someone objects to the withdrawal, a formal vote must be taken . Tools for the Member A well-run meeting requires that everyone knows what is happening at all times . It is the presiding officer' s responsibility to see that discussion is informative to the members and that the parliamentary rules are obeyed. It is equally important that the members understand the use of the rules ; even the presiding officer sometimes makes a mistake which should be called to his or her attention . The following motions are intended to maintain order and guarantee fair treatment. 1 . Parliamentary Inquiry is a question directed to the presiding officer to obtain information on a matter of PARLIAMENTARY LAW, the PARLIAMENTARY SITUATION at the given time, or the RULES of the organization bearing on the business at hand. It is the presiding officer' s responsibility to answer a legitimate parliamentary inquiry . The proper form is, "I rise to a parliamentary inquiry . " 2 . Point of Information is a request directed to the presiding officer, or through the presiding officer, to another officer or member, for information relevant to the business at hand but NOT RELATED to parliamentary procedure (e . g . a question addressed through the presiding officer to the treasurer regarding the financial report) . The proper form is, "I rise to a point of information . " The presiding officer should take special care to ensure that the members do not use this tool as an attempt to debate . The point of information is used to GET INFORMATION not to GIVE INFORMATION . 3 . Question of Privilege is a device that permits a request or main motion relating to the rights and privileges of the assembly or any of its members to brought up for possible immediate consideration because of its urgency . The member rises, states his/her question, and the presiding officer rules as to whether the question is truly a question of privilege, and if so, whether or not it is urgent enough to interrupt the pending business . The presiding officer ' s ruling on the question of privilege is subject to appeal . • 11 4 . Point of Order is a question directed to the presiding officer when a member thinks the rules of the assembly are being violated, thereby calling upon the presiding officer for a ruling and an enforcement of the rules . Basically, a point of order must be raised at the time of the breach unless the breach is a continuing one in violation of the law, the basics of parliamentary law, the constitution and bylaws of the organization, or the rules protecting the basic rights of members and absentees . If the presiding officer is unsure as to how to rule on a point of order, he can submit it to the assembly for decision . The decision of the chair is subject to appeal ; the decision of the assembly is not . The proper form is , "I rise to a point of order," or more commonly, "Point of Order ! " 5 . Appeal — at the time a ruling is rendered by the presiding officer, an appeal may be made from his/her ruling if two members agree the decision should be appealed and placed in the hands of the assembly . One member must make the appeal and other seconds the appeal . Members have no right to criticize a ruling of the presiding officer unless they appeal from his/her decision . The appeal must be raised at the TIME OF THE RULING . Once any debate or business has intervened, it is too late to appeal . A member should not hesitate to appeal the presiding officer ' s decision ; the situation is no more delicate than disagreeing with another member in debate . On a debatable appeal, the presiding officer speaks first and last in debate, all other members may speak once . The proper form is "I appeal from the decision of the chair . " Changing Our Minds - Taking a Second Look Sometimes it is necessary to take a second look at decisions or actions an assembly has made or to set aside the rules to take some expedited action . The following motions allows the group to think differently about a situation . 1 . Reconsider is the ONLY motion of American origin, and is one of the most misunderstood motions in parliamentary procedure . This motion enables a majority, within a limited time and without notice, to bring back for further consideration a motion which has already been voted on . Its purpose is to permit the correction of hasty , ill-advised, or erroneous action, or to take into account added information, or a changed situation, that has developed since the taking of the original vote . To provide usefulness and protection against misuse, Reconsider is subject to some rather stringent rules . a. The motion can be made only by a member who voted on the PREVAILING SIDE of the original vote . Therefore, if the motion was adopted, Reconsider must be made by one who voted "Yes" ; if the motion lost, Reconsider must be made by one who voted "No . " b . The making of the motion is subject to the following time limits : 12 P - • i . In a session of one day — such as an ordinary meeting of a club or a one-day convention — the motion to Reconsider can be made ONLY ON THE SAME DAY the vote to be reconsidered was taken. ii . In a convention or session of more than one day, the motion to Reconsider can be made ONLY ON THE SAME DAY THE ORIGINAL VOTE WAS TAKEN or on the NEXT SUCCEEDING DAY WITHIN THE SESSION on which a business meeting is held. The effect of adopting the motion to Reconsider is immediately to place before the assembly again the question on which the vote is to be reconsidered — in the exact position it occupied the moment BEFORE it was voted on originally . The proper wording is, "I move to vote to reconsider the vote on . " 2 . Rescind The purpose of rescind is to cancel or countermand an action or order previously taken. The effect of Rescind is to strike out an entire main motion, resolution, rule, bylaw, section, or paragraph that has been adopted at some previous time . The adoption of the motion to rescind reverses a previous action. ANY member can make the motion to rescind, regardless of how — or whether — s/he voted on the original motion . The motion to Rescind is NOT in order under the following conditions : 1 . When it has previously been moved to reconsider the vote on the main motion and the question can be reached by calling up the motion to Reconsider. 2 . When something has been done, as a result of the vote on the main motion, that is impossible to undo . 3 . When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. This motion, except when applied to a constitution, bylaws, or special rules of order, requires one of the following votes : 1 . a two-thirds vote ; 2 . a majority vote when notice of intent to make the motion, stating the complete substance of the proposed change, has been given at the previous meeting or in the , call of the present meeting; or 3 . a vote of the majority of the entire membership whichever is more practical to obtain. 13 For rescinding a bylaw, the vote required is the same as for amending the bylaws . The proper form is, "I move to rescind the motion that 3 . Amend Something Previously Adopted The purpose of amend something previously adopted is to change only a part of the text, or to substitute a different version, of something already adopted by the group . The other characteristics and rules for Amend Something Previously Adopted are the same as for Rescind . The proper form is, "I move to amend the motion previously adopted to " 4 . Suspend the Rules When an assembly wishes to do something DURING A MEETING that it cannot do without violating one or more of its regular rules , it can adopt a motion to SUSPEND THE RULES interfering with the proposed action — provided that the proposal is not in conflict with the constitution or bylaws, with local, state, or national law, or with a fundamental principle of parliamentary law. NOTE : The Constitution and/or Bylaws are NEVER to be suspended . The object of this motion must usually be to suspend one or more rules contained in the parliamentary authority, the special rules of order, or the standing rules of the assembly . Rules that CANNOT be suspended are : 1 . Rules contained in the constitution and/or bylaws ; 2 . Rules that embody the fundamental principles of parliamentary law ; and 3 . Rules protecting absentees or the basic rights of the individual member. The proper form is, "I move that the rules be suspended which interfere with , " or "I move to suspend the rules and take up . " 14 We Need a Break 1 . Recess A recess is a short intermission in the assembly ' s proceedings, normally for just a few minutes, which does not close the meeting and after which business will immediately be resumed at exactly the point where it was interrupted. The PRIVILEGED motion to RECESS is a motion that a recess begin IMMEDIATELY made while ANOTHER MOTION IS PENDING . A motion to RECESS that is made when NO QUESTION IS PENDING, is a MAIN MOTION. 2 . Adjourn To adjourn means to close the meeting. The adoption of any motion to adjourn closes the meeting IMMEDIATELY unless the motion specifies a latter time for adjourning . A motion to ADJOURN is always PRIVILEGED except : 1 . When the motion is qualified in any way ; 2 . When a time for adjourning is already established ; or 3 . When the effect of the motion to adjourn, if adopted, would be to dissolve the assembly with no provision for another meeting — as in the last meeting of a convention. The proper form is, "I move to adjourn . " Wait a Minute (Interrupting Motions) The following motions are in order, not only when business is pending, but they can INTERRUPT THE SPEAKER if urgency requires it : 1 . Appeal This is used to disagree with the ruling of the presiding officer and requires a second. Since an appeal must be made at the time of the ruling, this motion is in order when another has the floor. If ANY debate or business has intervened, it is too late to appeal . 2 . Division of the Assembly This is used when a member DOUBTS the result of a voice or show of hands vote — either because the result appears close or because he doubts that a representative number of the members present have voted. A member can then call for a Division of the Assembly, requiring the vote to be taken again by rising. 15 This motion is in order WITHOUT obtaining the floor, when another has the floor, and at any time after the question has been put, even after the vote has been announced . This motion must be processed on the demand of a SINGLE MEMBER. 3 . Orders of the Day (Call for) This is a demand to take up the proper business in order — to conform to its agenda, program, or order of business . If in order at the time, this motion is in order when another has the floor and CAN INTERRUPT THE SPEAKER. This motion must be processed on the demand of a single member, unless set aside by a two-thirds vote . 4 . Parliamentary Inquiry This is a question directed to the presiding officer to obtain information on the parliamentary situation at hand . If urgency requires, this motion CAN interrupt a speaker during debate . 5 Point of Information This is a request directed to, or through, the presiding officer, for information relevant to the business at hand but NOT related to parliamentary procedure . It is NOT to be used to GIVE information. If urgency requires, this motion CAN interrupt a speaker during debate . 6 . Point of Order is used when a member feels the rules of the assembly are being violated, thereby calling upon the chair for a ruling and an enforcement of the regular rules . This motion is in order when other has the floor and CAN interrupt a speaker if the point genuinely requires attention at the time . 7 . Question of Privilege This is a device that permits a request or main motion relating to the rights and privileges of the assembly or any of it members to be brought up for possible IMMEDIATE consideration because of its urgency, while business is pending and the request or motion would otherwise be out of order. This motion is IN ORDER when another has the floor if warranted by the urgency of the situation . 16 There are two types of questions of privilege : 1 . Those relating to the privileges of the assembly as a whole ; and 2 . Questions of personal privilege . Questions of privileges of the assembly may relate to : 1 . The organization or its existence ; 2 . The comfort of its members with respect to heating, ventilation, lighting, noise, or other disturbances ; 3 . The conduct of its officers or employees, or of visitors ; or 4 . A motion to go in to executive session . Questions of personal privilege are rare and usually relate to something such as an incorrect record of a member' s participation in a meeting contained in the minutes approved in his absence, or to charges circulated against a member' s character. The following motions are in order when business is pending, but they CANNOT INTERRUPT a speaker. 1 . Giving Previous Notice — if a motion requires previous notice to be given at the prior meeting and the member desiring to give notice cannot obtain the floor when no business is pending, the notice can interrupt pending business ; the notice is in order when another person has been assigned the floor but has NOT begun to speak. 2 . Object to the Consideration of a Question The purpose of this motion is to enable the assembly to avoid a particular ORIGINAL MAIN MOTION altogether when it believes it would be strongly undesirable for the motion to even come before the assembly . This motion can interrupt someone who has been assigned the floor but who has NOT begun to speak. Once consideration of the question has begun, it is too late to object. Rights and Responsibilities A meeting serves to enable individuals to act together as a body to achieve the goal and objectives of the organization . To work in harmony, the rights and responsibilities of the presiding officer and the members must be understood and properly utilized . 17 The PRESIDING OFFICER has the ultimate responsibility for the meeting and the assembly . To that end, s/he must maintain order and request that participants : 1 . Address ALL remarks through the presiding officer; 2 . Obey legitimate orders of the presiding officer; 3 . Obey rules of the assembly and the organization ; 4 . Refrain from disturbing officers or interrupting a speaker; 5 . Refrain from attacking a member or a member' s motives during debate ; 6 . Accept the will of the majority ; 7 . Honor the right of the minority to be heard; and 8 . Act with proper decorum at all times . Additionally, the PRESIDING OFFICER must : 1 . Conduct the meeting in an efficient and courteous manner; 2 . Adhere to the Constitution and Bylaws andother rules adopted by the organization ; 3 . Follow the established order of business (agenda or program) unless otherwise directed by the assembly ; 4 . Utilize parliamentary procedure to protect the rights of all members, including absentees ; and 5 . Ensure the members understand what the business before them is . A MEMBER influences an organization ' s activities, goals, and objectives . His/her actions should facilitate the organization ' s meetings . Through the payment of dues and adherence to the organization ' s rules, a MEMBER has the RIGHT to : 1 . Attend meetings ; 2 . Participate in proceedings, including serving on committees ; 3 . Make and second motions ; 4 . Speak in debate ; 5 . Ask questions ; 6 . Know what they are voting on ; 7 . Vote ; and 8 . Seek nomination to and hold office . Additionally, a MEMBER has the RESPONSIBILITY to : 1 . Help maintain order and decorum in a meeting; 2 . Refrain from social conversation during the meeting ; 3 . Engage only in the business before the group ; 4 . Share knowledge of issues by properly participating in debate ; 5 . Support a decision of the majority ; 6 . Respect the rights of the minority ; and 7 . Show respect to the officers . 18 Custom 1 . In some organizations a particular practice may sometimes come to be followed as a matter of established custom so that it is treated practically as if it were prescribed by a rule of order. 2 . If the practice is or becomes in conflict with the parliamentary authority or any written rule of the organization and a Point of Order is raised, the custom falls to the ground. 3 . If there is no conflict with the parliamentary authority or written rules, the established custom should be adhered to unless the assembly, by a majority vote, agrees to do otherwise. Stand at Ease A meeting is said to STAND AT EASE if the chair, without objection, simply permits a brief pause, without a declaration of a recess . In such a case there is technically no interruption of the meeting, and members remain in their places . Quiet conversation among neighboring members may take place, but it must cease immediately when the chair declares the meetings again in order or any member objects to continuing to stand at ease . Germaneness C. An amendment must always be germane — that is , closely related to or having bearing on the subject of the motion to be amended. This means that no new subject can be introduced under the pretext of being an amendment. ❖ An amendment must be germane to be in order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied . C. A secondary amendment must related to the primary amendment in the same way as the primary amendment must relate to the motion to be amended . ❖ An amendment cannot introduce an independent question . ❖ An amendment can be hostile to, or even defeat, the spirit of the original motion and still be germane . ❖ If a proposed amendment is related to the main motion in such a way that, after the adoption, rejection, or temporary disposal of the present main motion, the essential idea of the amendment could not be introduced as an independent resolution, at least during the same session, the amendment IS germane and should be admitted, since there will not be, or may not be, any opportunity to present it later. 19 ❖ An amendment to change one type of motion into another type of motion is never in order. For example, a motion to postpone another motion temporarily cannot be amendment to make it a motion to postpone indefinitely . ❖ In debate, a member' s remarks must be germane to the immediately pending question — that is , his statements must have bearing on whether the pending motion should be adopted . ❖ Germaneness : ✓ PREVENTS the amendment from introducing an independent question ; ✓ does NOT prevent the amendment from being hostile to or in opposition to the spirit of the original motion . ❖ Judgment of whether or not a motion is germane is based SOLELY on the motion to which the amendment is applied . In making that judgment, the presiding officer looks at the motion to be amended and determines whether the amendment is closely related to the motion . it Scope ❖ When motions require PREVIOUS NOTICE, such a motion cannot be amended so as to make the proposed change greater than that for which notice has been given . ❖ No subsidiary motion to amend is in order that proposes a change going beyond the scope of notice which was given, for the reason that adoption of such a motion will destroy the effect of the notice . ❖ Concept of scope applies ONLY to amendments to motions that require PREVIOUS NOTICE . ❖ The scope of an amendment must fall within the range that is created by what currently exists and by what is proposed in the motion . NO AMENDMENT CAN GO BEYOND THAT SCOPE . ❖ If amendments go beyond the SCOPE OF NOTICE, the notice required is invalidated and the amendment must be ruled out of order. ❖ Amendments to motions CANNOT INCREASE the modification of the motion as it is printed in the written notice . This rule exists to PROTECT THE MEMBERS WHO ARE NOT IN ATTENDANCE at the convention or meeting . ❖ Scope is more clearly determined in amendments to bylaw amendments than in amendments to motions because the basis for range is more definitive . 20 Ann L . Homer CPP - T, PRP Professional Parliamentarian P O Box 106 Cortland NY 13045 - 0106 Phone/Fax 607 - 756 - 5751 Cellular 315 - 729 - 3170 ahomercps@aol . com 23 i � � � . i i i i '� �I Page 1of1 Tolcodes From : "Larry C Sharpsteen " <larbear@juno . com > To : <tolcodes@twcny. rr. com > Sent: Wednesday , December 20 , 2006 6 : 15 PM Subject: Re : PB minutes- Question I do not recall asking for one on Lama., They do not plan toilet facilities, as I recall, and the drainage plans will take care of everything else . Larry 12/21 /2006 i i �� ❖ In an amendment to a proposed bylaw amendment, the range is created on one side by the CURRENT WORDING of the part of the bylaws that is to be amended . The other end of the range is created by SOME PROPOSED AMENDMENT. ❖ As a general rule, motions that are not bylaw amendments do not have ORIGINAL WORDING that is changing; therefore, the scope is not as easily determined . Germane to Scope C. ALL amendments must be germane but ONLY amendments to motions which require previous notice must remain within the scope . ❖ Judgment of whether or not a motion is GERMANE is based SOLELY on the motion to which the amendment is applied . In making that judgment, the presiding officer looks at the motion to be amended and determines whether the amendment is closely related to the motion . ❖ Judgment of whether or not an amendment is within SCOPE is based on determining whether the amendment is within a RANGE that is created by what currently exists and what is proposed in the amendment. Executive Session and Public Bodies in New York State Section 105 of New York State Public Officers Law states the following with regard to Executive Sessions : "Conduct of executive sessions . 1 . Upon a majority vote of its totals membership (not just the members present) , taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys : a. matters which will imperil the public safety if disclosed ; b . any matter which may disclose the identity of a law enforcement agent or informer; c . information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed ; d. discussions regarding proposed, pending, or current litigation; e . collective negotiations pursuant to article fourteen of the civil service law; f. the medical , financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation ; g• the preparation, grading, or administration of examinations ; and 21 h . the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. 2 . Attendance at an executive session shall be permitted to ay member of the public body and any other persons authorized by the public body . " 22 I I I i i I i !I'