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Changes in the 11 th Edition Parliamentarians Association of British Columbia 29 October 20ll

9:00 AM Begin 10:15 BREAK 10:30 Resume 11:30 LUNCH 12:30 PM Resume 2:00 BREAK 2:15 Resume 4:00 PM ADJOURN. Changes in the 11 th Edition Parliamentarians Association of British Columbia 29 October 20ll. Parliamentarians Association of British Columbia

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Changes in the 11 th Edition Parliamentarians Association of British Columbia 29 October 20ll

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  1. 9:00 AM Begin • 10:15 BREAK • 10:30 Resume • 11:30 LUNCH • 12:30 PM Resume • 2:00 BREAK • 2:15 Resume • 4:00 PM ADJOURN Changes in the 11thEditionParliamentarians Association of British Columbia 29 October 20ll

  2. Parliamentarians Association of British Columbia • Burke (Thomas) J. Balch, PRP 29 October 2011 Robert’s Rules of Order Newly Revised, 11th ed. Changes in the 11th Edition

  3. Preliminaries

  4. This Eleventh Edition supersedes all previous editions and is intended automatically to become the parliamentary authority in organizations whose bylaws prescribe “Robert’s Rules of Order,” “Robert’s Rules of Order Revised,” “Robert’s Rules of Order Newly Revised,” or “the current edition of” any of these titles, or the like, without specifying a particular edition. If the bylaws specifically identify one of the nine previous editions of the work as parliamentary authority, the bylaws should be amended to prescribe “the current edition of ‘Robert’s Rules of Order Newly Revised’” (see p. 588).

  5. New historical account in Introduction, pp. xxx–xxxi • Authorship of LexParliamentaria (George Petyt or George Philips), p. xxxiii • Brief biographical information regarding Henry M. Robert’s father (Dr. Joseph Thomas Robert) and namesake (Henry Martyn), p. xl Introduction Shmuel Gerber, PRP September 26, 2011

  6. Additional details of the 1863 meeting in New Bedford chaired by HMR • Development of 11th edition in Introduction • Additional possible adverse consequences of attempts to require unanimity, page l (Roman numeral fifty) • [Preface is also new, as is the case for each edition] Introduction Shmuel Gerber, PRP September 26, 2011

  7. Artwork for Chart I redone to distinguish shading and thickness of lines • Footnote numbers in Table II corrected • Table VI, Motions Which Require a Two-Thirds Vote, significantly expanded • Table VIII – completely new Back Matter Shmuel Gerber, PRP September 26, 2011

  8. Artwork for Chart I redone to distinguish shading and thickness of lines • Footnote numbers in Table II corrected • Table VI, Motions Which Require a Two-Thirds Vote, significantly expanded • Table VIII – completely new Back Matter Shmuel Gerber, PRP September 26, 2011

  9. Shorter sub-entries • More sub-entries; two column instead of one column • In sub-entries, most important word brought forward for alphabetization • Read detailed explanatory note at beginning (p. 671) Index

  10. Electronic meetings

  11. Adds a Subsection on Electronic Meetings Giving Guidance on Additional Rules the Assembly May Need • Eliminates Provision for Committees to Work by Mail • Provides that Email Notices May Be Sent to Members Who Consent Electronic Meetings Daniel Seabold, PRP, Ph.D. September 26, 2011

  12. Electronic Meetings, 10th Edition • “simultaneous aural communication” central to deliberation • Videoconference or teleconference permitted when • authorized by the bylaws and • regulated by appropriate custom rules • E-mail and fax are not suitable Daniel E. Seabold, Ph.D, PRP September 26, 2011

  13. Extension of Parliamentary Law to Electronic Meetings (p. 97) Business must be transacted face-to-face unless the bylaws provide otherwise Defines electronic meetings: meetings at which, rather than all participating members being physically present in one room or area as in traditional (or “face-to-face”) meetings, some or all of them communicate with the others through electronic means such as the Internet or by telephone Daniel E. Seabold, Ph.D, PRP September 26, 2011

  14. Extension of Parliamentary Law to Electronic Meetings (Cont.) To be a deliberative assembly, electronic meetings must provide for “simultaneous aural communication” If electronic meetings are held, it is advisable to adopt additional rules Daniel E. Seabold, Ph.D, PRP September 26, 2011

  15. Types of Electronic Meetings (p. 98) Bylaws may provide for videoconference, in which case all members must be able to see each other Additional collaborative technology (e.g. voting or sharing documents over the Internet) Daniel E. Seabold, Ph.D, PRP September 26, 2011

  16. Electronic Meetings in Committees (p. 98) For a committee to hold an electronic meeting requires: a bylaw provision, if the committee is established in the bylaws a standing rule or motion, if the committee is not established in the bylaws Daniel E. Seabold, Ph.D, PRP September 26, 2011

  17. Additional Rules for the Conduct of Meetings (p. 98-99) • Bylaw provision should say • whether members have the right to participate electronically • whether members have the right to participate in person • Notice must say • how to participate in the meeting (for example, telephone number) Daniel E. Seabold, Ph.D, PRP September 26, 2011

  18. Additional Rules (Cont., p.99) • Various additional rules may address: • Equipment needed, who will provide it, contingencies • Method to determine presence of quorum • When member may raise P.O. regarding quorum and when quorum is presumed • Methods for seeking recognition and obtaining floor • Means for submitting a motion in writing • Methods for taking and verifying votes Daniel E. Seabold, Ph.D, PRP September 26, 2011

  19. Additional Rules (Cont., p. 99) • May be advisable to adopt a provision to prevent non-members from participating These additional rules may be adopted as • special rules of order • standing rules • bylaw provisions • instructions to a committee as appropriate. Daniel E. Seabold, Ph.D, PRP September 26, 2011

  20. Provision That a Committee May Work by Correspondence Eliminated “If a committee is appointed from different sections of the country with the expectation that its work will be done by correspondence, its report can contain only what is agreed to by a majority of its members.” [RONR (10th ed.), p. 485, l. 35-p. 486, l. 3] In place of that sentence is a note to see the section on Electronic Meetings. Daniel E. Seabold, Ph.D, PRP September 26, 2011

  21. Notices by E-mail Notice can be sent “by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice.” (p. 89, ll. 16-22) Daniel E. Seabold, Ph.D, PRP September 26, 2011

  22. Questions and answers

  23. Some Fundamentals

  24. In 10th edition, distinguishing characteristics included, “The group is of such size—usually any number of persons more than about a dozen– that a degree of formality is necessary in its proceedings.” Boards were distinguished as having “no minimum size.” • 10th Ed., p. 1, ll. 15-17; p. 8, l. 24 • Omitted in 11th Edition. Definition of Deliberative Assembly

  25. 10th ed.: “more than half of the members present and voting on the particular matter, in a regular or properly called meeting at which the necessary minimum number of members, known as a quorum, is present” (10th ed., p. 4, ll. 9–13) • 11th ed.: “more than half of the members present and voting on the particular matter, in a regular or properly called meeting of the body” (11th ed., p. 4, ll. 7–9) • [Same for 2/3 vote] Definition of Majority Vote Shmuel Gerber, PRP September 26, 2011

  26. precedent

  27. The chair’s ruling and the reasons (rationale) given included in the minutes serve as a precedent for future reference by the chair and the assembly, unless overturned on appeal. If overturned on appeal, a contrary precedent may likewise be created. Such precedents are persuasive (but not binding) in resolving similar issues that arise in the future. RONR (11th ed.), pp. 251-252 New Provisions on Precedent Wm. J. Puette, CP, PRP & Karen Watson, RP Oct. 2011

  28. “The weight given to precedent increases with the number of times the same or similar rulings have been repeated and with the length of time during which the assembly has consistently adhered to them.” RONR (11th ed.), pp. 252, ll. 6-9 New Provisions on Precedent

  29. Later ruling of chair • Decision of assembly in Appeal in similar situation • “Alternatively, [the assembly may] alter the rule or policy on which the unsatisfactory precedent was based.” • RONR (11th ed.), pp. 252, ll. 10-17 How to Overturn Precedents

  30. Really Important Rules The 10th edition established the connection between rules: That May Not Be Suspended and Whose Violation Causes Continuing Breach (so that a Point of Order may be raised at any time during continuance of the breach) Daniel Seabold, PRP, Ph.D. September 26, 2011 rev. Thomas Balch 10/29/11

  31. Among These Rules Are: Fundamental Principles of Parliamentary Law Rules Protecting Absentees Rules Protecting a Basic Right of an Individual Member Daniel Seabold, PRP, Ph.D. September 26, 2011

  32. One Person, One Vote The 11th edition recognizes a new FPPL: “It is a fundamental principle of parliamentary law that each person who is a member of a deliberative assembly is entitled to one—and only one—vote on a question.” (p. 407, ll. 1-4) Daniel Seabold, PRP, Ph.D. September 26, 2011

  33. One Person, One Vote The 11th edition provides that: “It is a fundamental principle of parliamentary law that each person who is a member of a deliberative assembly is entitled to one—and only one—vote on a question.” (p. 407, ll. 1-4) “This is true even if a person is elected or appointed to more than one position, each of which would entitle the holder to a vote. For example, in a convention, a person selected as delegate by more than one constituent body may cast only one vote.” (p. 407, ll. 4-8) Daniel Seabold, PRP, Ph.D. September 26, 2011 rev. Thomas Balch 10/29/11

  34. One Person, One Vote The 11th edition provides that: “It is a fundamental principle of parliamentary law that each person who is a member of a deliberative assembly is entitled to one—and only one—vote on a question.” (p. 407, ll. 1-4) This right may not be transferred from one member to another. Daniel Seabold, PRP, Ph.D. September 26, 2011

  35. Cumulative Voting When voting to fill a board or committee, cumulative voting allows members to cast one vote per position; these votes may all be cast for one candidate, or split among several candidates This method violates the FPPL that a member is entitled to one—and only one—vote on a question. (p. 444, ll. 2-7) Daniel Seabold, PRP, Ph.D. September 26, 2011

  36. Members’ Basic Rights The 11th edition refines the definition of membership acknowledges “concomitant” rights such as the right to make nominations or to give previous notice explains that individual members may be deprived of basic rights only through disciplinary proceedings (p. 3, ll. 1-9) Daniel Seabold, PRP, Ph.D. September 26, 2011

  37. 10th Ed. 11th Ed. “[Same until] the right to attend meetings, to make motions, to speak in debate, and to vote. No member can be individually deprived of these basic rights of membership– or of any basic rights concomitant to them, such as the right to make nominations or to give previous notice of a motion– except through disciplinary proceedings.” P. 3, ll. 1-9 • “A member of an assembly . . . is a person having the right to full participation in its proceedings– that is, . . . the right to make motions, to speak in debate on them, and to vote.” P. 3, ll. 8-12 Member Definition

  38. Member’s right to examine records clarified to apply specifically not only to minutes but also to include written reports of boards and committees, bylaws, special rules of order, and standing rules. • Right to examine minutes specifically includes minutes of executive session. • 11th ed., pp. 460, ll. 13-15 & p. 459, ll. 13-16 Member Examine Records

  39. 11th edition adds a definition of the term “member in good standing”: “*Members in good standing are those whose rights as members of the assembly are not under suspension as a consequence of disciplinary proceedings or by operation of some specific provision in the bylaws.” RONR (11th ed.), p. 6n Member in Good Standing Wm. J. Puette, CP, PRP & Karen Watson, RP Oct. 2011

  40. Basic Rights (Cont.) The 11th Edition no longer treats a “rule requiring officers to be elected by (secret) ballot” as a rule protecting a basic right of an individual member; such a rule still may not be suspended (p. 251, ll. 20-24) Daniel Seabold, PRP, Ph.D. September 26, 2011

  41. Violation of Basic Right to Vote The 11th edition provides that: if members are denied the right to vote and it is possible their votes could have changed the outcome then the vote is null and void. (p. 252, ll. 19-27) A point of order may be made at any time. Daniel Seabold, PRP, Ph.D. September 26, 2011

  42. Rules Protecting Absentees The 11th edition provides a rationale for prohibition against suspending rules protecting absentees: “Rules protecting absentees cannot be suspended, even by unanimous consent or an actual unanimous vote, because the absentees do not consent to such suspension.” (p. 263, ll. 29-31) Daniel Seabold, PRP, Ph.D. September 26, 2011

  43. Rules Protecting Absentees (cont.) The 11th edition provides that such rules cannot be suspended when any member is absent* recognizes that the rule restricting business transacted at a special meeting to that mentioned in the call protects absentees (p. 263, l. 29-p. 264, l. 5) *A body that lacks the authority to determine its own quorum may not suspend the quorum requirement Daniel Seabold, PRP, Ph.D. September 26, 2011

  44. Special Rules Of Order vs.Parliamentary Authority Part 1: General framework Shmuel Gerber, PRP September 26, 2011

  45. #22: Clarifies that special rules of order do not supersede rules in a parliamentary authority prescribed in the bylaws that the authority states can be altered only by a provision in the bylaws [16n, 580]. • Example: “If [a rule that a plurality vote shall elect] is to apply to the election of officers, it must be prescribed in the bylaws.” [11th ed., p. 405, ll. 4–6] Special Rules and P.A. Shmuel Gerber, PRP September 26, 2011

  46. “Special rules of order supersede any rules in the parliamentary authority with which they may conflict.”[*] §2: 10th ed., p. 15, ll. 31–33 §2: 11th ed., p. 16, ll. 1–2 • *“However, when the parliamentary authority is prescribed in the bylaws, and that authority states that a certain rule can be altered only by a provision in the bylaws, no special rule of order can supersede that rule.” §2: 11th ed., p. 16n Special Rules and P.A. Shmuel Gerber, PRP September 26, 2011

  47. “ ‘The rules contained in the current edition of . . . [specifying a standard manual of parliamentary practice, such as this book] shall govern the Society in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Society may adopt.’ ” §56: 11th ed., p. 580, ll. 9–14 Bylaws Provision Adopting P.A. Shmuel Gerber, PRP September 26, 2011

  48. “It should be noted that the bylaw language recommended above [for the adoption of a parliamentary authority] does not authorize the adoption of a special rule of order that would supersede a rule that the parliamentary authority states can be altered only by a provision in the bylaws.” §56: 11th ed., p. 580, ll. 16–20 Special Rules and P.A. Shmuel Gerber, PRP September 26, 2011

  49. Basic Hierarchy of Procedural Rules (through P.A.] Shmuel Gerber, PRP September 26, 2011 rev. Thomas Balch 10/28/11

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