Parliamentary Procedure: Being Aware of the Key Rules

MARY J. KAYSER, TRMC/CMC City Secretary CITY OF GARLAND

Portions of the presentation are with the permission of Mary Lynne Stratta, City Secretary, City of Bryan, Texas; Marty Hendrix, City Secretary, City of Fort Worth and Doris Speer, City Secretary, City of Tomball

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Basic Fundamentals of Parliamentary Law

American parliamentary law is built upon the principle that rights must be respected: rights of the majority, of the minority, of individuals, of absentees, and rights of all of these together. Henry M. Robert Roberts Rules of Order
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Parliamentary Law
It is an organized g system y that allows a group of people to come together and make a decision. The system is made up of basic principles and rules that determine how the group will proceed through the d ii decision-making ki process

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The Purpose of Parliamentary Law

The p purpose p of parliamentary p y procedure p is to protect the rights of individuals, to combine their efforts with others to accomplish common goals, to enable individuals to debate, and to take action in an equitable manner with a minimum of controversy. controversy

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Rules of Parliamentary Procedure

The rules of parliamentary procedure, which are based on common sense and logic, g , are designed g to p protect: * * * * the rights of board members in the majority to make decisions; the rights of the board members in the minority to be heard; the rights of individual members; and the rights of absentees.

A careful balance of the rights of the organization as a whole, the rights of subgroups within the organization, and the rights of individual members must be maintained. Parliamentary procedure should help, not hinder, decision making.
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Types/Classes of Rules
Under RONR, two types of rulesgeneral and special govern meeting procedures.

General rules comprise the basic information necessary to conduct business Special rules are applicable to particular purposes or organizations

NOTE: Special rules always supersede any general rules with which they may conflict.
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Parliamentary Authorities

Roberts Rules of Order, Newly Revised (RONR) Standard Code of Parliamentary Procedure Cannons Concise Guide to Rules of Order Demeters Manual of Parliamentary Law and Procedure Masons Manual of Legislative Procedure Roberts Rules of f Order, , Standard Code of f Parliamentary y Procedure, and Cannons Concise Guide to Rules of Order are best suited to less formal organizations, such as city councils, volunteer boards and commissions, and homeowners associations.

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PARLIAMENTARY RESOURCES

Roberts Rules of f Order Newly y Revised, 10th Edition Parliamentary Procedure in Local Government Roberts Rules for Dummies The Complete Idiots Guide to Roberts Rules All of these are available from the National Asso. Asso of Parliamentarians (www.parliamentarians.org)

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The Texas Open Meetings Act

The Texas Open Meetings Act (Sec 551, (Sec. 551 Texas Government Code) and home rule city charters provide the form, organization, and some of the more fundamental rules of procedure for governing bodies. The Texas Open Meetings Act (TOMA) will always take precedence over parliamentary procedure or other procedural guidelines.
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Local Governing Documents

Federal law and j judicial precedent p State law and judicial precedent Homerule Charter Local laws or ordinances Special rules of order (parliamentary authority) St di rules Standing l Policies and procedures Custom
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Basic Rules of Parliamentary Procedure

Parliamentary procedure is designed to carry out the will of the majority while preserving the rights of the minority. There are ten commandments of parliamentary li procedure: d

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Basic Rules of Parliamentary Procedure

1. The rights g of the organization g as a whole supersede the rights of individual members. Each board has the right to make its own rules, which must then be observed by all members; if a conflict arises between the rights g of the organization to conduct business and the rights of a member, the rights of the organization prevail. Many boards adopt their own rules of procedure.
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Basic Rules of Parliamentary Procedure

2. All members have equal rights, privileges, and obligations; bli ti members b of f a minority i it have h a right to be heard and a right to oppose any issue or the majority. Member rights include:

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The right to attend meetings; The right to make motions and to speak in debate ( ft recognition (after iti by b the th Chair); Ch i ) The right to make nominations; The right to vote; and The right to hold office.
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Basic Rules of Parliamentary Procedure

3. A Q Quorum Must be Present to Conduct Business and/or to Take Legal Action:
A quorum is the number of members who must be present to legally conduct business, usually a majority of the board members. This number may be established by state law, home-rule o e u e charter, c a te , or o in bylaws. by aws. The requirement to have a quorum serves to prevent a lessthan-representative group from taking action in the name of the organization and protects the rights of absentees.
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Basic Rules of Parliamentary Procedure

4. Only y One Main Motion (Question) (Q )

May be on the Floor at a Time

Only one motion or proposition can be on the floor at a time for consideration. If another member makes a motion that does not directly relate to the subject being considered, the Chair will rule the motion out of order and discussion of the main motion on the floor will continue.
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Basic Rules of Parliamentary Procedure

5. Only y One Member/Speaker p Can

Have the Floor at a Time

Once a member has been recognized by the Chair, he or she has been given the floor and may not be interrupted by another member. If another member interrupts the speaker, the Chair will advise the interrupting member to wait until he or she has been recognized by the Chair, then ask the original speaker to continue.
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Basic Rules of Parliamentary Procedure

6. Debatable Motions Must Receive Full Debate
The presiding officer may not put a debatable motion to vote as long as any member wishes to debate the motion. Every member has the right to understand the meaning of any question presented during a meeting and to know what effect any decision will have. Debate may only be suspended by a two-thirds vote of the members present. Suspending debate limits the rights of members to continue discussing the motion; therefore, a two-thirds vote is required.
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Basic Rules of Parliamentary Procedure

7. Personal Remarks During

D b t are Al Debate Always O Out t of f Order O d

Debate must be directed to the motion on the floor, not motives; to principles, not personalities. The presiding officer must rule all personal remarks out of order. d The issuenot the personis the topic of discussion. Members address their comments to the Chair, not to other members.
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Basic Rules of Parliamentary Procedure

8. Once the Question has been Decided, It (or a

Similar Question) Cannot be Brought Up Again at the Same Meeting

If a member attempts to bring a questionor a motion that is essentially the same as a previously voted-on question before the board again at the same meeting, the presiding officer should rule the motion out of order. order
NOTE: A special class of motions, rescind and reconsider are restorative motions, and may be used to bring a motion back before a group and allow the group to change or reconsider the question.
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Basic Rules of Parliamentary Procedure

9. The Majority j y Rules
The minority has the right to be heard and to take part in debate; however, once a decision has been reached by a majority vote of the members present, the minority must respectfully abide by the decision. A majority vote decides the question, unless a greater majority is required under another rule.

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Basic Rules of Parliamentary Procedure

10. Silence means Consent
Members who abstain (chose to not vote) actually agree to go along with the decision of the majority by their silence. A majority means the the majority of members voting; abstentions do not count in the total vote count.

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Duties of the Presiding Officer

Be on time and start the meeting on time (if a quorum is present) Be organized (well-prepared agenda) Be prepared (familiar with procedural rules, bylaws, customs of the group) Be a mentor (explain procedures and motions; keep the group focused) Be in control of the floor (maintain order) Be impartial, calm, and objective Be precise (restate the motion before the vote and announce the result of the vote) Be courteous (firmly, yet quietly maintaining control)
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Principles of Decision-Making
The basic principle of decision-making in a deliberative y (y (your city y council) ) is that, , to become the act or choice assembly of the body, a proposition/motion must be:
1.

made in a properly called meeting; 2. made in a meeting at which time the necessary minimum number of members, known as a quorum, is present; and 3. adopted by a majority vote; that is, direct approval must be registered by more than half of the members present and voting on the particular matter - this means more than half of the votes were cast by persons legally entitled to vote, excluding absentees and abstentions

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If you are ever in a meeting and cant remember the parliamentary rule that applies, ask yourself the following three questions:

What is the fairest thing g to do in this situation? Be sure to consider what is fairest to all. What is the most logical answer to this problem? Roberts is a very logical system, so the most logical answer is probably the correct one. What is the most efficient way of doing this? If you can get there in two steps, dont take three!
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Making a Motion
A motion, , or a formal p proposal p that certain action be taken, , is the means by which all business is introduced. Business is introduced by a main motion using the following steps:
Obtaining the Floor:
Step 1: Addressing the mayor/chair. When no one else has the floor, floor a member may rise, rise raise a hand, hand or stand at a microphone and await recognition. Step 2: Assigning the floor/Being recognized by the chair (The mayor recognizes the council member)

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Making a Motion
Handling the Motion: There are three steps by which a motion is brought before the group: Step 1: Making the motion. A member makes the motion (I move that..) Step 2: Second the motion. Another member seconds the motion, opening the topic for discussion Step 3: The mayor/chair states the motion and asks if there is any discussion NOTE: The motion as stated by the presiding officer is the motion that will be voted on; if the motion is restated differently by the presiding officer, the originator of the motion must be recognized and correctly state the motion.
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Considering the Motion

Step 1: Members debate the motion. The mayor allows debate with the originator of the motion speaking first in debate, debate. The originator of the motion may not speak against his/her own motion; however, he/she may vote against or withdraw the motion. Debate continues, alternating pros and cons to the issue, as each member is recognized by the presiding officer. NOTE: Members speak through the presiding officer, addressing the mayor/chair and confining their remarks to the motion under discussion.
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Considering the Motion

Step 2: When the debate appears to be finished, the mayor puts t the th motion ti t to a vote. t The Th mayor restates t t the th question/motion, reading the motion as it was made (I have a motion and a second to...), then taking the vote (All in favor of the motion, say aye, Those opposed, say nay) Step 3: Announcing the result of the vote. The mayor announces the results of the vote, vote for example, example The The ayes have it, and the motion carries; or The nays have it, and the motion fails (or is lost).

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No Second, No Debate!
To second a motion is to agree g that the motion is worthy of discussion and consideration. Dont want to consider it? Dont say a word! Motion is not considered for lack of a second. (Note: Some privileged and incidental motions do not require a second.)

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Considering the Motion

The mayor should always ask for negative votes even if the vote appears to be unanimously y affirmative. A question (motion) is pending when it has been stated by the mayor but has not yet been voted on. The last motion stated by the mayor is the first motion pending. The main motion is always voted on last, after amending or subsidiary motions ti have h been b resolved. l d According to RONR, the mayors wording of a motion when it is put to the vote is the definitive version to be included in the minutes.

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Handling Motions
There are four basic principles affecting the handling of motions: 1. Only one main motion can be pending at a time. 2. The same or substantially the same question cannot be considered twice during the same session. 3. If a main motion has been temporarily disposed of, the same or substantially the same question cannot be introduced again while it is still under the control of the council. 4. Once a motion has been adopted, the same question cannot be renewed unless the motion is rescinded or reconsidered. The conditions under which the motion to reconsider or rescinded would be appropriate are very limited.

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Descriptions of Motions
Five categories of motions: Main (brings business before the assembly) Subsidiary (aids in treating or disposing of a main motion) Privileged (does not relate to main motion but relates directly to the members or organization) Incidental (relates to matters that are incidental to the conduct of the meeting rather than directly to the main motion) Motions that bring a question again before the assembly.

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Main Motions
Main motions allow the g group p to spend p money, y, approve pp contracts and projects, etc. A main motion is introduced by the words I move that or I move to.

Main motions:

Cannot interrupt a member who has the floor; Require a second, second unless the motion is from a committee (without a second, the motion dies for lack of a second); Can be debated; Can be amended; and Require a majority vote
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Subsidiary (Secondary) Motions

Subsidiary or secondary motions assist the assembly in treating or disposing of a main motion, are always applied to another motion while it is pending, can be applied to any main motion; and fit into the order of precedence. Secondary motions are made while a main motion is on the floor but before it has been voted on. A secondary motion can be applied to any main motions and is introduced by the words I move. Secondary motions are classified as subsidiary, privileged, or incidental motions. Subsidiary motions may change words, send the main motion to a committee, delay the motion, etc. Subsidiary motions have rank; the motion holding the lower rank yields to the motion with higher rank. For instance, a subsidiary motion to postpone outranks a subsidiary motion to commit. The vote is first taken regarding postponement; if the motion to postpone carries, the main motion and the subsidiary motion to commit are postponed until the next meeting.

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Special Types of Motions

Special types of motions bring a question again before the assembly for example: assembly, * * Take from the table - a motion to bring back a tabled motion; this motion requires a second Reconsider - used to ask for a new vote on a motion; this motion is in order when another motion is pending or may also be made when a motion is not pending Rescind, repeal, annul - something previously adopted
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*
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Amending a Main Motion

A motion to modify y the wording g and within certain limits the meaning of a pending motion before the pending motion itself is acted upon. RONR Characteristics of Amendments Forms of Amendments Amendment Pitfalls
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Characteristics of Amendments:

Can be applied to any motion having a variable factor Is not in order when another has the floor Debatable when the main motion is debatable Majority vote at all times, even when main motion requires 2/3 vote Cannot stand by itself Only motion that may be applied to itself (Primary and Secondary) A member may amend their own motion Chair may be requested or assist in wording of an amendment A members vote on the amendment does not obligate their vote on the main i motion i Rejection of motion to amend leaves pending the motion as originally proposed The adoption of the amendment does not adopt the main motion

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Forms of Amendments:

Insert ( (add) ) a word, , consecutive words or paragraph Strike out a word, consecutive words or paragraph Strike out and insert a combination of the above Substitute (but must be germane)
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Amendment Pitfalls

an amendment is presented when another member has the floor (lack of courtesy) debate is not confined to pending amendment a question has already been decided and the motion is being used to change a previous motion or action the amendment is not germane/relevant to the main motion or primary amendment

the amendment is equivalent i l t to t a rejection j ti of f the main motion new business is introduced under the pretext of being an amendment the amendment has the effect of changing one parliamentary motion into another

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Debate
Roberts says y that debate is the discussion regarding a motion that occurs after the presiding officer has restated the motion and d before b f putting tti it to t a vote.

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Rights in Debate

A member can speak no more than twice on the same question on the same day. No member can speak a second time on an item so long as another is requesting recognition to speak p for a first time on the same item. Each speech must be limited to ten minutes

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Rights in Debate (cont)

The maker of a motion has the right to be the first to speak on it. All remarks must be limited to the merits of the subject immediately before the assembly. All remarks must be addressed to and through the Chair

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Rights in Debate (cont)

Personal remarks should be avoided and motives of members must not be questioned; the item, not the person, is the subject of debate. Members are seldom referred to by names; officers are referred to by their titles.

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Rights in Debate (cont)

Members should be seated when another member is assigned the floor and during any interruption by the presiding officer. A member may y not speak against his own motion; however, he may vote against it.

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Whats Debatable?

Every main motion The following subsidiary motions: Postpone Indefinitely (fully debatable) Amend (limited to merits of amendment) Commit or Refer (limited to wisdom of referring) Postpone to a Certain Time (limited to time to which the motion will be postponed)
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Whats Debatable? (cont.)

Incidental motions Appeal Request to be Excused from a Duty Rescind/Amend Something Previously Adopted p Discharge a Committee Reconsider (a debatable motion)
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Whats Not Debatable

The following g subsidiary y motions: Limit or Extend Limits of Debate Previous Question Lay on the Table All privileged motions Incidental motions with the exception of Appeal and Request to be Excused from a Duty
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Whats Not Debatable (cont.)

Motions that bring gaq question again g before the assembly: -Take From the Table -Reconsider (an undebatable motion) Nominations

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Commonly Misused Motions

Lay y on the Table ( (To Table) ) Postpone Indefinitely Postpone to a Certain Time Previous Question

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Parliamentary procedure allows for numerous methods of voting on a motion. Remember, TOMA rules!

Here are the words to use for each of the voting methods: General or unanimous consent: If j ( y use when there is no objection.(only item is of little importance and there is no opposition to the motion)
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Voting methods
Voice Vote: All those in favor, say Aye. [pause] All those opposed, d say No. N (If the th chair h i is i in i doubt d bt of f the th results lt of f a voice vote, the chair should state The chair is in doubt, and therefore a rising (or counted) vote will be taken. Then proceed with a rising or counted vote. Show of hands vote: All those is favor of the motion, please raise your hand. [pause] Please lower your hands. Those opposed to the motion, motion please raise your hand. hand [pause] Please lower your hands. Rising vote: Those in favor of the motion, please stand. [pause] Please be seated. Those opposed to the motion, please stand. [pause] Please be seated.
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Voting methods
Rising counted vote: Those in favor fa or of the motion, please stand and remain standing until counted. [pause] Please be seated. Those opposed to the motion, please stand and remain standing until counted. [pause] Please be seated. Roll call vote: The secretary will now call the roll.

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Voting methods
With ADA: A voting card has replaced the
rising i i vote, as standing/sitting di / i i can be b physically difficult for some.
Parliamentary Procedure allows for voting by secret ballot and by proxy in certain circumstances.

Neither method is allowed under TOMA.

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Voting methods

The voting g method used must be p public and votes registered in a way that the public can determine how each councilmember voted. The presiding officer does not need to call for abstentions. When a member does not vote yes or no, he/she has abstained.

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Voting methods
Majority vote is more than half of the votes cast. If a vote ends in a tie, the vote fails. Two thirds vote simply means that there Two-thirds were at least twice as many votes in favor of the motion as there were against the motion.
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A two-thirds vote of:

1 is i 1 2 is 2 3 is 2 4 is 3 5 is 4 6 is 4 7 is 5 8 is 6 9 is 6 10 is 7
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11 is i 8 12 is 8 13 is 9 14 is 10 15 is 10 16 is 11 17 is 12 18 is 12 19 is 13 20 is 14

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Fundamental Rules of Precedence for Motions

There are fundamental rules controlling g the p precedence ( (rank, , place, order, or importance) of motions:

Except for the subsidiary motions to amend and the previous question, main motions are outranked by subsidiary motions, and subsidiary motions are outranked by privileged motions. Motions are disposed of in the reverse order in which they were made.

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The Ups and Downs of Parliamentary Procedure

How To Use the Ladder of Motions a.k.a. The Precedence of Motions Precedence of Motions is a list of specific motions that indicate the priority of motions. When a motion on the list is pending, any motion above it is in order and any motion below it is out of order.
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The precedence of motions, with the pending motions in bold. You work your way out of the sequence of pending motions by stepping down the ladder, voting on each immediately pending motion as you go.
1. 2 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.
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Fix time to which to adjourn Adjourn Recess Raise a question of privilege Call for orders of the day Lay on the table Previous question Limit/extend limits of debate Postpone to a certain time Commit or refer Secondary amendment Primary amendment Postpone indefinitely Main motion
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The parliamentarian does not make rulings. He/she is an advisor and makes no decisions. The parliamentarian may give an interpretation of a rule, an opinion on a rule, or cite a rule, but never rules.

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Key Rules to Remember

Make sure everyone y has the right g to speak; p ; Make sure everyones opinion is met with an atmosphere of respect for their right to hold and promote that opinion; Make sure that meeting participants are all focused on the same decision and that they are not confused about which issue is being decided.
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Parliamentary Procedure
Can be a valuable tool for Councils to use in conducting city business in a timely, orderly, democratic manner. It has often has been described as an application pp of the Golden Rule with common sense and courtesy.

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