A Presentation on Parliamentary Procedure For The Virginia Municipal Clerks Association 36 th Annual Institute & A

1. A Presentation onParliamentary Procedure For The Virginia Municipal Clerks Association 36th Annual Institute & Academy October 9, 2013 Virginia Beach, Virginia

2. The Basics of Parliamentary Law Parliamentary Procedure Presented by Raymond H. (Ray) Duke, PRP-R President, Virginia State Association of Parliamentarians October 9, 2013

4. WHAT IS PARLIAMENTARY PROCEDURE?It is a set of rules for the orderly conduct of business at meetings that allows everyone to be heard and to make decisions without confusion. The most common association with parliamentary procedure is Robert’s Rules of Order Newly Revised (RONR) What’s In The Bylaws? What are Bylaws?

5. 10 REASONS TO USE PARLIAMENTARY PROCEDURE Help an organization achieve its purpose. Provide equal treatment for all. Expedite business and save time. Shorter meetings. Maintain Order. Universal rules from one organization to another. Protect the right of the majority to decide. Protect the right of the minority to be heard. Protect the rights of individual members (to make motions, to debate, and to vote.) Protect the rights of absentees.

6. RIGHTS OF MEMBERS • Attend meetings • Make motions • Debate • Vote • Nominate • Hold office

7. Attend Meetings • Be prompt so the meeting can start on time • Pay attention; don’t talk to your neighbor • Sit near the front or near a microphone when you have a report to make

8. RULES OF AN ORGANIZATION Every society is free to adopt any rules which do not conflict with: Federal, State, or Local Laws Rules or Bylaws of a Parent Body NOTE: “must not conflict with” DOES NOT mean “must conform with.” Corporate Charter Legal instrument which should be prepared by an attorney incorporating the society under the laws of a particular state. The corporate charter supersedes all other rules and cannot be suspended by the society unless the charter so provided. Bylaws Defines the primary characteristic of a society, prescribes how the society functions and includes all rules so important that they cannot be suspended or changed without previous notice to the members and a two-thirds vote.

9. RULES OF AN ORGANIZATION (CONTINUED) SpecialRules of Order Adopted as needed to supplement or modify rules contained in the parliamentary authority adopted by the society. These rules supersede any rules in the parliamentary authority with which the may conflict. Previous notice and a two-thirds vote is required for adoption or amendment. Special rules of order may be suspended by a two-thirds vote for the duration of a session. Rules of Order (Parliamentary Authority) Robert’s Rules of Order Newly Revised (RONR) Standing Rules Except in conventions, standing rules establish administrative and operational rules of a society rather than parliamentary procedure and may be adopted without previous notice by a majority vote; they remain in effect until rescinded or amended, and may be suspended by a majority vote for the duration of a session.

10. FORMAL VERSUS INFORMAL PROCEDURE Procedure in Small Boards

11. FORMAL VERSUS INFORMAL PROCEDURE Procedure in Small Boards

12. Regarding the other rules, legal limitations or governing documents of a public body may determine whether the presiding officer, if a member of the board/commission, may speak in debate, make motions, or vote. Limitless debate may result in meetings that are lengthy and unproductive. Therefore, every small board or public entity should decide how it wants to operate and adopt the special rules of order that will govern its proceedings.

13. PUBLIC BUSINESS Sunshine Law or Open Meetings Act A Sunshine Law or Open Meetings Act requires the public’s business to be conducted by public bodies in public view~in the sunshine! These laws establish regulations such as required notice of meetings, public testimony, what business may be conducted in closed or in camera (executive) session, requirements and timelines for minutes, and penalties for violation of the act. Freedom of Information Act FOIA. or, the Freedom of Information Act, regulates and sets requirements for disclosure of public records by public bodies. These acts define a public body, determine what types of public records are open to or exempt from disclosure, set standards for availability of public records, may allow fees to be charged, and establish penalties for violation of the act. Conflict of Interest, Ethics, and Incompatible Public Offices A conflict of interest is any interest competing with, or adverse to, the public official’s primary duty of loyalty to the public interest. These statutes vary widely but might prohibit contracts by or with public officials where there would be a conflict of interest, prescribe standards of conduct for public officers, and identify incompatible offices and prohibit holding those offices simultaneously.

14. BASIC PRINCIPLES • The organization is paramount compared to the individual. • The individual member must acquiesce to the decision of the assembly. • All members are equal. • No member has two votes while others have only one. There is no preference in recognition due to the fact that a member holds an office or committee chairmanship. • A quorum must be present to legally transact business. • A quorum is defined as the number of members entitled to vote that must be present to legally transact business. In governmental units, the quorum requirements are usually established by statute. In many cases, this number is a majority of the members. • Only one main proposal at a time may be under consideration. • Many secondary motions can be made to handle that main idea (such as amending it, postponing it, etc.) but the assembly is still only dealing with one main idea. • Only one member can have the floor at a time. • The chair or presiding officer has the responsibility to assign the rights of the floor, i.e., the exclusive right to speak.

15. BASIC PRINCIPLES • Debate is allowed on all motions unless the rules don’t allow debate. • One of the basic rights of membership is the right to speak in debate. This right cannot be usurped unless the motion is undebatable in compliance with adopted parliamentary rules. • The issue, not the person, is always what is under consideration. • Debate should be confined to the merits of the pending question. It should not matter who suggested the action, but unfortunately that frequently influences decisions. • A question, once decided, cannot come back before the assembly in the same session in the same form. • For example, in the same meeting a motion to fund a purchase and a motion not to fund the same purchase cannot be considered independently. • A majority vote decides, unless a greater percentage is required. • Most motions are adopted by a majority vote; however, if membership rights are involved, it is usual for a two-thirds vote requirement. • Silence gives consent. • Those who are silent or abstain from voting are, in effect, agreeing to whatever decision is made by those who do vote. In governmental bodies; however, statutes or local laws may prohibit abstaining altogether or allow it only within certain parameters.

16. TYPES OF MEETINGS Regular Meeting Government assemblies usually establish an annual schedule for their regular meetings. Often a statute, such as a Sunshine Law, requires that the schedule be posted in the public building where the meetings are held or that the schedule be posted in a local newspaper. Some states may allow posting of this information on the unit’s web site. Special Meeting A special (or called) meeting is held at a different time from the regular meetings of the public body. There must be established rules regarding who may call the meeting. Again, there will most likely be requirements for notice to members and the public. Annual Meeting In some public bodies there is a requirement that certain business be transacted annually. The rules may require annual reports of officers, approval of the subsequent year’s budget, acceptance of the auditor’s report, and other similar items for that meeting. Adjourned Meeting (or Continued Meeting) An adjourned meeting is a continuation of a regular or special meeting and is established by the motion to fix the time to which to adjourn, which sets the time, place, and date for the adjourned meeting. Care must be taken to ensure that proper notice is provided under the appropriate state statute.

17. TYPES OF MEETINGS Executive Session An executive session is a closed or in camera meeting. It is closed to the general public. Only members and invited guests may attend. The limitations for business allowed in a closed session can usually be found in the state Sunshine or Open Meetings Law. Separate minutes are prepared, approved, and preserved, again in accordance with the Sunshine or Open Meetings Law. Public Hearing The purpose of a public hearing is to receive input from the public on a single item of business. Subjects of public hearings might include the imposition of a tax or fee, the adoption of an ordinance, or construction of a public improvement. The public hearing may be a stand-alone meeting or it may be held before, during, or after a regular or special meeting. No final action is taken at the public hearing; it is designed to offer citizens an opportunity to express their opinion about an issue before the public body makes a decision. Work Session A work session (sometimes called a study session) is the most informal of the various types of meetings held by a public body. The meeting usually loosely follows an agenda, but its purpose is to provide an opportunity for in-depth review and analysis of complex issues prior to their consideration in a regular or special meeting. Final action on items of business is not permitted.

18. MEETING PREPARATION Standard Order of Business Minutes Reports of Officers, Boards, and Standing Committees Special Committee Reports Special Orders Unfinished business and General Orders New business Information/Action Agenda • 1. Information Items (Correspondence, committee reports, updates, etc.) • Action Items (Minutes, ordinances, committee reports, or other items requiring action) • 3. New Business. Consent Agenda (Consent Calendar) Used when the public body handles a large number of items of routine business. It is a great tool for disposing of non-controversial business that requires no debate. It allows adoption of a series of unrelated motions with a single vote. All of these calendar items may be accepted by consent, unless even a single member requests that a particular matter be acted on separately or the member objects to the item’s inclusion on the consent agenda. Imperative that the agenda is distributed and available to all members and public attending. A special rule of order establishes the consent agenda and addresses the following questions: Who determines items to be included? What kinds of business items can be included? Where do the items appear on the agenda? How is the vote taken and recorded in the minutes?

19. STEPS IN HANDLING A MOTION Member makes a motion beginning, “I Move.” The phrases “I want to,” “I’d like to,” “Maybe we ought to,” “I motion,” or “So moved” do not introduce business. Second Member making the “second” does not have to be recognized by the Chair. Making of a “second” does not necessarily mean that the seconder agrees with the motion, only that it will be allowed to be considered so that a decision will be made. Name of seconder is not listed in the minutes. State the Motion When the Chair states: “It is moved and seconded that….” the motion is placed before the assembly. Lengthy or complex motions should be placed in writing. Some communities have adopted the Ten Word Rule. If a motion is more than ten words long, it must be in writing. Debate During debate, members can make secondary motions (such as amend, postpone, etc.) Take the Vote Motions should always be phrased in the affirmative so that when voting, yes means yes, and no means no. Announce the Result of the Vote Which side has it. Declare the motion adopted or lost. Statement indicating the effect of the vote. • If a motion is handled correctly, members should hear a motion four (4) times: • When it is made. • 2. When it is stated by the Chair. • 3. Just before the Vote. • 4. In the announcement of the result of the vote.

20. MOTIONS, MOTIONS, MOTIONS What is it you want to do? Before considering the specific motions, it is important to understand the different classes of motions of which there are five as follows: 1. Main Motion Introduces a substantive question as a new subject for possible action. Can only be made when no other business is pending and there can only be one main motion at a time. Secondary Motions Motions which can be made and considered while a main motion is pending and must be acted upon or disposed of before consideration of the main motion can be continued. 2. Subsidiary Motions Motions that assist in treating or disposing of a main motion. They are always applied to another pending motion. Each is in order while a main motion is pending. These motions rank above the main motion and below privileged motions. 3. Privileged Motions A class of motions that are related to special matters of immediate and overriding importance which, without debate, are allowed to interrupt the consideration of anything else. 4. Incidental Motions Motions that arise out of another motion that is or has just been pending and must be disposed of before the original pending motion is acted upon. The motions in this class deal with questions or procedure arising out of other matters. They are mostly undebatable. They have no rank in order of precedence. 5. Motions that bring a question again before the assembly (bring back motions) Permit an assembly to reopen a completed question during the same session, or to take up one that has been temporarily disposed of, or to change something previously adopted and still in force.

21. MOTIONS, MOTIONS, MOTIONS Precedence (or Rank) Only one main motion may be pending at a time, but the other classes of motions may be introduced as appropriate while the main motion is pending. It is therefore important to understand the concept of precedence or rank as it relates to motions. This summary of motions is excerpted from Robert’s Rules of Order Newly Revised, 11th Edition. It will not tell you everything you need to know. Learning the rules will come with a little study and some experience. Keep in mind that motions have rules: some are debatable, others are not debatable, some require or do not require a second; motions are amendable/not amendable, some require no vote/majority vote/two-thirds vote, some may interrupt/others cannot, some have rank/others do not. MOTIONS TO DISPOSE OF A MAIN MOTION Once a main motion is made, seconded, and stated by the chair, it must adopted, defeated or otherwise disposed of. This group of motions provides the means for disposing of a main motion~that is taking it off the floor so that other business may proceed. There are 13 ranking motions with the main motion having the lowest rank and it does not take precedence over anything. When you want to: KILL A MOTION When you find it desirable to kill an embarrassing main motion without voting on it directly, use the motion Postpone Indefinitely. GET MORE INFORMATION A pending question may be sent to a small group (or committee) for investigation and/or to put a motion into a better condition before the assembly considers it.The motion to Commit or Refer may specify which committee or may even define the committee. May also give instructions to the committee. PUT OFF THE MAIN MOTION Sometimes for valid reasons, a pending main motion might be considered later in the same meeting or even at another meeting on another day. The motion to Postpone to a Certain Time or Date postpones further consideration and final action until the time specified in the motion. It does not kill the motion.

22. MOTIONS, MOTIONS, MOTIONS PUT ASIDE TEMPORARILY If something urgent must be handled before a pending main motion can be disposed of, the correct motion to use is Lay on the Table. The rules specify no set time for taking up the motion again. The motion put on the table comes back for consideration by the motion Take From The Table, or dies if not taken from the table within a specified time. WANT TO WITHDRAW A MOTION YOU MAKE How the Request for Permission to Withdraw or Modify a Motion is handled depends on when the request is made. Before the Chair states the motion, the maker says, “I withdraw my motion” or makes an amendment. No permission is needed. After the Chair states the motion a majority vote is required to permit withdrawal or modification. Requests can be made anytime after the Chair states the question, but before the final vote is taken. MOTIONS WHICH CONTROL OR APPLY TO DEBATE CHANGE RULES OF DEBATE The motion Limit/Extend Limits of Debate is the method to use if you want to cut down (or increase) the number of speeches or the length of speeches for each member. It applies to the main motion under consideration. CLOSE DEBATE/STOP AMENDMENTS When debate becomes repetitious, when amendments get out of hand, or when it is desirable to move on and immediately vote on one or more pending questions, move Previous Question. If adopted, the vote is taken on the pending or on all pending motions depending on what the motion for Previous Question specified. WANT TO READ FROM A MAGAZINE OR BOOK AS PART OF DEBATE It is not in order to read from any paper or book as part of a member’s speech in debate without the permission of the assembly. In order to do so, a member must Request to Read Papers.

23. MOTIONS, MOTIONS, MOTIONS MOTIONS WHICH CONTROL THE HANDLING OF A MOTION MAKE A MAIN MOTION BETTER A main motion may need limitations or specifics to make it acceptable. You can even change the meaning of a main motion with a motion to Amend. A vote is taken on each motion to amend. The main motion is voted on its amended version. Also called perfecting the motion. BREAK A LONG MOTION INTO PARTS A long main motion may be better handled by considering it as two or more separate motions. The motion Division of a Question can be moved to divide a long main motion, and when moved, it should specify how the long motion is to be divided. DISCUSS/AMEND ONE PART AT A TIME One way to handle a long resolution, report, or bylaw revision is to discuss or amend each paragraph or section one at a time; the vote for adoption of the whole is taken by one vote at the end. The motion to accomplish this is Consideration by Paragraph or Seriatim. IN DOUBT ABOUT A VOTE If a voice vote seems inconclusive or if you doubt the result announced by the Chair on a voice vote, you can demand a rising vote. The call for a Division of the Assembly is a demand for a rising, not a counted, vote. It requires only the “demand” of a single member. ABOUT VOTING AND POLLS As a member you have the right to make motions which deal with voting, ballots, and the polls in an election or in voting on a motion. As a member, you may move to close or reopen the polls, to destroy the ballots, or make a motion on how long the ballots be kept. Frequently, the Motions Related to Voting are handled by unanimous consent.

24. MOTIONS, MOTIONS, MOTIONS MOTIONS WHICH CONTROL THE ORDER OF BUSINESS OR THE MEETING AGENDA FORCE CONFORMITY TO AGENDA When the adopted program or order of business is not being followed you should Call for the Orders of the Day. This device calls the Chair’s attention to that fact. No vote is required and the Chair should immediately take up the correct business. SET UP AN ADJOURNED MEETING There are times when all the business cannot be handled in the current meeting and a continuation of the same session is necessary. The meeting set to continue the business of this meeting is NOT a special meeting, but an adjourned meeting. To set up such a meeting (time and place), you use the motion Fix the Time to Which to Adjourn. The adoption of this motion does not adjourn the meeting; it says that when we adjourn, we adjourn to meet again at (place) on (day/time). TAKE A BREAK Even when business is pending, you can move to Recess. A recess is a short intermission in the business proceedings for a s pecified time and does not close the meeting. The interrupted business is resumed after the recess. CLOSE THE MEETING If the object is to close a meeting immediately, the proper motion is Adjourn. It may be made when business is pending. A meeting may be closed without a motion to adjourn; the chair may use unanimous consent when it appears the business of this particular meeting is completed.

25. MOTIONS, MOTIONS, MOTIONS MOTIONS THAT BRING A QUESTION AGAIN BEFORE THE ASSEMBLY This class of motions, by their adoption or introduction, place a question again before the assembly which had been disposed of permanently or temporarily. These motions allow an assembly for good reason to reopen a completed question during the same session, or to take up one that has been temporarily disposed of, or to change something previously adopted and still in force. BRING UP A MOTION ON THE TABLE When it is desired to resume consideration of a motion which is lying on the table, you can move to Take from the Table. A motion may be taken from the table at the same session (meeting) at which it was laid on the table or before the adjournment of the next regular meeting. CANCEL OR REPEAL A PRIOR ACTION If you want to strike out, change, cancel or countermand a previous action or order adopted any time in the past, the correct motion is Rescind. There are no time limits for making the motion to rescind but there are certain limitations, e.g., if the action or order has been carried out and cannot be undone. CHANGE/NOT CANCEL A PRIOR ACTION If you want to amend a standing rule, amend the bylaws, change the date of an event adopted at some previous meeting, you move to Amend Something Previously Adopted. This motion may apply to any motion adopted in the past; like Rescind, there are some limitations. FIRE A COMMITTEE A committee may fail to carry out its duties or an assembly may want to return the matter in the hands of the committee back to the assembly. In either of these cases, the motion to use is Discharge a Committee. If adopted, the original matter is again before the assembly for further consideration. REVERSE A VOTE/OR CHANGE ADOPTED MOTION If it is desired to consider again a motion already voted on in a meeting, you must have voted on the prevailing side and must move to Reconsider the vote on the previously adopted motion. The purpose is to permit correction of an erroneous action or to take into account new information. If the motion to reconsider is made and seconded, the action to which it applies is suspended. Some special circumstances apply here.

26. MOTIONS, MOTIONS, MOTIONS REVERSE A VOTE/POSTPONE UNTIL NEXT MEETING If, as in Reconsider you want to consider a motion again, but not until the next regular meeting, you move to Reconsider and Enter on the Minutes. This is a special form of Reconsider whose purpose is to prevent a temporary majority from adopting a motion when there might not be a good representation present. This motion, with a second, prevents any carrying out of the motion adopted earlier in the meeting, until the next regular meeting, when the motion to Reconsider will be called up and considered. MOTIONS PROTECTING THE ASSEMBLY POINT OUT RULES VIOLATIONS If you think a rule of the assembly is being violated or if an error in procedure occurs, call attention of the Chair to the problem with Point of Order. The point of order must be made immediately at the time the infraction occurs. The Chair must rule at once if the Point of Order is well taken or not well taken. DISAGREE WITH CHAIR’S RULING When you disagree with any ruling by the Chair, including on a Point of Order, move to Appeal from the decision of the chair. This requires a second and forces the decision on the rules violation to be made by the members. An appeal must be made immediately after the Chair’s ruling. TEMPORARILY CHANGE RULES If you feel something needs to be done and it is not in accordance with the regular rules or procedure, you can move to Suspend the Rules. Note, however, that bylaws cannot be suspended unless a provision for suspending is in the bylaws. REQUESTS AND INQUIRIES When you want to obtain information or you want something done which requires the permission of the assembly, there are several prodedures/motions under Request and Inquiries. Some may be answered by the Chair, some may require a motion. URGENT PRIVILEGE You can interrupt pending business to make a request affecting the rights or privilege of the assembly. For example, the temperature in the room may be too hot or cold, the speaker(s) cannot be heard. Raise a Question of Privilege is a device and requires no vote. A motion may be permitted as a result of the interruption-e.g. a motion to go into executive session-otherwise the Chair directs the problem to be corrected or answers the question raised.

27. MOTIONS, MOTIONS, MOTIONS HAVE A PROCEDURE OR RULE QUESTION The device to use if you want to ask the Chair a question about procedures or rules is Parliamentary Inquiry. Example: “Would a motion to amend be in order at this time?” NEED INFORMATION RELATED TO OR ABOUT PENDING MOTION Any information that you want relative to a pending motion should be asked of the Chair using Request for Information. “How much in total was donated last year?” “When was this policy first adopted?” WANT TO RESIGN If you want to submit a resignation from membership or from an office, or from any other obligation assigned to you, you must Request to be Excused from a Duty. A motion and majority vote or unanimous consent is required. MISCELLANEOUS OTHER MOTIONS Some of the motions in this group are variations of motions covered in one of the previous categories. They are listed in order that you know that they exist as possibilities. Adopt an agenda or program; Create a blank by striking out; Change or depart from an adopted agenda; Take up a matter out of its proper order; Fix a time for taking effect; Motion to approve the minutes; Correct minutes before adoption; Dispense with reading of the minutes; Motions relating to nominations; and Call a member to order. SUMMARY The characteristics of each motion, explanation of its usage and application, exceptions, forms and examples~i.e., everything there is to know~is listed in individual sections 10 through 37 of Robert’s Rules of Order Newly Revised, 11th edition. Table II of the tinted pages lists the summary of rules relating to all of the motions referenced in the preceding categories. Table III gives the sample forms used in making all of the motions. “The fastest way to achieve leadership is to acquire knowledge of parliamentary procedure.” Floyd M. Riddick, United States Senate, Parliamentarian 1964-1974

28. QUESTIONS? THANK YOU !!