HomeMy WebLinkAbout1999 06 07 Other
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PARLIAMENTARY
PROCEDURE BASICS
FOR
GOVERNMENTAL
BODIES
THIRD ADDITION
~6BNDA
ASSOOIA GJ:"M
4610 Foreland place
Orlando, Florida 32812
~ Copyright 1998
RandiSutphin, PRP
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Contents
Acknowledgments 111
Foreword IV
Preface V
Procedure 1
Understanding the Principles 2
Writing Rules of Procedure 4
Classes of Motions 6
Voting 9
Motions and Their Uses 10
Chart I - Ranking Motions 20
Chart II-Motions 21
The Meeting 22
Decorum of Debate 19
Presiding 23
~utes 27
Reports 28
Appendix A - Rilles: Form and Example 32
Appendix B - Parliamentary Terms 50
Appendix C - Court Cases 55
Bibliography and Suggested Reading 60
About the Author 61
Index 62
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Acknowledgments
My thanks and gratitude are extended to Carl Ann Stickeler,PRP for her
comments on the original text and for her encouragement to make this book
available. My special thanks to Carrie-Mae Blount, PRP, President and Nola
Pursiful,PRP, Second Vice-President of the National Association of
Parliamentarians for their assistance. I also thank my friend Susan W.
Gibson, Attorney at Law-Mediator for her help with the court case
smnmaries in this book. A special thanks to Attorney Harry Stewart. Thanks
to all the judges, attorneys and governmental bodies who helped shape my
view of procedure and confirm my belief that a democracy wherein we are
free to engage in fair debate, where the will of the majority is carried out and
the rights of the minority are protected, is the greatest form of government
on earth. Lastly, I thank the technical support within Agenda Associates.
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FOREWORD
This book is an outgrowth of my experience in trying to help city and county
, governmental groups in their attempts to provide hannonious and fair procedure for
their conduct in dealing with the public and each other. Cries for help have come
from elected and appointed officials who can't understand why their meetings end
in confusion and from their attorneys who are tired of having to defend, in the
courts, suits brought about because of ignorance of procedure or the use of
improper procedure. I hope it meets your need for a simple, clear statement of
some basic principles of parliamentary law.
This book is written to be a guide for governmental bodies. Every governmental
body has the right to regulate its own procedure, but it is subject to the provisions
of the constitution, the statutes of their state, and city or county charters. When a
governmental body adopts rules governing some of their procedure, none of these
adopted rules can conflict with law or with any public policy.
REMEMBER:
Statutory law that controls the procedure of governmental bodies is
different in various states, counties, and cities. It is, therefore,
necessary to confirm that adopted rules, even those in this book, are
consistent with the local, state and national laws.
There are general parliamentary principles that are common to all governmental
bodies. I have tried to cover most of these common rules in this book.
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PREFACE
I have attended many governmental meetings of boards and committees and have
found the members anxious to do their job well. Sometimes ignorance of correct
procedure can cause a needless problem.
A problems that seems prevalent in governmental bodies is that matters are not
always addressed through the chair. This contributes to breakdowns in decorum.
No meeting can run smoothly if everyone tries to run the meeting,
A second common problem occurs with the frequent use of motions to defer or
refer back a motion. A member will make such "a suggestion" and it will be
assmned that the action is so ordered without any other person on the board
agreeing. When a referral is needed, a vote must be taken or the chair must ask if
there are any objections.
I also believe there are occasions when public participants or observers do not
understand the motion that is before the governmental body nor do they know if
the motion passed or failed. It is the responsibility of the chair to always make the
body aware of the motion before them. Often motions are too long to repeat
completely, but the gist of what it contains needs to be expressed. The motion
should be a positive motion and not a negative motion. The result of the final vote
needs to be stated by the chairman.
Many times in boards or committees, the members or/and the Public will stray off
of the subject or agenda. When this happens valuable time is lost for the matter
that is on the floor. One. of the main duties of a presiding officer is to lead that
meeting by carefully listening and watching so this does not occur. A member may
remind the chair if this occurs and it is not recognized by the chair.
Parliamentary Procedure is actually the rules of Democracy in action. To be the
best, elected officials find that the better the procedure, the better the
representation.
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PROCEDURE
A good definition of parliamentary law could be taken from a line in the preamble to the
Declaration ofIndependence, "a decent respect to the opinions of mankind. " Parliamentary Law
is just that. When correctly used parliamentary procedure will assist legislative, governmental or
deliberative assemblies in doing business in a decent, respectful and fair way.
All governmental boards and legislative bodies have a duty to the people to observe correct
parliamentary procedure. When these bodies make a decision, that decision can affect the very
lives of people .
MOST PEOPLE ARE INCLINED TO ACCEPT A DECISION MADE IF THEY FEEL
THE PROCESS HAS BEEN HANDLED FAIRLY.
Parliamentary procedure is used as a servant.
Parliamentary procedure must NEVER be used to "play games" or hinder, but rather to help in
reaching the truth as a majority of the members see it.
In parliamentary procedure the individual has the following rights:
1. The right to know - due notice; approval of minutes.
2. The right to speak - rules of debate.
3. The right to vote - definition of membership.
4. The right to hold office - fair representation.
IS PARLIAMENTARY LAW REALLY LA W?
Parliamentary law is a part of common law.
Parliamentary law developed precedent by precedent as decisions were made in
legislative bodies and in courts. The law has been evolving upon the basis of
court decisions.
Parliamentary law is a system of principles, not a group of haphazard rules. It
was developed over a long period of time. All meetings of a governmental board
must use proper procedure.
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CAN WE BECOME "BOGGED DOWN" IN PARLIAMENTARY PROCEDURE?
There is no such thing as being bogged down by parliamentary procedure. Only in the ignorance
of parliamentary procedure can we become bogged down. Livy stated that "we fear things in
proportion to our ignorance of them. " Many people fear parliamentary procedure because of
their ignorance in parliamentary procedure. Once a person learns the principles of parliamentary
procedure and certain rules, it becomes common sense and is easier to use.
TO BE A SUCCESSFUL LEADER IN ELECTED OR APPOINTED POSITIONS, A
PERSON MUST BE KNOWLEDGEABLE ON THE BEST AND MOST EFFECTIVE
WAY TO HANDLE THE PUBLIC'S BUSINESS.
No one is truly effective when they have reached the boundaries of their knowledge.
Any person, organization, or governmental body receives the "proper respect" from others to the
degree that they respect themselves. If proper respect for the procedure at meetings is
demonstrated by the members, it shows not only respect for the individual, but respect for those
persons who elected them and for those they represent.
UNDERSTANDING THE PRINCIPLES
In understanding parliamentary law it is important to understand the principles. All organizations
and public bodies have some rules they must adopt and rules that are set for them by a higher
governmental body. These rules will be used whenever the body meets or makes a decision. If
the body does not follow its own rules or the rules set by the higher governmental body, then the
decisions that are made may be rendered null and void.
A quorum must be present. A quorum ofa governmental body or board is often set by
statute. If it is not determined by a higher rule, then the common law that a quorum consists of a
majority of the members of the body is used. The quorum does not change if there is a vacancy or
a disqualified member. If at any time in a meeting a quorum is not present, the chair or some
member should immediately call attention to the fact that there is no quorum. No official business
can be conducted if a quorum is not present. This matter must be resolved before further business
is handled. Those members and only those members who are present are counted in the quorum
even though they may abstain from voting.
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The issues that the body considers must be presented so that a question is
brought before the members. This question, more often called the motion must be clear so
that the members understand what is expected of them should this motion pass.
In many situations, a governmental board or committee may hear from the public or from other
resources prior to debating an issue. For this reason, a matter comes before the members before a
motion is made. During such times the members are advised to confine their remarks to questions
for information rather than debate. It is important to remember that when a motion is made for
the councilor board to discuss, it is for the board or councils discussion only. The public may not
interfere or interrupt their elected officials.
There must be opportunity to discuss (debate) the question. Remember that the
issue (motion) is under discussion and not a person or personality.
A vote must be taken. A motion is decided, with few exceptions, by a majority vote. In
governmental bodies an ordinance, or enactment, or a nonprocedural motion may not require
more than a majority vote. The vote may be by voice, roll call, or show of hands.
Rules must not conflict. Any matter that is decided by the members must not conflict with
any existing rules or any rules of a higher governmental body.
Finality of a motion. If a motion on a subject has been decided, it may not be presented
again at the same meeting except by the motion to reconsider the vote taken on the subject.
There are some motions that may not be reconsidered.
Parliamentary Procedure will:
1. Speed up your business - the rules are set to be fair, but also to keep the meeting
running smoothly and quickly.
2, Maintain order - only one member may have the floor at a time, only one member
make speak at a time, and only one order of business may be on the floor at a time.
3. Insure justice and equality - all members are equal.
4. Accomplish the purpose - why you are there - why you were formed, why you were
elected.
Most conflicts within a group arise when a matter is resolved through disregard of
members rights.
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The Basic Fundamentals are:
1. Courtesy to all.
2. One item at a time.
3. Majority rule. *
4. Respect for the rights of the minority.
5. Partiality for none.
6. Protection of the absentee.
* Majority vote indicates that the whole board or committee can do on{v that which a
majority of the members are willing to do. When a body votes as a majority on an issue,
in essence it is saying that this is the best answer they have for resolving this issue at this
time.
When a body meets to discuss an issue, new insights and ideas are discovered. It is not necessary
for everyone to agree all of the time, There is a maxim that states: If! have a dollar and you have
a dollar and we each give to the other person our dollar, then we each still have one dollar.
However, if! have an idea and you have an idea and I give you my idea and you give me your
idea, then we now each have two ideas. This type of discussion makes for a healthy governmental
body.
Summing up:
1. The membership of the body, i.e., the board of county commission, city commission,
committees, agency, etc" is paramount. Its wishes supersede those of any individual or
small group of individuals.
2. All members are equal. All members have the same rights, i.e to introduce business, to
participate in deliberation and to vote.
3. A quorum must be present in order to transact business legally.
4. Only one main topic may be before the body at a time and only one person may have the
floor at a time.
5. AN ISSUE IS THE ITEM UNDER DISCUSSION, never the person or persons who
introduced it. Personal remarks are ALWAYS out of order.
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6. A majority vote decides a question except in cases where basic rights of members are
involved. A two-thirds vote is necessary for any procedural motion that takes away the
rights of a member.
7. Silence gives consent. Any person who does not speak when an issue is presented and
votes for it, or does not vote, gives hislher permission. In many governmental bodies,
laws require that a member must vote unless there is a conflict of interest. When a
conflict of interest occurs the procedure is set by local or state statues.
There are some persons who see established procedure as parliamentary nonsense. There have
been occasions where the unskilled were tempted to push for quick fixes or fast solutions to
achieve an objective in a meeting by ignoring fair procedure. These errors must be corrected.
The lasting existence of a Democratic society depends upon acceptance of the principles of
parliamentary procedure, grounded in respect for the individual or group of individuals. Without
parliamentary law, absolute power replaces individual rights and this power becomes unrestrained
power. Regard for the law is weakened and our system of self government is lost.
WRITING RULES OF PROCEDURE
All governmental bodies must adopt a set of procedural rules by which to operate.
Such rules can be simple, involving only frequently used motions, or it may be more detailed. The
rules are written to fit the governmental body just as clothing fits a person. Procedural rules are
used to make the process stable and predictable and to reduce, and more often completely
eliminate, disputes as to whether or not the procedure is correct. In addition to procedural rules
which a body may adopt for itself, there are rules of procedure contained in some charters and
state statutes. These rules supersede rules contained in the parliamentary authority when there is
a conflict. It is important, when writing procedural rules that you check to be sure that these rules
do not conflict with a higher set of rules such as local ordinances or the state statutes.
Governmental bodies adopt, along with their procedural rules or supplemental statutory
procedures, a parliamentary authority. This parliamentary authority governs the procedure of the
body in all situations not otherwise provided for by law or by the adopted rules of the body.
Appendix A provides a suggested format and some thoughts for writing rules. Appendix A also
includes a sample set of rules for a fictitious governmental body.
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CLASSES OF MOTIONS
The classification of motions is a way of grouping motions for a particular purpose. The main
motion, the subsidiary motions, and the privileged motions are used in a definite order of
precedence, which gives a rank to each of these motions. The main motion is the lowest ranking
motion. The motion to "fix a time to which to adjourn" is the highest ranking motion. Incidental
motions have no precedence among themselves, but as a group take precedence over subsidiary
motions and yield to privileged motions. Motions that bring a question again before the body are
placed in a separate category and do not have rank and order but are usually made when no other
business is pending before the body.
When a motion is under consideration, motions of a higher precedence are in order, but motions
having a lower precedence are not.
Chart I on page 20 and Chart II on page 21 present information to help in the understanding of
motions, their rank and precedence and other useful information regarding each motion.
THERE ARE FIVE CLASSES OF MOTIONS
1) MAIN MOTION
All business in a meeting is accomplished by placing a main motion on the floor. There can
only be one main motion in the assembly at a time, and that motion must be disposed of
permanently or temporarily before another main motion can be before the members. The
main motion is the lowest ranking motion.
2) SUBSIDIARY MOTIONS
Subsidiary motions assist the members in treating or disposing of a main motion and
sometimes other motions. These motions have rank and order, the higher motion on the
chart taking precedence over the lower.
3) PRIVILEGED MOTIONS
These five motions deal with the rights and privileges of the members. They have the highest
rank with not only each other but all other motions. They are always in order and do not
directly affect the main motion.
4) INCIDENTAL MOTIONS
Many motions are incidental to the business at hand and are in order depending upon their
necessity at the time. They do not have any rank in relation to each other.
5) MOTIONS THAT BRING BACK A QUESTION AGAIN BEFORE THE
BODY
These motions enable the body, 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.
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PUTTING THE MAIN MOTION ON THE FLOOR
Members make motions. A motion can be made in response to a recommendation from staff, or a
recommendation from a committee or from a member's own desire. A motion has to be put on
the floor by the presiding officer. When a main motion is adopted, it becomes the officially
recorded statement of an action taken by the governmental body.
Steps used in making a motion:
1. In a large governmental body member rises and addresses the chair; In a small
governmental body or committee remain seated, but still address the chair.
2. Chair recognizes member
3. Member makes a motion. . . "I move that. . ."
4. Second by another member, if a second is required. . .
5. Chair states the motion. . . "It is moved that. . ."
6. Chair asks for discussion. . . "Is there any discussion?" During the discussion would be the
time for amending, referring to committee, postponing, etc.
7. Chair takes the vote. . ."As many as are in favor say Aye. . . those opposed say No" or
show of hands or roll call vote.
8. The chair announces the results of the vote. "The ayes have it and the motion is carried"
or "The noes have it and the motion is lost." With show of hands or roll call vote; "There
were _ voting in the affirmative and_voting in opposition. . . the motion is carried or
lost."
A motion is officially before the body when it is stated by the chair. A motion is not
before the body nor available for consideration until it has been stated by the presiding
officer. When a motion has been finally stated, and debate has begun, it is too late for the
motion to be corrected at the will of the author and it may be corrected only by
amendments adopted by the body, unless it is a minor grammar or style correction that
does not change the meaning.
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SECONDS TO MOTIONS
The purpose of a second is to show that more than one person wishes to, or is willing to, discuss
the question. It does not always imply that the person seconding the motion agrees with the
motion.
NO SECONDS REQUIRED IN GOVERNMENTAL BODIES
Unless rules adopted by a governmental body require a second, unlike volunteer
organizations, governmental bodies do not need seconds to motions, resolutions,
or ordinances and cannot be ruled as out of order for lack of a second.
Mason's Manual states the following:
"Whenever a member submits a motion which is in order, the motion should be
stated by the presiding officer, without waiting for a second. "
"An even stronger reason for abandoning seconds is that they are not in accord
with the present-day view of the rights and dignity of the individual. It is contrary
to the theory of equality among the members. Parliamentary action is based on
majority rule where each member should have one vote of equal weight. All
members should have equal, individual, independent rights to propose to the
assembly what they think it should consider."
"A motion should not be suppressed because it is not seconded; neither should one
be put to vote hastily without opportunity for debate." Mason's Manual Of
Legislative Procedure, pages 110-111.
Note: The above statements refer to main motions, i.e., ordinances,
recommendations, proposals, and other such matters and not to procedural
motions.
It is still the practice in many governmental bodies, based on adopted rules or
adopted parliamentary authority, to require seconds to motions.
A governmental body must remember that in adopting rules for their use, care
must be given so that each elected member may serve the people and not be
hindered.
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DILATORY MOTIONS
A parliamentary motion, when improperly used for the purpose of delaying or obstructing
business, is a dilatory motion. If there are no provisions protecting the body from a dilatory
motion, a minority could constantly make motions that are not in order and could stop business.
A body has a right to protect itself from dilatory motions. Whenever the chair feels that a member
is using parliamentary tactics to obstruct business, the presiding officer should first call the
motions out of order and then, if the member's tactics continue, not recognize the member.
VOTING
Any decision made by a governmental body must be made by taking a vote at a meeting. The fact
that members have individually expressed opinions on a question in a meeting is not a decision of
the body and is of no effect. This does not preclude the vote taking by "no objection." If a
motion that is understood to be non-controversial is made, the chair may ask if there are any
objections. If no objection is made the chair may declare that the motion has passed.
A vote that calls for those in favor to say "aye" and those opposed "like sign" in a voice vote is
not only out of order in procedure but also confusing. In order for the public, the clerk, and all
members to be assured that the commissioner is voting in the negative, it is important that "no" be
used. A person may not vote "aye" when his/her vote is in the negative.
An abstention is not considered a vote. If a member has a conflict of interest in the motion that is
on the floor, the member may abstain in the manner prescribed in the statutes of that state. An
abstention is never counted and the Chair should never call for abstentions when calling for a
vote. If members present desire to defeat a measure they must vote against it; not voting will not
accomplish their purpose. Not voting says that the member will go along with the majority vote.
When it is desired or in order, a roll call vote may be used. Each member votes when their name
is called by the clerk. The clerk then records the name of each member and how they voted in the
minutes.
A tie vote shall cause the motion to be defeated. In an appeal from the decision of the Chair a
tie vote sustains the chairman.
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MOTIONS AND THEIR USES
1. MAIN MOTION: A main motion is made to put business officially before the members. A
person making a main motion must be recognized by the presiding officer. The motion needs a
second if seconds are used. The motion is debatable, amendable, takes a majority vote to pass
and may be reconsidered.
SUBSIDIARY MOTIONS
Subsidiary motions have rank and order and are listed below from the lowest to the highest.
2. POSTPONE INDEFINITELY is a motion that is used so that the body can decline to take a
position on the main question. It is the lowest of the subsidiary motions. Its adoption'kills
the main motion for the duration of the session and avoids a direct vote on a motion. A
person making this motion must be recognized by the chair, The motion needs a second, is
debatable, not amendable, takes a majority vote, and the affirmative vote may be
reconsidered.
It is this parliamentarian's opinion that the motion to postpone indefinitely should rarely be
used in governmental rules. A governmental body should ultimately always decide yes or no
on a matter.
3. AMEND is a motion to change the wording, and within certain limits the meaning of a
pending motion before the pending motion itself is acted upon. Amend is the most widely
used of the subsidiary motions. When an amendment is adopted, it does not adopt the main
motion that has been amended. An amendment simply states "shall this amendment become
part of the main motion?1I Rejection of an amendment leaves the pending motion as it was
before the amendment was moved.
An amendment cannot introduce an independent question. But an amendment can be hostile
to, or even defeat, the spirit of the original motion and still be germane. Robert's Rules Of
Order Newly Revised, Page 127-164
If an amendment is simply and all of the members agree, the amendment can be adopted by
general consent so that the formal process would not be necessary.
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An amendment may:
1. Insert or add words, insert a paragraph or add a paragraph..
2. Strike out words or strike out a paragraph.
3. Strike out and insert (which applies to words) or to substitute.
To substitute is, in effect, to strike out a paragraph, or the entire text of a
resolution or motion, and insert another.
There may be a primary and a secondary amendment. The primary amendment must be germane
to the main motion and the secondary amendment must be germane to the primary amendment. A
person making an amendment must be recognized. The motion needs a second, it is debatable,
amendable, takes a majority vote and may be reconsidered.
Examples of improper amendments are:
. One that is not germane.
. One that would make the adoption of the amended motion equivalent to a rejection of the
motion. Thus, if you moved that "we approve," it could not be amended to say that we
"not" approve because that could be accomplished by simply voting against the motion.
. One that would strike out such words as "Resolved" or another enacting word.
. One that is frivolous or absurd.
. One that would leave incoherent wording or a wording containing no rational proposition.
Sample script for a primary amendment and secondary amendment to a main motion.
The City Council is deciding on writing letters to the State congresswomen and congressman
regarding a very important matter:
Council Member# 1 :
Mr Mayor," I move that the City Council send letters to
Congresswomen Stone, Barnard, Beall and Congressman
Sumner regarding. . ."
Council Member#2:
"Second"
Mayor:
"It is moved and seconded to send letters to . . .(repeat motion.)
Is there discussion?"
DISCUSSION HAS ENSUED
Council Member#3:
Mr. Mayor, "I move to amend the motion by striking out Stone and
Beall."
Council Member:
"Second"
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Mayor:
Council Member #5:
Council Member
Mayor:
Mayor:
Mayor:
Mayor:
Mayor:
Mayor:
It is moved and seconded to amend by striking out Stone and Beall
If the amendment is adopted, the motion will read that the Council
write letters to Congresswoman Barnard and Congressman
Sumner.
DISCUSSION HAS ENSUED
Mr. Mayor, I move to amend the primary amendment by striking
Stone.
Second
It is moved and seconded to amend the primary amendment by
striking Stone. If the secondary amendment is adopted, the
primary amendment would be to strike Beall.
DISCUSSION HAS ENSUED
The vote will be on the Secondary amendment to strike Stone.
As many as are in favor of striking Stone from the primary
amendment say aye......Those opposed, say no. The ayes have
it and Stone has been struck from the primary amendment.
The question is now on the primary amendment to strike out
Beall from the main motion.
DISCUSSION HAS ENSUED
As many as are in favor of striking Beall from the main motion, say
aye...Those opposed say no. The ayes have it and the amendment
is adopted.
The question is on the adoption of the motion as amended. If
passed it will read, that a letter be sent to Congresswomen Stone
and Barnard and Congressman Sumner.
DISCUSSION HAS ENSUED
As many as are in favor of the motion that a letter be sent to
Congresswomen Stone and Barnard and Congressman Sumner say
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aye...opposed say no." "The motion as amended is adopted and a
letter will be sent to Congresswomen Stone and Barnard and
Congressman Sumner regarding. . ."
Mayor:
"The next business in order is. . ."
4. REFER is a motion the body may use to send a pending motion to a committee, staff or
another agency so that the issue may be carefully investigated and put into better condition for
the entire body to consider. A time certain may be included in the motion or it may be open-
ended.
A person making a motion to refer back to a committee, agency or staff must be recognized by
the chair. The motion needs a second, it is debatable only as to whether or not, or to whom it
shall be referred, and with what instructions. It is amendable, it requires a majority vote, and
may be reconsidered. If the motion fails, the pending motion shall be the motion on the floor
prior to the motion to refer.
5. POSTPONE TO A TIME CERTAIN (OR DEFINITELY) is a motion to postpone the
pending question to a more convenient day or hour, or until a certain event has occurred.
This motion can be used when discussion has shown that a final decision should be made at a
later time or date. The postponed item is placed on the agenda for the time or meeting to
which it is postponed. Do not confuse postpone definitely with postpone indefinitely.
A person making the motion to postpone must be recognized by the chair. The motion needs
a second, is debatable as to the reason to postpone, amendable as to the time to which a main
motion is to be postponed, and as to making the proposed question a special order. It
requires a majority vote unless it makes the postponed item a special order, in which case, a
two-thirds vote is required and it may be reconsidered.
It is important to note that the governmental board acts in its official capacity as a unit and if a
matter is asked to be postponed it is done by a majority vote of the governmental body and
not by a member acting independently. All action taken by the body must reflect the action of
the body as a whole and not an individual person.
6. LIM1T OR EXTEND LIMITS OF DEBATE is used when the body feels that a set time for
discussion of a motion should be limited as to time for the motion as a whole or to an
individual's time given. A member may move to "limit" discussion (debate). This time limit
would be used after the public hearing portion of the meeting. This motion requires a member
to be recognized, it needs a second, there may be no discussion (debate). Common sense tells
us that you would not debate limiting debate. It is amendable, it requires a 2/3 vote and it
may be reconsidered, without debate, at any time the motion is in effect. A governmental
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body that has open public hearings or allows the public to speak before the members should
have a rule that states the amount of time a person may speak and rules pertaining to the
members allowable time or time that will be given to that particular issue..
7. PREVIOUS QUESTION (CALL THE QUESTION) is the motion used to close debate and
bring the body to an immediate vote on one or more pending motions. The motion to "call
the question" is used when it is clear that further discussion is unnecessary following a public
hearing. A second is required and no discussion is allowed. One would not discuss closing
discussion. To make this motion, a person must be recognized by the chair. A person may
not simply shout "question." The motion needs a second, it is not amendable and it requires a
2/3 vote to pass. Once the vote is taken on the previous question (closing debate) then a vote
shall be taken on the motion before the body. The motion to close debate is the second
highest motion of the subsidiary motions. It is also one of the most abused motions. The
abuse occurs when the chair stops discussion when one person simply calls out question. To
call the question (end debate) is a matter the whole body decides. A body must not allow one
person to tell them they can no longer discuss the matter.
8. LAY ON THE TABLE is a motion to lay the pending motion aside temporarily when
something else of immediate urgency has arisen. This motion is commonly misused in
assemblies and in governmental bodies in place of the motion to postpone to a certain time.
By adopting the motion to table, a majority has the power to halt consideration of a question
immediately without debate. Such action violates the rights of the minority and individual
members if it is for any other purpose than an emergency. It is OUT OF ORDER IF THE
INTENT IS TO KILL OR AVOID DEALING WITH A MEASURE. There may be no time
set for laying on the table; as for example, a member could not move to table until a certain
time. It is OUT OF ORDER to lay a pending motion on the table if there is evidently no
other matter urgently requiring immediate attention. The motion is out of order if the intent is
either killing a motion without direct vote or suppressing a question without debate.
It is this parliamentarian's opinion that the motion to lay on the table should rarely be used in
governmental bodies or committees. The motion to postpone to a certain time may be used
or another of the subsidiary motions. The ONLY way a motion once laid on the table can be
brought back is through the motion "take from the table." It may NOT be placed on the
agenda. Because of the nature of the business of governmental boards and committees, it is
necessary to dispose of, in some way, the matters on the agenda that are public. The public
would not know when it would be taken from the table and public notice would not have been
given. In matters that do not require a public hearing, the motion that was tabled would still
not be placed on the agenda. Note that governmental bodies may bring up issues without
prior notice unless substantial rights are affected.
The motion to table is the highest ranking motion of the subsidiary motions. Since it is used
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in an emergency, it is not debatable, not amendable, it only takes a majority vote, and it may
not be reconsidered.
PRIVILEGED MOTIONS
9. CALL FOR THE ORDERS OF THE DAY is a motion used when the agenda, program, or
order of business has strayed off the main objective. It is a way of saying "let's get back to
business." The particular problem of discussing a matter that is not germane to the subject at
hand is a problem for all governmental bodies. A person must not be allowed to take the time
of the members by going off the subject. Sometimes a presiding officer will not realize that is
happening or does not stop the wandering. When this occurs a member may call for the
Orders of the day, meaning "let's get back to the agenda or matter at hand."
The motion is also used when a general order for that time is not being taken up or when the
time for considering a special order has arrived or passed and it is not being taken up.
It is in order when another has the floor, does not require a second, is not debatable, is not
amendable, and upon a call by a single member the orders of the day (agenda) must be
enforced, except that a two-thirds vote can set the agenda aside temporarily.
10. QUESTION OF PRIVILEGE is a motion that permits a request relating to the rights and
privileges of the body or any of its members. If circumstances occur that impede the member
of the body in attending to the business before them, i.e., too much noise, the microphone is
not working or matters that affect the safety, orderliness, or comfort of the members, or that
affects the honor of an individual member, the member may state to the chair that he/she has a
question of privilege and the matter must be addressed before the pending business of the
body continues. No vote is required unless a motion arises out of the privilege.
11. RECESS is a short intermission in the meeting which does not close the meeting and after
which business will immediately be resumed at exactly the point where it was interrupted. A
recess may be placed on the agenda or asked by the chair when he/she deems it advisable or
by a motion from a member. If the motion is made by a member, a second shall be required, it
is amendable, and a majority vote taken.
12. ADJOURN requires a second, and it is not debatable (no discussion), nor amendable, except
that in a governmental board or committee, the motion shall contain a time to hear any
uncompleted items on the agenda. See the motion below.
13. FIX A TIME TO WHICH TO ADJOURN is often stated "to fix a time for an adjourned
meeting." It does not relate to the time of adjourning the present meeting but sets the time
and place to continue the business of the present meeting.
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MOTIONS THAT REFER A MATTER BACK
RECONSIDER: Ifin the same meeting new information or changed situations make it
appear that a different result might reflect the will of the board or committee, a member may
move to reconsider the vote. It is important to remember that this motion must be made at
the same meeting where the action was taken and may only be reconsidered if there is a valid
reason for reconsideration. A chairman should rule as dilatory any motion for reconsideration
that does not follow these guidelines. A motion to reconsider may be applied to a vote that
was either affirmative or negative and shall propose no specific change in a decision but
simply propose that the motion be reopened for discussion and re-vote. When a motion to
reconsider has passed, the reconsidered motion is on the floor and open for discussion.
Robert's Rules of Order Newly Revised states that a person making the motion to reconsider
must have voted on the prevailing side. However, in writing rules for a governmental body
the rules should contain a statement that the motion to reconsider may be made by any
member regardless of how he/she voted.
RESCIND: A motion to rescind can change the action previously taken or ordered.
Rescind, also known as repeal or annul, is the motion by which a previous action or order can
be canceled or countermanded. The effect of rescind is to strike out part of or an entire main
motion or resolution which has been adopted at some previous time.
Some parliamentary authorities require a two-thirds vote on the motion to rescind if notice to
members has not been given. If adopted rules or parliamentary authority do not specify the
required vote, the motion to rescind requires the same vote that was required to pass the
original motion.
The motion to rescind is not in order under the following circumstances:
. When the motion can be reached by the motion to reconsider.
. When something has been done, as a result of the vote on the main motion, that it is
impossible to undo. The unexecuted part of an order, however, can be rescinded or
amended.
. When the case is in the nature of a contract and the other party has been informed of the
vote.
. When a resignation has been acted upon, or a person has been elected to or expelled from
the membership or office, and the person was present or has been officially notified of the
action.
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TAKE FROM THE TABLE: To take from the table is a motion to make pending again before
the body a motion or a series of adhering motions (amendments etc.) that previously had been laid
on the table. A motion is to be laid on the table only temporarily, with the expectation that its
consideration will be resumed after disposal of an emergency matter. Consequently, as soon as
the business or interrupting matter has been disposed of, any member can seek recognition for the
purpose of moving to take the question from the table. If it is not taken from the table by the end
of next session, the motion dies.
When the motion is taken from the table, it is before the assembly with everything adhering to the
motion. To take from the table requires a second, is not amendable, nor debatable, requires a
majority vote and may not be reconsidered. Robert's Rules Of Order Newly Revised, 1990
edition, page 294-298.
INCIDENTAL MOTIONS
Incidental motions deal with questions of procedure arising out of business. With only a few
exceptions incidental motions are related to the main motion in such a way that they must be
decided immediately before business can proceed. Most incidental motions are undebatable.
INCIDENTAL MOTIONS DO NOT HAVE RANK OR ORDER AS SUBSIDIARY OR
PRIVILEGED MOTIONS.
POINT OF ORDER: When a member thinks that the rules of the assembly are being violated,
he/she can make a point of order, which calls on the chair for a ruling and an enforcement of the
regular rules. It is a right of every member who notices a breach of the rules to insist on their
enforcement. A point of order must be made at the time of the breach. A member may, without
recognition, call point of order. A member may not use the point of order to debate the motion
before the body.
APPEAL FROM THE CHAIR'S DECISION: Whenever a member believes that the chair is
mistaken in his/her ruling, a member may appeal from the chair's decision. It requires a second
and is generally debatable with the chair speaking first, explaining his/her ruling, and the chair may
close the debate by a statement at the end defending the ruling.
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An appeal can be made on a ruling only and cannot be made:
A. In response to a parliamentary inquiry or point of information.
B. In areas that challenge verifiable rulings offactual nature
The vote is taken on sustaining the chair's decision. In this special case a tie vote sustains the
chair because it takes a majority of those voting to overturn the chair's ruling. The principle is
that the chair's decision stands until reversed by a majority.
DIVIDE A MOTION: Ifa motion presented contains two or more parts capable of standing as
separate questions, a member may move to "divide the motion". The motion requires a second,
and is not debatable. It is amendable and it requires a majority vote.
CONSIDER SERIATIM: If a main motion is in the form of a resolution or document
containing several paragraphs or sections which are not separate motions but could be discussed
more efficiently if it is discussed in sections, the motion to discuss "seriatim" (by paragraph or
sections) may be made. A second is required, it's not debatable, is amendable and it requires a
majority vote.
WITHDRA W A MOTION: Once a motion has been made, seconded and stated by the chair it
belongs to the entire body and not the maker of the motion; therefore, if a member wishes to
withdraw a motion that is officially before the body, action of the body must be taken. This may
be done by general consent, i.e., "if there are no objections the motion shall be withdrawn." If
there is objection to it being withdrawn, a second shall be required, it is not debatable and a
majority vote is required.
PARLIAMENTARY INQUIRY AND POINT OF INFORMATION: These are questions
directed to the chair in obtaining information on a matter of parliamentary law or the rules of the
body in regard to the business at hand. It does not require a second, is not debatable, is not
amendable and requires no vote to be taken. The chair is not obliged to answer hypothetical
questions. The chair's reply may not be appealed, since it is an opinion, not a ruling.
SUSPEND THE RULES: When the body desires to take up a question or do something that
would be in violation of a rule that applies, a member can move to suspend the rules to permit the
purpose to be accomplished. IT MUST BE REMEMBERED THAT THE BYLAWS or
CONSTITUTION, LOCAL, STATE OR NATIONAL LAW, OR THE FUNDAMENTAL
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a second, is not debatable, is not amendable, and usually requires a two-thirds vote, and it can not
be reconsidered.
DIVISION OF ASSEMBLY: Whenever a member doubts the result ofa voice vote or a vote
by show of hands he/she may call for a division. This will enable the member to obtain a
conclusive result. Division requires no second or vote because it is a request.
READ A PAPER: If any member objects, a member has no right to read from or to have the
secretary read from any paper or book that is not before the body for a vote. He/she may not
read a paper or book as a part of his speech without permission of the body. This rule protects
the use of reading as a means of prolonging debate as a means of delaying business. It may be
made in the form of a motion, "Mr./ Madam Chairman, I ask permission to read. . .," it would
require a second, it is not debatable, is not amendable and would require a majority vote. Or the
Chair may state, "ifthere are no objections, the member may read. . ."
CLOSE NOMINATIONS: Except for the Democratic or Republican Convention, a
governmental body does not need the motion to close nominations. When nominations have been
made by a committee or from the floor, the chair should inquire whether there are any further
nominations. When there is no response, the chair would declare the nominations closed. The
motion to close nominations would not be in order if a member is seeking the floor to make a
nomination. When no one wishes to make a further nomination, it serves no purpose. If it is
used, it requires a two-thirds vote.
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..
. . .'
.... .. ..................." .
.. ...... .............. ....................... . ..........'......................,......'... .......
~:~.:::.:.j::i.i.::;::::::::I~:i:::i:i:i.~IiNi::i:1inlmI(i1ili:~EiltE:.::.:.:::..:.:ii.i.i.:::ij:jii.::
i::::::::::::...... ::......... .:: .............:.......:;::::::::.:.::::...::...:....:.::::<::::::<:::::.:: .....
Privile ed Motions
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Fix time to which to ad'ourn.
Yes No
Yes
12 To ad.ourn
Yes No
No Ma. No
11 To take a recess
Yes No
Yes Ma. No
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No
No
No
-*--- No
9
Call for orders of the da
No
No
No
-*--- No
S b . .
U sldlary Motions
8 Lav on Table Yes No No Maj No
7 Previous Question Yes No No 2/3 Yes
6 Limit or Extend Limits of Debate Yes No Yes 2/3 Yes
5 Postpone Definitelv Yes Yes Yes Maj Yes
4 Commit or Refer Yes Yes. Yes Maj Yes.
3 Amend Yes Yes Yes Maj Yes
2 Postpone Indefinitely Yes Yes No Maj Yes*
Main Motion
IGJI Main Motion I Yes I Yes I Yes I Maj I Yes II
*Consult Robert's Rules of Order Newly Revised for special rules.
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.................
.. ..-............
....... ......... ................
........ ...............
.. .........s..::;:::::::::::::::;:;::::::::::=::;:::::::::::::::::::::::::::::::::;:::::;:-:::::::::::;: .. ........................;.:.;.;.:.:-:-:.:::;.:
":::)i:::ofiiA(t)/t:t'IH:I"::/fil'ltAfI)I":ijKf:C'U{::i)i\i\:
.. :::::;::::::::::::::::~:~~:~:J:i:::;:::::'.':..:~::::::::J'~:);!:::~~::...::~~:,:~;:::::)::::::::::::;:::::::::::::::::::::::;:;:;
. .. '..... ... ............
....................................
....................................
.........,..................
.......................... .....
.... ..................
...,.........."...." ... ...... ......
..........".........,. .............-.........
...................... ......................
.... .................. ........ ..........
........................,..... .
.. . ..... ............
. , . . . . . . . . . . . . . . . . . . . . . . . .
................,......
....................,..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
... .............
....................
.. ...............
. . . . . . . . . . . . . . . . . . .
........................
. . . . . . . . . . . . . . . . . . . . . . .
....................... .
.. ..................
.................
,.................
.................
.............,....
........,.........
............ .....
....,............
.. ...............
INCIDENTAL MOTIONS
A eal Yes Yes* No Ma.* Yes
Sus end Rules Yes No No 2/3* No
Point of Order No No No No No
Objection to Consideration No No No 2/3* *
Neg
Vote
Division of Assembl No No No No No
Read a Pa er Yes No No Ma. Yes
Withdraw a Motion No* No No Maj* Yes
Ne Vote
Divide a Question Yes No Yes Ma. No
Close Nominations or Polls Yes No Yes 2/3 No
Consider Seriatim Yes No Yes Ma. No
UNCLASSIFIED MOTIONS
MOTIONS THAT BRING BACK
Reconsider Yes Yes* No Maj No
Rescind Yes Yes* Yes Maj** yes
NeQ Vote
Take From The Table Yes No No Maj No
* Consult Robert' Rules of Order Newly Revised for special rules.
** With previous notice. Without previous notice - 2/3 vote.
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THE MEETING
". . . it is for the happiness of those united in society to harmonize as much as
possible in matters which they must of necessity transact together".
Thomas Jefferson.
AGENDA: An agenda is a list of the specific items under each division of the order of business
that the board or committee plans to present to a meeting. A written agenda should always be
given to members of any governmental body before the meeting is to begin.
CONSENT AGENDA: Many governmental bodies and volunteer organizations, having a large
number of routine matters to approve, will often use a consent agenda. The consent agenda,
printed along with the regular agenda, would include noncontroversial matters.
Before the vote is taken on the consent agenda, the chair would allow time for the members to
read the matters and decide whether it should be placed on the regular agenda. Any member has
the right to remove any item from the consent agenda to the regular agenda. The consent agenda
is then voted on, in gross, without discussion.
CHAIRMAN, PRESIDING OFFICER, CHAIR, MAYOR: Many governmental bodies have
rules in their charters that determine the election process of their presiding officer and the role
that person has in presiding over a meeting. For example, ifthere is a mayor, the role for the
mayor is generally written in the charter or other governing document. However, if a rule
regarding the chairman's role is not written, and the person is elected from among the members,
that person will have all rights and privileges while he/she is presiding, i.e., the right to make
motions, second motions, speak and vote, without relinquishing the chair. Since such members
are elected by the voters, the chair shall not be deprived of representation on their behalf
COMMITTEES AND AGENCIES: All committee chairmen have the same rights as other
members of the committee or agency in presiding over the committee or agency, provided that
there is not a written rule to the contrary.
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PRESIDING
The word "preside" comes from two French words which mean "to sit before." It is from the word
preside that we get our word president. Bylaws or charters may refer to the presiding officer by
other titles such as Chairman, Moderator, Mayor, etc. When presiding, a governmental official has
the same rights as other members of the body unless stated otherwise in the statutes.
The art of presiding begins with knowing the proper use of the gavel, the symbol of the presiding
officer and used by him/her in presiding. The gavel may be used, according to General Henry M.
Robert, in three instances during a meeting.
1. Call the meeting to order.
2. Call attention to breaches of order by members in the meeting.
3. Adjourn the meeting.
CALLING THE MEETING TO ORDER
When the hour arrives, if a quorum is present, the presiding officer should rap the gavel lightly and
say, "the meeting will come to order." In case there is no gavel and in small rooms a simply tap with
a pencil will suffice. The object is simply to attract the attention of all present, so they will listen to
what the presiding officer is about to say. It is a great mistake to pound on the table as if trying to
drown the noise in the hall by making more noise himself/herself.
BREACHES OF ORDER
Ifthere has been a slight breach of order such as failing to confine his/her remarks to the merits of
the pending question the chair simply raps lightly, points out the fault and advises the member to
avoid it.
ADJOURN
Adjournment may be signaled by a single rap of the gavel, if desired.
GA VELING THROUGH A MEASURE
Under legitimate Parliamentary Procedure, THERE IS NO SUCH THING AS "GAVELING
THROUGH A MEASURE." The right of members to debate or introduce motions cannot be
cut off by the chair's attempting to put a question to vote so quickly that no member can get the
floor, either when the chair first states the question or when he/she believes debate is ended.
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When presiding:
The presiding officer should respond to each situation. Show common sense and fairness to
all members. He/she must show impartially at all times.
Presiding is an art - knowing how to arduously discourage the member who talks too much
or too often, encourage the member who has a hard time talking to an issue, .
The Presiding officer should stimulate and encourage discussion and see that all sides are
given by alternating the discussion.
Make sure that all members understand the motion or item before them.
Should protect the members from improper conduct by other members and the public and
not allow the use of dilatory tactics and abide by the decorum of debate.
Should be firm and decisive but not dictatorial.
Should be courteous and patient, yet have the ability to move the meeting.
The ability to lead is a most important quality.
What makes a good leader in a meeting?
A. Ability to get along with people.
B. The ability to delegate.
It is easy to "do it yourself' so that it gets done. A leader surrounds herself/himself
with good leaders.
C. The knowledge of Parliamentary Procedure.
It is unfair to the members for a person to preside over a meeting when the knowledge
of Parliamentary Procedure is lacking. Time is something that is valued by all people
and no one has the right to abuse another person's time.
D. A Sense of Humor
NEVER take yourself so seriously that you forget to laugh.
E. Respect for your position and others.
To serve not Dictate
RIGHTS OF CITIZENS ATTENDING MEETINGS
Every governmental body must have rules that are adopted in regard to citizens addressing the
board, committee, commission or agency. Citizens have the right to attend the meetings of most
governmental bodies and may be permitted to address the body on matters that are relevant to the
business. Some governmental bodies require citizens to request permission to speak in advance of
meetings where appropriate. Citizens must observe all of the rules that are set, therefore, it is
essential that governing bodies have established rules to handle this situation. Members of the public
attending the meetings of the governmental body do not have the right to interrupt or heckle. They
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have the right to ask to be heard by requesting permission of the body through the chair at the
appropriate time. All questions, comments and remarks must always be addressed through the chair
and not to an individual commissioner. Citizens also have the right to submit written petitions,
protests, and requests for hearings.
VOTING BY PUBLIC OFFICIALS
As mentioned in the section on voting in governmental bodies, some states require governmental
board members to vote on any official decision, ruling, or other official act. The statutes of each
state give directions to their governmental boards on the procedure that is used if for any reason
there is a possible conflict of interest.
DECORUM IN DEBATE
It was stated earlier that any person or governmental body receives the respect from others to the
degree that they respect themselves. If respect for the decorum of discussion is demonstrated by the
members, it shows not only respect for the individual, but respect for those persons who elected
them and whom they represent. There are times when members of governmental bodies become
disturbed by disruption created by the public when the members themselves are setting a poor
example by disregarding decorum in discussion.
SOME THOUGHTS FOR DECORUM IN DEBATE
1. In discussion the remarks made by the members should be confined to the motion or matter
that is before them.
2. In discussion a member may condemn the nature or likely consequences of the proposed
measure in strong terms, but must avoid personalities, and under no circumstances can he/she
attack or question the motives of another member. The issue, and not a person, shall be the
item under discussion. For example, if a member disagrees with a statement by another in
regard to an event which both witnessed, he cannot state in debate that the other's statement
is false; but he might say, " I believe the member is mistaken'." Robert's Rules Of Order
Newly Revised, page 332.
3. The chair would immediately call as "out of order," any remarks made in regards to
comments outside the issue being addressed. Another member may call to the attention of
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the chair this breach of procedure and decorum. The member making such remarks should
immediately cease the breach of decorum and continue with hislher remarks confined to the
Issue.
4. All remarks are made through the chair and one member may not interrogate another
member or person speaking from the public except through the chair.
5. After a member has spoken or asked questions on a matter before the body, other members
are given the opportunity to speak. If no other member wishes to speak, the member may
continue speaking to the issue.
6. During discussion, voting members may not disturb the other members in any way that may
be considered disruptive to the proceedings or hamper the transaction of business.
7. The chair may rule as "out of order" any action deemed "inappropriate" or dilatory and may
interrupt a speaker for reasons deemed necessary by the chair.
8. Profanity and disorderly language or gestures at meetings are prohibited.
9. ALL MATTERS ARE DIRECTED THROUGH THE CHAIR.
EXAMPLES OF DEBATING (DISCUSSING) MOTIONS
When a motion is before the body, and it is a motion that creates a great deal of "feelings," a member
can best serve himself7herself and the body by relating facts rather than feelings.
Trying to regulate feelings does not work. Members do not like to be told how to feel. Presenting
the facts will better serve the situation.
TO SPEAK IN FAVOR OF A MOTION
Addressing the chair. . . "Mr./Madam chairman, (or mayor etc.), I am in favor of the motion" and
continue to give the reason for speaking in favor. Then conclude with a statement such as,
"Therefore, I hope the motion will pass" or "I therefore urge the members to vote yes." Have you
ever heard someone speak to a motion and you were not sure whether he/she was in favor of the
motion or against the motion?
TO SPEAK AGAINST THE MOTION
Addressing the chair. . . "I speak against the motion" and continue giving the reason for speaking
against. In speaking, make your points clear so that persons understand why you are speaking
against the motion. Then conclude with a statement such as, "Therefore, I urge the members to vote
against the motion. "
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MINUTES
Accurate and complete minutes are of vital importance to any meeting. They are the history and
legal record of the body. Minutes are invaluable for reference and the courts give them great weight
as evidence. Auditors depend on the minutes for proof of authorization for important expenditures.
WHAT MINUTES SHOULD CONTAIN
Minutes are a record of all actions and proceedings but not a record of discussion. The opening
sentences must record the date, hour, and place that the meeting was called to order, the type of
meeting, the name of the presiding officer, and the fact that a quorum was present. If the meeting
was a special meeting, a copy of the notice or call should be attached. The minutes record all main
motions and resolutions whether passed or lost, stating exactly what the proposals were. When
ordinances, laws or rules are printed separately, they may be identified in the minutes by subject,
name, and number instead of being included in full. You may include the name of the proposer, and
the way in which each motion was disposed. The exact wording of each motion should be recorded.
Ifa vote is taken by roll call, the votes are recorded. If there is a vote that is divided by the board,
the votes pro and con are recorded.
~ MINUTES SHOULD NEVER CONTAIN
The clerk's personal opinions, interpretations, or comments should not be recorded
in the minutes. Descriptive or judgmental phrases, such as - "a heated discussion"
are not appropriate. Adverse criticism of a person should never be included except
in the form of a motion censoring or reprimanding a person. Praise of members should appear only
in the form of officially adopted votes of thanks or commendation.
COMMITTEE REPORTS FOR MINUTES
Each report should contain the name of the person presenting it, the action taken on the report, and
where the report may be found. Example: the report is attached to the minutes. An important report
may be summarized in the minutes and the file reference given for the complete report. A statement
from a report or a letter read to the members should be identified as to the author and the action
taken on it, if any.
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APPROVING THE MINUTES
The final legal responsibility for correcting and approving the minutes rests solely with the members
of the body. An employee may prepare the minutes, but only the governmental body may approve
them. The minutes become the official record of the body when they have been corrected and
approved by vote of the body.
"Respectfully Submitted" is no longer used at the end of the minutes.
EFFECTIVE COMMITTEES
"Outside of traffic, " declared Will Rogers, "there's nothing that has held this country back as much
as committees." However, we know that committees are time savers for boards, councils and
organizations.
Many times committees are just too large. A good working committee consists of three and a
maximum of nine persons. When the committee is too large, communication breaks down. There
is a thought that says, "The length of a committee meeting increases with the square of the number
of people present. "
Distribute an agenda well in advance of each meeting. This requires careful planning. When
committee members know in advance what is on the agenda they will come prepare. It is important
for the committee to know what they need to accomplish.
Schedule meetings regularly. Cancel unnecessary meetings.
Start all meetings on time and set a time for adjournment and stick to it.
Always have a foundation to build upon. Instead of just sitting around discussing a vague topic,
have a motion and talk around it and change it as necessary.
Encourage members to discuss but help the committee by not allowing one member to dominate the
conversation.
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REPORTING OF COMMITTEES
Every committee, even one authorized by a board to act in its name, must report to the body which
created it. It is not an entity unto itself
DEFINITION OF A REPORT: A committee report is defined in Robert's Rules Of Order Newly
Revised (page 493) as "an official statement formally adopted by, and submitted in the name of the
reporting body, informing the parent assembly of action taken or recommended, or information
obtained. "
PREPARING A REPORT: A report should be businesslike in form and brief, but clear in content.
One member is usually given the responsibility of drafting the report. The person may be the
chairman. Before it is adopted, the draft should be reviewed by every member and discussed
thoroughly. Ifit is long or complex, the report can be considered by paragraph. Amendments can
be proposed and changes made. A majority vote of the committee members present at a meeting is
required to adopt it as the official report.
FORM OF A COMMITTEE REPORT: To expedite business most reports are prepared in
written form. A report is always written in the third person and is referred to as "the report of the
Committee," never as "the report of the chairman II or as "Mr. Smith's report." It is
seldom addressed or dated. The assembly is assumed to be the body to which it is addressed, and
its date becomes that of the meeting at which it is presented and recorded in the minutes.
OPENING: The first sentence of a report identifies the committee submitting it. A report from a
special committee identifies the committee in terms of the subject referred to it or the directives
given. For example: "The committee to which was referred the question of building a new school,"
or, "The committee appointed to secure information. . ."
BODY: If details seem appropriate, the body of a report may include information:, definition of
task, procedures followed, factual information obtained and considered, conclusion drawn,
recommendations, and motions or resolutions proposing action. When a report contains a number.
of facts, opinions, or recommendations, these should be summarized near the end of the report.
When the recommendations require action by the board, a report should close with carefully worded
resolutions or motions. A good committee never leaves to others the responsibility for preparing
motions or resolutions meant to carry out its recommendations. EXAMPLE: "The committee
recommends the adoption of this motion, or "The committee recommends the adoption of the
following motion. "
SIGNING: A report is signed either by the chairman or by all members of the committee who are
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in agreement with its contents. If it is to be signed by the members, and this is a wise procedure
when the report is concerned with matters of great importance, the chairman signs first customarily
but does not write the word "chairman" after his/her name. However, if authorized to sign for the
committee, he does add the word "chairman" after his/her name. "RESPECTFULLY SUBMI1TED"
IS NO LONGER USED A T THE CLOSE OF A REPORT.
CONTENT OF A COMMITTEE REPORT: A report can contain only what has been agreed
upon by a majority vote at a meeting of the committee of which every member was notified and at
which a quorum was present. If the members cannot be brought together for a meeting, the report
can contain only that which is agreed upon by every member.
WHO GIVES THE REPORT: The chair ofa committee usually makes the report. Iffor some
reason the chair does not want to give the report, possibly because she/he is not in agreement with
some parts of it or is unable to be present at a meeting, the committee selects another one of its
members to serve as its reporting member. This member should be chosen in advance so he/she may
be well prepared to explain the committee's recommendations and to answer any questions.
AFTER THE REPORT HAS BEEN MADE: No motion is required if it is a report for
information only or a partial or progress report with no recommendations or conclusions requiring
action. Neither a motion to "receive" or a motion to "approve" or to "adopt" is in
order. The chair simply acknowledges the report and possibly thanks the person who presented.
The clerk then files the report and the fact that it was received is recorded in the minutes.
MOTIONS: Immediately after the report has been read a board member may move some action
suggested by the report. In an organizations these motion do not require a second, since they come
from committees. The chair of the committee or person reporting is entitled to speak first if he is
a board member.
MINORITY REPORT: A report approved by majority vote of a committee is considered the
report of the committee. Committee members who do not agree with this report can prepare a
separate minority report and request permission to present it. When a minority report is read, it is
for information only, and no action can be taken on it unless a motion is made by a board member
to substitute it for the report of the committee.
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FOLLOW THE RULES
Organizations and most especially governmental bodies get them selves in trouble needlessly by not
understanding parliamentary procedure. They also get in trouble trying to side step parliamentary
rules in a meeting. As a parliamentarian, I have all to often seen the consequence of ignoring rules.
It is my hope that you find this basic parliamentary writings beneficial. I have tried to cover the most
useful procedure as simply as possible. By using correct procedure in your meetings, you will be
assured of representing the people you serve in the best possible manner. Leadership by example
engenders and sustains trust.
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APPENDIX A
RULES: FORM AND EXAMPLE
Part 1. Content Planning thought stimulus.
RULES OF PROCEDURE FOR
(name)
ARTICLE I
OPERA TIONAL PROCEDURE
Section 1.01 Meetings
Regular, special, adjourned meeting. How meeting is called, What to do if all of the
business can not be heard at a meeting, and how an adjourned meeting is handled.
Section 1.02 Quorum
What is a quorum? What to do if there is no quorum. What if you lose a
quorum?
Section 1.03 Chairman
Duties and privileges.
Section 1.04 Absence of Chairman
Who presides; their duties and privileges.
Absence of chairman and vice chairman.
Section 1.05 Minutes
Who records and prepares the minutes. What is contained in minutes.
Procedure for correcting and approving minutes.
Section 1.06 Agenda
Who prepares the agenda. What is included. Work sessions, public discussion
or public hearing times, if it is a timed agenda, consent agenda, non-agenda
items and how they are handled.
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Section 1.07 Voting
How roll call votes are conducted, voice votes, any rules regarding the voting.
What is the state law regarding voting?
Section 1.08 Public addressing the Boards or Committee
How the public addresses the board, whether the person speaking is speaking
for someone else or themselves, if being paid, time limit, what happens if the
person speaking does not follow the rules? Other rules as may pertain to this
procedure.
Section 1.09 Committees
What committees, how appointed etc.
ARTICLE II
DECORUM IN DEBATE
Section 2.01 Decorum
F or governmental officials in the meeting, include what is and is not acceptable
in debate, remarks made through the chair, time limits, and other such matters.
ARTICLE ID.
MOTIONS AND THEIR USE
Section 3.01 Motions
Precedence of motions. What motions will and will not be used by the
governmental body (see suggestions in the book). Describe each motion and
the proper way to use it. If there is any difference in the motions that are
adopted by the governmental body and in the parliamentary authority, it would
be stated here.
ARTICLE IV
PARLIAMENTARIAN
Section 4.01 Parliamentarian
Who will be the Parliamentarian. Normally the attorney also acts as
parliamentarian. Identify hislher designee.
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ARTICLE V
PARLIAMENTARY AUTHORITY
Section 5.01 The parliamentary authority
ARTICLE VI
AMENDMENT
Section 6.01 Amendment
How the rules may be amended? These rules should be amended in the same
way bylaws of an organization are amended, i.e., notice and a two-thirds vote.
Part 2. Example.
PROPOSED RULES OF PROCEDURE FOR THE WISDOM COUNTY COMMISSION
These following rules are examples for a governmental body to consider.
They are based on a five (5) member board. The board and county are
fictitious.
These rules are not intended for use as they are written. The rules are an
example of rules for a governmental body.
Each state and local government have rules that are given to them by their
state statutes or local government.
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ARTICLE I
OPERATIONAL PROCEDURE
Section 1.01 Meetings.
Regular and Special meetings of the County Commission shall be as determined in Section 209 of
the Wisdom County Charter.
Note: Ifthere is no Charter, regular meetings and special
meetings and who may call a special meeting would
need to be defined.
A. An adjourned meeting shall be a continuation of the meeting immediately proceeding,
whether a regular or special meeting.
1. If due to time constraint, a regular or special meeting of the Commission is unable
to hear all the business due to come before it, the meeting shall be adjourned to the
following day or a specific day scheduled by the Comrnissio~, to allow for the
completion of pending business.
2. In an adjourned meeting (regular or special). business which would have been proper
to consider at that meeting may be considered and acted on at the adjourned meeting.
Nothing may be considered at an adjourned meeting, unless it could have been
considered and acted on at the original meeting,
3. Adjourned meetings resume business under the same rules, limitations and rights as
the original meeting from which it was adjourned.
Section 1.02 Quorum.
A majority of members shall constitute a quorum for any meeting of the Wisdom County
Commission.
A Ifa quorum is not present thirty (30) minutes following the appointed hour of the meeting,
the Chairman, Vice-Chairman, or in their absence, the Administrator (or his/her designee)
may adjourn the meeting until the next day or by unanimous agreement, those present may
select another hour and day.
B. If in the process of a meeting, it is determined that a quorum is not present, all business shall
automatically stop. The Board may:
1. Fix another day at which to reconvene;
2. Adjourn and return at the next regular meeting;
3. Recess to determine if a quorum will be present within a short period of time; (a
majority vote of those present shall make the decision)
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4. The names of those members present and their decision shall be recorded in the
minutes, stating a quorum was not present and the time set for another meeting.
Section 1.03 Chairman.
(If there is no Mayor or Chair elected by the public)
The Commission shall elect a Chairman, hereinafter referred to as "chair," from among its members
by majority vote no earlier than the third Tuesday of each November and no later than the third
Tuesday of each December of each calendar year. (Section 208 of the Wisdom County Charter).
If there is a Mayor or elected Chairman, this would not apply.
A. In addition to the duties listed in Section 208 of the Wisdom County Charter, the chair shall:
1. Call the meeting to order at the hour appointed for the meeting.
2. Determine that a quorum is present.
3. Preserve decorum and order at all meetings.
4. Make the members aware of the substance of each motion and call for the vote and
announce the results of each matter that is decided by the Commission.
5. Determine the seating arrangements for the Commissioners and staff
6. Have all rights and privileges while he/she is presiding, the right to make motions,
second motions, speak and vote, without relinquishing the chair.
RATIONALE:
Since each member of the County Commission is elected by the
voters of Wisdom County, the chair shall not be deprived of
representation on their behalf. Therefore, the chair has the same
right to make motions, second motions, speak and vote without
relinquishing the chair.
Section 1.04 Vice-Chairman.
The Commission shall elect a Vice-Chairman, hereinafter referred to as the Vice-chair, from among
its member's by majority vote no earlier than the third Tuesday of each November and no later than
the third Tuesday of December of each calendar year. The Vice-chair shall serve for a period of one
year and shall have all rights, privileges and duties of the chair in the absence of the chair. (Section
208., B. of the County Charter.)
Section 1.05 Absence of Chair and Vice-chair.
In the absence of the chair and Vice-chair, at a meeting of the Commission, the Administrator shall
determine whether a quorum is present and if a quorum is present, shall call for the election of a
temporary chair. The temporary chair shall preside over that meeting or until the chair of Vice-chair
arrives. The temporary chair shall relinquish the chair upon the arrival of either the chair or Vice-
chair upon conclusion of the business immediately before the Commission.
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Section 1.06 Minutes of the Meetings.
All actions of the Commission shall be accurately recorded in the minutes.
A The clerk to the Wisdom County Commission shall record and prepare the minutes and shall
be responsible for maintaining the official record and minutes of each meeting of the
Commission
B. The minutes shall include all the actions of the Commission with respect to motions. The
record shall include the names of the mover and seconder and the vote of the Commission.
The record shall state whether the vote was by voice vote or by roll call and how each
Commissioner voted on the matter if a roll call is used.
C. The clerk to the Commission shall not be responsible for maintaining a written record of the
discussion or comments of the members and of comments made by members of the public.
The clerk shall make an electronic tape recording of each entire meeting.
D. A member may request to have her/his comments printed as part of the record. If there are
no objections by any member of the Commission, the comments may be included. Ifthere is
an objection to such printing of the comments, the Commission shall decide the matter by
majority vote.
E. The responsibility for correcting and approving the minutes shall be vested only in the
members of the Commission and the minutes shall indicate their approval.
F. The minutes shall be attested by the chair of the Commission.
RATIONALE:
All actions taken by governmental organizations must be fully and accurately
recorded in their minutes. The minutes are the primary evidence of actions taken
by the body. The final legal responsibility for correcting the minutes rest solely
with the members of the body. (Ref Sturgis, page 239, with related court cases.)
Section 1.07 Agenda.
The official agenda of the County Commission shall be prepared in four parts:
A The Morning Agenda.
1. The morning agenda shall be prepared by the County Administrator's Office and shall
include:
a. Comptroller's Report
b. Staff reports
c. Board of Zoning Adjustment (when applicable)
d. Planning and Zoning Commission. (when applicable)
e. Such other items as may be requested from time to time.
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2. Some of these items may be a consent item as per Section 1.08 of these rules.
B. Work Session agenda.
1. A work session agenda shall be scheduled on an "as needed" basis at the request of
the Commission, the Administrator or the Staff
2. Unless special notice is required, the Commission may take official action on any
work session issue which is properly placed on the agenda.
C. A recess shall be called between the morning and afternoon agenda.
D. The Afternoon Agenda.
1. The afternoon agenda shall be prepared by the County Administrator's office and the
Clerk to the Commission and shall include:
a. Call to order
b. Invocation (if applicable)
c. Public Discussion
(1) Any public discussion placed on the afternoon agenda shall be
reviewed by the Commissioners and staff prior to being placed on
the agenda.
d. Public Hearings
(1) Public hearings shall be scheduled by the Clerk to the Commission
and the notification of such hearings shall be sent to the persons
involved and to the media by the Clerk.
e. A recess in the afternoon shall be indicated on the agenda.
2. Reports from the County Commission and the County Attorney will be presented at
unscheduled times during the day, depending on the length of time required for the
advertised public hearings.
3. The agenda shall be a timed agenda except that it will state that the public discussion
and Public hearings be held at the time shown or just as soon thereafter -as time
permits.
Section 1.08 Consent Agenda.
A portion of the agenda may be designated as a consent agenda and all items contained therein, may
be voted on with one motion.
A. Any Commissioner may withdraw an item from the consent agenda and it shall be voted on
individually.
Section 1.09 Non-agenda Items.
A Non-agenda item shall be defined as that which is deemed by a Commissioner to require urgent
attention.
A. Adequate information shall be given on items that are being requested.
B. A vote of 4/5 shall be required to pass a Non-agenda item. Should only 4 members of the
Commission be present, a 3/4 vote shall be required. Should only 3 members be present, a
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unanimous vote shall be required. (for a 5 member board - other numbers should be set
according to the number of members on the board).
Section 1.10 Voting by Commissioners.
All votes shall be taken by an "aye" or "no" vote (voice vote) unless it is determined by the chair or
Commission that a roll call vote would be in order.
A. A roll call vote shall be taken by numerical order of districts, except that the chair shall vote
last.
B. When a record roll call vote is called on a motion and the chair has made clear the motion,
the clerk shall be directed to call the roll; no member shall be entitled to speak on the motion,
nor shall any motion be in order until such roll call is completed and the result announced by
the chair.
C. All voice votes shall be taken requesting those in favor to say "aye" and those opposed to say
"no." A vote requesting those in favor to say "aye" and those opposed "like sign" (meaning
"aye") shall not be used.
RATIONALE:
A vote that calls for those in favor to say "aye" and those opposed "like
sign" in a voice vote is not only out of order in procedure but also is
confusing. In order for the public, the Clerk, and other Commissioners to be
assured that the Commissioner is voting in the negative, it is important that
"no" be used. A person may not vote "aye" when his/her vote is in the
negative.
D. A tie vote shall cause the motion to be defeated.
1. Exception: On all matters involving application by the Board which require
findings offact, and/or conclusion oflaw, a tie vote shall keep the motion as pending
before the Board and the motion shall be rescheduled to another time or a time
certain.
COURT CASE:
Zoning Appeals Board, after notice and hearing and having deadlocked at a
2 to 2 vote to deny application for an unusual or special use, was entitled to
continue hearing by setting it over to another date without further notice.
Shaushnessv v. Metropolitan Dade County, App., 238 So.2d 466 (1970).
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E. No County Commissioner who is present at any meeting of the Commission at which an
official decision, ruling or other official act is to be taken or adopted may abstain from voting
in regard to any decision, ruling, or act, and a vote shall be recorded or counted for each
such Commissioner present, except when, with respect to any such member, there is or
appears to be a possible conflict of interest, the following shall apply:
1. Any Commissioner voting in his/her official capacity upon any measure which inures
to his/her special private gain, or special gain of any principal by whom he/she is
retained shall, within 15 days after the vote occurs, disclose the nature of his/her
interest as a public record in a memorandum filed with the clerk for the board, who
shall incorporate the memorandum in the minutes. *
(112.3143 Florida Statutes).
*Each state or local government has rules regarding when and if a city or county
elected officer can abstain from voting.
Section 1.11 Public Addressing the Commission.
A. All persons, other than salaried members of the county staff, shall address the Commission
in the following manner:
1. State his/her name and address.
2. If requested by the Commission, a person may be required to state:
a. whether he/she speaks for himse1t7herself or for another.
b. If the person represents an organization or represents a policy established by
the organization or governing body.
3. Whether he/she is being compensated by the persons for whom he/she speaks.
4. Whether he/she or any member of his/her immediate family has a personal interest
in the pending matter.
B. All remarks shall be made to the Commission as a body and addressed through the chair and
not to a particular Commissioner.
C. No person, other than the Commissioner, salaried staff and the person having the floor, shall
be permitted to enter into any discussion, either directly or through a member of the
Commission, without permission of the chair.
D. The person shall limit his/her remarks to the time limits set by the chair and/or the
Commission.
E. All remarks must be related to the issue. No person shall be allowed to make slanderous
remarks while addressing the Commission.
1. A person may be barred from further speaking before the Commission in that meeting
if his/her conduct is deemed as "out of order. "
2. A person, once barred by the chair for improper conduct shall not be permitted to
continue or again address the Commission in that meeting unless a majority vote of
the Commission allows.
3. The County Commission may bar a person from addressing the County Commission
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for up to sixty (60) days for improper conduct.
4. A person barred by the Commission for this period may request a hearing, by written
request, to the chair stating reason( s) for a reversal of the decision.
5. The hearing shall be placed on the agenda and heard by the Commission. A 4/5 vote
of the entire Board vote shall be required to overturn the previous decision to bar the
person(s).
Section 1.12 Committees of the Commission.
A. Whenever the Commission deems it necessary or desirable that the Commission be
represented at a meetings, conferences or other occasions involving other governmental
organizations, or departments, agencies or officials of the county government, the
Commission may appoint through the chair or through election, a member or members to
represent the Commission at such meetings, or other occasions, with the consent of the
member appointed or elected.
1. A representative for or on behalf of the Commission, may not make any commitment
or binding obligation on behalf of the Commission.
2. A representative for or on behalf of the Commission shall report in writing to the
Commission, when requested.
B. The Commission may establish special committees as specific needs arrive. The Commission
shall appoint or elect persons to these committees with consent of the persons appointed or
elected.
C. Any special committee may be abolished by the Commission.
D. Any person appointed or elected by the Board to represent them may be removed for non-
attendance or non-participation by a majority vote of the Commission.
ARTICLE II
DECORUM OF DEBATE
Section 2.0 Decorum for Commissioners in Meetings.
The following practices shall be followed in the discussions/debate on motions and matters
presented to the Board of County Commissioners.
A. In discussion, the remarks made by the Commissioners shall be confined to the motion or
matter immediately before the body.
B. In discussion, a member may condemn the nature or likely consequences of the proposed
measure in strong terms, but must avoid personalities, and under no circumstances can
he/she attack or question the motives of another member. The issue, and not a person, shall
be the item under discussion. "For example, if a member disagrees with a statement by
another in regard to an event which both witnessed, he cannot state in debate that the
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other's statement is 'false.' But he/she might say, 'I believe there is strong evidence that the
member is mistaken' . " (Robert's Rules of Order Newly Revised, page 332.)
C. The chair shall immediately call as "out of order," any remarks made in regards to
comments outside the issue being addressed, or another member may call to the attention
of the chair and other members, this breach of procedure and the member shall immediately
cease the breach of decorum and continue with his/her remarks confined to the issue.
D. All discussion shall be made through the chair, and one member may not interrogate another
member or person speaking from the public except through the chair.
E. After a member has spoken or asked questions on a matter before the Commission, other
members shall be given the opportunity to speak. If no other member wishes to speak to
the issue, the member may continue speaking to the issue.
F. During discussion or voting, a member shall not disturb the other members in any way that
may be considered disruptive to the proceedings or hamper the transaction of business.
G. The chair may rule as "out of order, " any action deemed "inappropriate" or dilatory and may
interrupt a speaker for reasons deemed necessary by the chair.
H. If a member of the Commission refuses to comply with these rules as adopted by the
Commission, the following procedure shall be used:
1. The member shall be "called to order" by the chair or by a majority of the members
present.
2. If a member refuses throughout the meeting to abide by the rules, the members
present, by majority vote, may censure the member and have it entered in the
official minutes of the meeting.
RATIONALE:
Any person, organization, or governmental body receives the respect
from others to the degree that they respect themselves. If respect for
the procedure at meetings is demonstrated by the members, it shows
not only respect for the individual, but respect by those persons that
elected them and for whom they represent.
No body, regardless of it's size, can accomplish it's objective if the
person elected by them to lead the meeting (Le., the chair) is not
given the authority to do so. All matters must be directed through the
chair, otherwise the procedure is out of order.
As to the chair or the board following through on a member refusing
to abide by the rules, it must be remembered here that these rules
need to cover not only the Commission as it now exist, but also those
that follow.
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ARTICLE III
PROCEDURE IN MEETINGS
MOTIONS AND THEIR USE
Section 3.01 Motion shall be stated by the chair.
No motion or resolution shall be adopted until the motion or resolution, in substance, is stated by
the chair.
Section 3.02 Precedence of motions.
These motions shall take precedence in the order in which they are listed below:
A. Fix a time of the next meeting
B. Adjourn
C. Recess
D. Call the question ( end debate)
E. Defer to a time certain (postpone)
F. Refer back to a committee or refer to a committee
G. Amend
H. Main motion
I. The motions reconsider, rescind and amend something previously adopted shall have the
same rank as a main motion.
J. All incidental motions listed in this section shall be decided immediately before business
can proceed.
Section 3.03 Main Motion.
Any motion presented by a Commissioner or any item on the agenda shall be considered the main
motion before the meeting. A second is required.
NOTE: A second made by any member shall imply that the member wishes the matter to be
discussed, but it does not necessarily mean that the member is for or against the motion.
Section 3.04 Amend.
If a member feels that the main motion might be more acceptable in another way, other than the
way presented, the member may amend in either of the two ways presented:
A. By consent of the members: The chair, or another member, through the chair, may ask if
certain changes may be made to the motion. If there are no objections from the members,
the motion will stand as changed (amended). If there are no objections, the second shall
remain. (As "no objection" implies that the person seconding the motion agrees.) The main
motion shall then be as it was changed (or amended by general consent). If there is an
objection from any member, a second to the amendment shall be required and a vote taken.
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There may be discussion to the amendment at that time and a majority vote shall be required
to pass the amendment.
B. An amendment may be presented formally by moving to amend the motion in some way,
insert, add words or paragraph, strike out words or paragraph, or strike out and insert
words or paragraphs. If it is in the form of a formal motion to amend, a second shall be
required and discussion shall follow on the amendment. If an amendment passes, the main
motion shall be the motion as amended. If it fails, the motion shall be the motion as it was
before the amendment was presented.
C. An amendment must be germane (relating to the substance of the main motion). An
amendment cannot introduce an independent question; but an amendment can be hostile to,
or defeat the spirit of the original motion and still be germane. (See example in the
appendix. )
D. Improper Amendments shall be:
1. One that is not germane (see examples)
2. One that would make the adoption of the amended motion equivalent to a rejection
of the motion. Thus, if you moved that "we approve," it could not be amended to
say that we "not" approve because that could be accomplished by simply voting
against the motion.
3. One that would strike out such words as "Resolved" or another enacting words.
4. One that is frivolous or absurd.
5. One that would leave incoherent wording or a wording containing no rationale
proposition.
6. One that would have the effect of converting one parliamentary motion into another.
Section 3.05 Refer.
If the County Commissioners feel that adequate information has not been given, a Commissioner
may move to refer back to a certain person(s) or agency for more information. A time certain may
be included in the motion or it may be open-ended. A motion to refer back is only debatable as to
whether or not, or to whom it shall be referred, a second is required and a majority vote of the
Commissioners shall be required to pass the motion to refer. If the motion fails, the motion shall
be the motion on the floor prior to the motion to refer.
Section 3.06 Defer to a time certain (postpone).
A motion to defer to a time certain (postpone) may be used if the Commission feels that the motion
before them should be considered at a more convenient time or if the discussion shows that a final
decision should be made at a later time or date. This motion is used if the Commission themselves,
feel that they may obtain the information that is needed or that the facts as presented are not
adequate for their final vote. Discussion may follow as to the reason for the motion to be deferred.
A second is required. A majority vote is required to pass a motion to defer.
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adequate for their final vote. Discussion may follow as to the reason for the motion to be deferred.
A second is required. A majority vote is required to pass a motion to defer.
NOTE: It is important to note that the Commission acts in it's
official capacity as a unit and if a matter is asked to be deferred, it
is done by a majority vote of the Commission and not by a member
acting independently. All action taken by the Commission must
reflect the wishes of the Commission and not one member
individually.
Section 3.07 Limit Discussion or Debate by the County Commission.
If a member of the County Commission feels that a set period of time for discussion of a motion
should be limited as to time for the motion as a whole, or as to individual time given, the member
may move to "limit discussion! debate." This time limit may be moved after the chair has called for
the public hearing to be closed. There shall be no discussion to this motion and a 4/5 vote shall be
the vote to limit discussion on an individual or on the motion as a whole. A vote of 4/5 shall be
required to pass a non agenda item. Should only 4 members of the Commission be present, a 3/4
vote shall be required. Should only 3 members be present, a unanimous vote shall be required.
(FOR LIMITED DEBATE OF THE PUBLIC - PLEASE REFER TO SECTION 1.10 OF THESE
RULES.)
Section 3.08 Call the Question (Previous Question) or to end discussion/debate.
A member of the County Commission may "call the question" (a motion to end debate) when it is
clear that further discussion is unnecessary, following the public hearing. A second is required and
no discussion may be allowed on this motion. A vote of 4/5 shall be required to pass this motion.
A vote of 4/5 shall be required to pass a non agenda item. Should only 4 members of the
Commission be present, a 3/4 vote shall be required. Should only 3 members be present, a
unanimous vote shall be required.
Section 3.09 The Motions to Table (lay on the table) and Postpone Indefinitely shall not be
used by the Commission.
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RATIONALE:
The motion to table may not be used to kill a motion.
The motion to table (perhaps the most abused motion) is used to set a motion
aside temporarily when something else of immediate urgency has arisen. The
motion to defer to a time certain may be used by the Board if this occurs. The
only way a tabled motion can be brought back is through the motion "take from
the table," it may not be placed on the agenda. Because of the nature of the
business of the County Commission. it is necessary to dispose of, in some way,
the matters on the agenda that are public. The public would not know when it
would be taken from the table and public notice would not have been given.
The motion to postpone indefinitely is another motion that should not be used by
the Commission as it is used as a motion to kill. It is used as a motion that "says"
that the body declines to take a position on the main question and avoids a direct
vote. The County Commission is charged with making decisions at their meetings
and not to sidestep an issue. The Board may "kill" a motion by voting it down.
Section 3.10 Motions used to bring back an issue:
If a Commissioner wishes to bring back to the Board those matters that have been adopted for a
change, in part or in total, the following motions shall be used:
Section 3.11 Amend something previously adopted:
This motion shall be used in what can be referred to as routine matters, that being a matter that was
adopted by the Commission but because of time or circumstances a part of the matter needs to be
amended. (i.e., change in speed limit or signs in general and other such matters.)
The Commissioner would move to amend that part of the motion that had been previously adopted.
A second is required. Discussion may follow on the subject. The vote taken shall be: Majority if the
item is on the official agenda. A vote of 4/5 if the item is not on the official agenda.
Section 3.12 Reconsider:
If in the same meeting, new information or changed situations make it appear that a different result
might reflect the will of the Board, a member may move to reconsider the vote. A motion to
reconsider may be applied to a vote that was either affirmative or negative and shall propose no
specific change in a decision but simply proposes that the discussion be reopened for discussion and
re-vote.
A. The motion to reconsider may be made by any member, regardless of how he/she voted
on the original motion. A second shall be required and discussion as to the reasons for
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reconsidering. The vote shall be a majority.
RATIONALE:
Cushing states in his manual on Parliamentary Law that "a motion to
reconsider may be made at any time or by any member, precisely like any
other motions."
The law validates Cushing's statement. "To deny any member the right to
propose any motion, regardless of how he/she voted is discriminatory."
Sturgis, pg. 41.
Section 3.13 Rescind:
A. If a Commissioner wishes to annul an action taken at a previous meeting, the motion to rescind
may be used. The motion to rescind shall require prior notice at a regularly scheduled meeting of
the intent to rescind a mo t Ion. The motion to rescind shall not be in order if:
1. The motion to reconsider can be made. (the same meeting)
2. The motion to reconsider was taken and lost. The matter is routine and only part of
the action needs to be changed in which case the motion "amend something
previously adopted" shall be used.
3. Something has been done as a result of the vote to implement the action voted.
B. A second is required and discussion can go into the merits of the motion involved in
rescinding. A majority shall be required to pass with prior notice.
Section 3.14 Incidental Motions
Incidental motions have no rank and may be used throughout the meeting as provided in sections
3.15 through 3. 19.
Section 3.15 Point of Order:
A member may call for a point of order if he/she believes that the chair has failed to notice a breech
in the rules. This point of order shall require the chair to make a ruling on the question involved.
Section 3.16 Appeal from the Chair's Decision:
Whenever the chair rules against a member who has raised a point of order, that Commissioner or
another Commissioner may appeal from the chair's decision. It requires a second and is debatable
with the chair speaking first explaining his ruling and the chair may close out the debate by a
statement at the end defending the ruling. (see ex~ples)
An appeal can be made on a ruling only and cannot be made:
A. In response to a parliamentary inquiry or a point of information.
B. In areas that challenge verifiable rulings of factual nature. The vote shall be taken on
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sustaining the chair's decision. A tie vote shall sustain the chair (the only time this is true)
because it takes a majority of those voting to overturn the chair's ruling.
Section 3.17 Divide a Motion:
If the motion presented contains two or more parts capable of standing as separate questions, a
Commissioner may move to "divide the motion." Requires a second and discussion is allowed as
to why it should be divided. The vote to pass is a majority.
Section 3.18 Consider Seriatim (by paragraph):
If a main motion is in the form of a resolution or document containing several paragraphs or
sections which are not separate motions but could be discussed more efficiently if it is discussed in
sections, the motion to discuss "seriatim" (by paragraph or sections) may be made. A second is
required and discussion shall be brief as to the necessity for the action. A majority vote shall be
required to pass.
Section 3.19 Withdrawing a Motion:
Once a motion has been moved and seconded, it belongs to the entire Commission and not the
maker of the motion; therefore, if a member wishes to withdraw a motion that is officially before
the Commission, action of the Commission must be taken in either of the following ways:
The chair may simply ask the Commission if there are any objections to the motion being
withdrawn. If there are no objections - the motion shall be withdrawn. (The person that has
seconded it does not need to withdraw hislher second. ) If there is object ion to it being withdrawn
then an official vote shall be taken or a member may move to withdraw the motion. A second is
required and brief discussion on the desire to withdraw may be given. A majority vote is required.
NOTE: Once a motion is withdrawn, either by general consent or by vote, it is struck from the
record and is not recorded in the official minutes.
Section 3.20 Privileged Motions:
Privileged motions shall be the highest ranking motions and shall be ranked in the following manner:
(Highest to lowest) Adjourn, Motions of privilege, Recess
Sections 3.21 through 3.23 describe Privileged motions.
Section 3.21 Adjourn:
The highest ranking motion shall be the motion to adjourn, requiring a second and is not debatable,
except that the motion shall contain a time to hear any non-completed items on the agenda. A
majority vote is required.
Section 3.22 Motions of Privilege:
If any matters occur such as to impede the member of the Commission to not be able to attend to
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the business before them; too much noise, the microphone not working or matters that affect the
safety, orderliness, or comfort of the members, or that affects the honor of an individual member,
the member may state to the chair that he/she has a question of privilege and the matter must be
addressed before the pending business of the Commission continues. No vote is required unless a
motion arises out of the privilege.
Section 3.23 Recess:
A recess may be taken as it appears on the agenda or by the chair when he/she deems it advisable
or by a motion from a member. If the motion is made by a member, a second shall be required and
a majority vote taken.
ARTICLE IV
Parliamentarian
Section 4.0 Parliamentarian.
The County Attorney or hislher designee shall serve as parliamentarian or the commission may hire
a professional registered parliamentarian to advise and assist the chair and the Commission in
matters of parliamentary procedure.
ARTICLE V
PARLIAMENTARY AUTHORITY
Section 5.0 Parliamentary Authority. .
The latest edition of Robert's Rules of Order Newly Revised shall govern this body in all areas in
which it is applicable and in which it is not inconsistent with these rules adopted by the County
Commission or higher law.
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APPENDIX B
PARLIAMENTARY TERMS
Adhere:
To be attached to and dependent on; pending amendments adhere to the motion to
which they are applied.
Adjourn:
To officially terminate a meeting.
Adjourned Meeting:
A meeting that is a continuation at a later specified time of an earlier regular or special
meeting. The continuation is always a part of the earlier meeting.
Adopt:
To approve by vote. To pass by whatever vote required for the motion.
Affirmative Vote:
The "aye" or "yes" vote
Agenda:
The official list of general or special orders for consideration during a meeting.
Approval of Minutes:
Formal acceptance of the record of the actions taken at a meeting thus making the
minutes the official record of the governmental body.
Bylaws:
The set of rules adopted by the governmental body defining its own basic rules.
Chair:
The person presiding over the governmental body or committee.
Charter:
The right to operate as an incorporated body.
Common Parliamentary Law:
The body of rules and principles that is applied by the courts in deciding litigation
involving procedure. It does not include statutory law or particular rules adopted by_any
organization or board.
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Convene:
To open a meeting.
Debate:
Formal discussion of a motion under the rules of parliamentary law. More often in these
rules referred to as discussion.
Defer, Commit or Refer:
To not take action by either referring it to a committee, back to a committee for another time
certain.
Demand:
An assertion of a parliamentary right by a member of the governmental body.
Dilatory Motions or Tactics:
Misuse of procedures or motions that are out of order or would delay progress in a
meeting.
Discretionary Duty:
A duty that usually cannot be delegated to another because of the special intelligence,
skill or ability of the person chosen to perform the duty.
Ex-officio:
A person who is assigned to a board or committee by virtue of the office they hold.
Floor (as in "have the floor"):
When a member receives formal recognition from the chair, he/she is the only member
entitled to make a motion or to speak.
General Consent:
An informal method of disposing of routine motions by assuming unanimous approval
unless objection is raised. Method: Are there any objections? Hearing none, the
motion has passed.
Germane Amendment:
An amendment relating directly to the motion to which it is applied.
Germane Discussion:
Discussion relating directly to the matter before the body.
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Hostile Amendment:
An amendment that is opposed to the spirit of purpose of the motion to which it is applied.
In Order:
Proper and right from a parliamentary standpoint.
Invariable in Wording:
When a motion can be worded one way only and so is not subject to amendment, it is said to
be invariable in wording.
Majority Vote:
More than half of the number of legal votes cast for a motion.
Minutes:
The legal record of the action of the governmental body (or any body) that has been
approved by vote of the body.
Motion:
A proposal submitted to the governmental body for its consideration. "I move. . ."
Objection:
The formal expression of opposition to a proposed action.
Order of Business:
The adopted order in which the business is presented to the meeting of the governmental
body.
Out of Order:
Not a correct at that time under Parliamentary Procedure.
Parliamentary Authority:
The book or code of procedure adopted by the board as its parliamentary guide and
governing in all parliamentary situations not otherwise provided for in the charter or in the
board's rules.
Pending Motion:
Sometimes referred to as Pending Question. Any motion that has been proposed_and_stated
by the chair for the governmental body's consideration and that is awaiting decision by vote.
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Precedence:
The rank or priority governing the motion.
Precedent:
An act or decision that may serve as a justification, guide or rule for future similar
situations.
Quorum:
The number of persons that must be present at a meeting of the governmental body to
enable it to act legally on business.
Railroading:
To gavel through a motion or push a motion through so fast that members to not have
opportunity to exercise their Parliamentary rights. Recognition: Acknowledgment by
the chair, giving a member sole right to speak.
Reconsider:
To review again a matter previously disposed of and to vote on it again. Must be made on
the same day of business.
Request:
A statement to the chair asking a question or some "right" that a member desires.
Rescind:
To nullify or cancel out a previous action.
Resolution:
A formal motion, usually in writing, and introduced by the word "resolved", that is
presented to the governmental body for action.
Resolution of Thanks:
A formal resolution given to a person( s) for a special service( s) from the governmental
body.
Restricted Discussion:
Discussion on certain motions in which discussion is restricted to a few specified points.
Roll Call Vote:
A recorded vote taken by calling the roll of the governmental body.
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Ruling:
A pronouncement (decision) of the chair that relates to the procedure of the
governmental body.
Second:
After a motion has been proposed, the statement "I second the motion" by another member
who thus indicates his willingness to have the motion considered.
Seriatim:
Consideration by sections or paragraphs.
Special Committee or ad hoc:
A committee that is selected to do a particular piece of work and that ceases to exist when
its work is completed
Standing Committees or Boards:
A committee that has a fixed term and that performs any work assigned to it by the
governmental body.
Statute:
A law passed by the legislature.
Tie Vote:
A vote in which the affirmative and negative votes are equal on a motion. A motion
receiving a tie vote is lost, since a majority vote is required to take action.
Unanimous Consent:
Deciding a routine motion without voting on it. If anyone objects, a vote must be taken.
Unfinished Business:
Any business that is postponed definitely to a time certain.
Voice Vote:
A vote taken by asking for "ayes" and "noes". Persons voting "aye" shall be those persons
in favor and persons voting "no" shall be those in opposition. "Aye" should never be used to
vote in opposition.
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Appendix C
Court Cases
We owe a debt of gratitude to the first people to conceive of the sacred principal which
governs a civilized people engaged in debate You can trace the decorum in councils and
governing bodies through the rise of the Greek city states, through Rome, France, to the
English parliament and to colonial America. Thomas Jefferson stated the principle clearly in
his first inaugural address. ".. .bear in mind this sacred principle, that though the will of the
majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority
possesses their equal rights, which equal law must protect, and to violate would be
oppression." The principle has never been popular with bullies or tyrants. Occasionally the
best ofleaders tries to overcome the majority or silence the minority with a loud voice or a
fast maneuver. In those times it is the duty of all to remember the principle and to insist on
fairness even if it is hard to do.
Attorneys usually counsel that when going to court the expected outcome is never one
hundred percent certain. The outcome may depend on substantive issues rather than
procedural. It is true, however, that the court gives great weight to the established rules and
procedure of governmental bodies. The following cases are presented as samples of court
outcomes where parliamentary procedure was involved. You are cautioned to consult your
attorney and not rely on this limited selection for these matters.
C-OOl Follow the agenda
The importance of following the agenda was supported by the Federal court in Jones v.
Heyman. 888 Fed 2d 1328 (l1th Cir. 1989) In Jones, the plaintiff brought an action against
the mayor and city, claiming that mayor violated his First and Fourteenth Amendment rights
when he was silenced and removed from a public hearing of the city commission. Jones, a city
board member, attended the public forum meeting of the Key West City Commission, as a
private citizen. At the appropriate time, Jones was recognized by the mayor, who was
presiding. However, rather than speaking to the topic submitted, Jones began to disrupt the
meeting in a manner which was both critical and threatening to the Mayor, and the business of
running the meeting. Jones was warned that any further outbursts would result in his removal.
Subsequently Jones was removed and charged with conduct disrupting the meeting, pursuant
to the local ordinance.
Jones filed suit alleging that his removal constituted a deprivation of his constitutional rights of
free speech and assembly. The trial court found that Jones was silenced because of the content
of his speech, and agreed. On appeal, the Federal Court disagreed. "In our opinion, the
mayor's actions resulted not from disapproval of Jones' message but from Jones' disruptive
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conduct and failure to adhere to the agenda item under discussion." Id. at 1332. In other
words it wasn't what he said, but how he said it, that made the difference.
Several findings were germane to the court's holdings. First, it was a public forum, where
general comments are acceptable, and limitations on speech must be narrow and neutral. Jones
was silenced because of the need to continue the orderly progression of the meeting, rather
than disapproval of his message. Secondly, the Court recognized the right of public bodies to
confine their meetings to specified subject matter by a clearly defined agenda, in the interest of
conducting orderly, efficient meetings. They found the mayor's actions a reasonable attempt to
confine the speaker to the agenda item. "This is a judgment call that a presiding officer and
parliamentarian must make without benefit ofleisure reflection." Id. at 1334. It was Jones
burden to overcome this presumption. Finally there was clearly ample alternative time set aside
for public discussion at the end of the meeting, available to Jones for the exercise of his free
speech.
C-002 Minutes of a meeting:
It is a general rule that minutes of a meeting are the best evidence of what a board or council
did at that meeting. North Beach Yellow Cab Co L Village ofBal Harbour. 135 So. 2d 4
(Fla. 3d. DCA 1961). With regard to allowing extrinsic (available from other sources) or parol
(oral) evidence about the past proceedings of the meetings, the courts have steadfastly held
that an organization speaks through its records, and not through the opinions of the individual
officers. Beck v. Littlefield. 68 So.2d 889 (Fla. 1953).
C-003 Minutes that are silent on a matter or imperfectly kept
There is a clear line of cases which recognize a noticeable exception to the general rule, in C-
002 above, when the minutes are imperfectly drawn or silent as to what was done. Just as
court records are amenable to extrinsic evidence to make them speak the truth, when they are
silent or imperfect. State Ex. ReI. Cordrey v. Holter. 2d.So 2d 139 (Fla. 2d DCA 1973);
City of Coral Gables v. Sackett. 253 So.2d 890 (Fla. 3d DCA 1971).
Both Holter. supra and Sackett. supra. followed the exception set out by the Florida Supreme
Court in Ramsey v. City of Kissimmee. 111 Fla. 387, 149 So. 553 (1933) In that case the
court said: "A distinction is drawn between the right to offer evidence to contradict facts
stated on the record, as from the showing of action taken which was never properly recorded
on the record." Id at 555. Silence on the part of the minutes would not, per se, constitute
proof Holter at 140.
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C-004 Minutes may be corrected at a later date:
Just as there are exceptions to the general rule, so there are also judicially recognized means of
correcting a defective record, if the record has been defectively made through inadvertence or
misapprehension City of Hall and ale v. State of Florida. ex reI. Sage ~ 326 So.2d 202 (Fla
4th DCA 1976) (emphasis added). When attention came to the commission, at a subsequent
meeting, that the yeas and nays of a previous vote were not recorded in the official minutes, as
required by their charter, they amended the official minutes so that they would speak the truth.
In this instance the minutes did reflect that the yeas and nays were taken and that the vote was
unanimous. The amendment was simply to state the truth of a previous action. "The
amendment is by a nunc pro tunc entry, and upon entry of an amendment the record thereupon
has the same force and effect as though originally made as amended." Id. at 203; Ogletree v.
City of Winter Garden, 128 So.2d 437 (Fla. 4th DCA 1961).
C-005 What constitutes a majority vote when there is a quorum present?
There may be a statue that states that certain matters require a majority vote of the entire
membership. If there is no statue or adopted rule, common parliamentary law governs. A
majority of those present and voting is required. Thus if a Board consist of nine persons, a
majority of the entire membership would be five regardless of who was present or not present
or even if there were a vacancy.
An example of a vote of majority of those present and voting would be: on a nine persons
board with only five members present (constituting a quorum, a vote of three persons voting
for a measure would be needed to pass the motion.
In Shaughnessy v. Metropolitan Dade County. 238 So. 2d 466 (Fla. 3d DCA 1970) A zoning
matter came before the Appeals Board after having been deadlocked at the first hearing. The
Board was entitled to continue its public hearing without further notice, having set over the
matter to be voted upon at the next meeting, also an open, public meeting.
At the second hearing, the Board approved the matter by a vote of two to zero, the balance of
the quorum validly abstaining. The rules of the Appeals board require that
". . .no action shall be taken on any application unless a quorum offive (5) members are
present, and only upon a majority vote of all members present and voting. . ." Id. at 467. The
Court noted that it was true that less than a majority of the Board voted to approve. They
noted that pursuant to the Boards' rules a majority constitutes a quorum: "A majority of the
whole number of the members of the Board shall constitute a quorum. No resolution or
motion shall be adopted by the Board without the affirmative vote of the majority of all the
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members present and voting.." Id. at 468 (emphasis added).
The Court, citing Robert's Rules of Order Revised,. sec. 64, p. 257, noted that members of a
board abstaining from voting are counted for purposes of a quorum. The Zoning Board had a
quorum, thus even though the request received only two favorable votes, it was a majority of
those present and voting, in accord with the Board's by-laws and the common law.
The common law rule, followed by many jurisdictions, provides that a member who abstains
from voting is counted as voting with the majority. Reasoning that "If members present desire
to defeat a measure they must vote against it, for inaction will not accomplish their purpose.
Their silence is acquiescence rather than opposition." City of Haven v. Gregg. 766 P.2d 143 at
146 (Kan.1988)
There are other jurisdictions, however, which decline to consider an abstention as an
affirmative vote. State ex reI. Roberts v. Gruber. 231 Or. 494,373 P2d 657 (1962). They
reason that the common-law rule could result in inaction and one-man rule. To avoid this,
some states hold that it does not apply when the statute or rules require affirmative action of
the entire body. Northwestern Bell T.Co v. Board ofCom'rs of Fargo, 211 N.\V.2d
399(N.D.1973); Babyak v. Alten.l06 Ohio App.191, 154 N.E.2d 14 (1958); Payne v.
Petrie.419 S.W. 761 (Ky. 1967). This was in the case in City of Haven v. Gregg. supra. based
upon the legislative requirement that "no ordinance shall be valid unless a maiority of the
members. . .vote in favor thereof Id. at 147. Thus when only two of the five council members
voted for passage, the abstention of one member invalidated the ordinance because the statue
prohibits counting an abstention to vote as affirmative action.
The Florida District court noted, in passing, in City of Coral Gables v. Sackett. 253 So.2d.
890(Fla.3d DCA 1971), that a tie vote of four members, with one member not voting,
effectively defeated passage. The case was reversed upon procedural errors discussed earlier,
but the Court stated that the commission had adopted Robert's Rules of Order,. and required
for passage an affirmative vote of a majority of all the members of the commission. The
abstention was not considered an affirmative vote, breaking the tie, and the matter was
defeated. Id. at 891,893. The entirely different results in Sackett. supra and Shaughnessy.
supra. based upon wording of the governing ordinance, are worth noting.
C-006 Amending rules requiring a 2/3 vote:
A member of the City Council of the City of Chicago proposed a four-part resolution to amend
several of the rules of City Council. Following the Council vote, the Mayor declared that the
resolution passed. 25 Aldermen voted against the resolution and 25 Aldermen and the Mayor
voted in favor of the change. A rule that a vote of two-thirds of the aldermen was necessary to
remove committee chairmen was at issue.
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The common law principle, applicable to both public and private bodies, is that if a majority of
a public body can make a rule imposing a super majority requirement for various actions, a
majority may also amend that rule. Roti v. Washington, 500N.E.2d 463 (Ill. 1st DCA 1986). In
Roti. supra. the Mayor cast the tie-breaking vote of26 to 25, to amend Rule 48. The 25
aldermen argued that the amendment failed because Rule 48 required a vote of two-thirds to
change any rule. The opinion of the court reaffirms the general rule. The power to make
carries with it the right and power to unmake.
Or, as stated in the dissent, "there is no constitutional, statutory or common law rule oflaw
which establishes that a majority of any body cannot nullify what a prior majority of the body
had done. Surely, if one majority created the rule, another majority should be able to nullify
it." Id at 470 (Rissi, PJ. dissenting). Nor could the City Council deprive the mayor of his right
and duty to vote in case of a tie. As a result, the Court held when the Mayor cast the
tie-breaking vote of26 to 25, the Council effectively amended its rule 48. A by-law requiring a
two-thirds vote of members present may itself be altered, amended or repealed by the same
power which enacted it. Supreme Lodge Knights ofPythias v. Trebbe. 179 Ill.348,53 N.E.
730 (1899).
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Bibliography and Suggested Reading
1. Cushing, Luther S., notes by Albert S. Bolles, Ph.D., LL.D., Cushing /s Manual of
Parliamentary Practice, John C. Winston Company, Philadelphia, Penn., 1928.
2. Demeter, George, Demeter's Manual of Parliamentary Law and Procedure, Blue Book
Edition, Little, Brown and Company, Boston, Mass., 1969.
3. Jefferson, Thomas, A Manual of Parliamentary Practice: composed originally for the
use of the Senate of the United States, by Thomas Jefferson, 1858 edition.
4. Jefferson, Thomas, Jefferson's Parliamentary Writings, "Parliamentary Pocket-Book"
and A manual of Parliamentary Practice, edited, Francis L. Berkeley, Jr., et ai,
Princeton University Press, Princeton, N.J., 1988
<.)
5. American Society of Legislative Clerks & Secretaries, Mason's Manual of Legislative
Procedure, West Publishing Co., St. Paul, Minn.,1989 edition.
6. Robert, Sarah Corbin, et ai, Robert's Rules of Order Newly Revised, Scott, Foresman
and Company, Glenville, D1inois, 1990 edition.
7. Sturgis, Alice, Sturgis Standard Code of Parliamentary Procedure, third edition,
McGraw-Hili Book Company, New York, 1988.
8. Edit, Bosmajian, Haig, Readings in Parliamentary Procedure, Harper & Row, N.Y.,
N.Y., 1968
9. Hutson, James H., To Make All Laws, The Congress of the United States, 1789-1989,
Library of Congress, Washington D.C., 1989.
10. Robert, Henry M., Parliamentary Law, Bicentennial Edition, Irvington Publishers Inc.,
New York, 1975
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About the Author
Randi Sutphin is a practicing Professional Registered Parliamentarian with
the National Association of Parliamentarians and the Florida State
Association of Parliamentarians and a member of the Academy of
Parliamentary Procedure and Law. She is president of Agenda .
Associates, Parliamentary Consultants, based in Orlando, Florida.
Randi has had twenty years of experience as a:
Meeting and Convention Parliamentarian: Consultant on agenda,
committees, officer reports, minutes and advisor to the Presiding officer and members.
Professional Presider: Non partisan professional presiding.
Consultant to Governmental Bodies: Individual training, seminars for governmental agencies,
writing of rules of procedure for Governmental bodies.
Bylaw consultant: Advisor to organizations, business or governmental bodies on writing and
revising bylaws, constitutions and rules for governmental bodies..
Speaker, Workshops, Seminars: Teach Parliamentary Procedure in class room style, workshops
and seminars to organizations, workshops and seminars to Colleges and Universities, governmental
bodies, guest speaker for meetings and dinner meetings. Provided instruction in procedure for
Professional Parliamentarians for the National Association of Parliamentarians and the
Academy of Parliamentary Procedure and Law.
Written opinions: Professional research on specific questions/and or problems.
Has served as Parliamentarian for: Local, State, National and International organizations
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Index
Absolute power ......................... 5
Addressing the Chair . . . . . . . . . . . . . . . . . . .. 26
Adhere ............................ 50, 56
Adjourn ............. ...15,20,23,43,48,50
Adopt . . . . . . . . . . . . . . . . . . . . . . . . . .. 5, 29, 50
Affirmative vote. . . . . . . . . . . . . .. 10,50,57,58
Agenda. . . .. 13-15,22,28,32,37-38,43,45,55
AJnend ....... 10-12,20,43,44,46,47,58,59
Appeal from the decision of the chair . . . . . . .. 9
Appendix A: Forms and Examples . . . . . .. 5,32
Appendix B: Terms . . . . . . . . . . . . . . . . . . . .. 50
Appendix C: Court Cases ................ 55
Approving the Minutes .................. 28
Bibliography .......................... 60
Board. . . . . . . . . . . 1-4, 13, 15,24,25,27,29,34
Business................... 1-4,10,17-19,22
Bylaws ..... . . . . . . . . . . . . . . . . . . .. 18,34,50
Chair. . . . . . 2, 7, 9, 17,22,23,25,26,30,36,40,47
ChahYnan .......2,9,22,23,26,29,32,35,36
Charter . . . . . . . . . . . . . . . . 22, 35, 36, 50, 52, 57
Classes of motions . . . . . . . . . . . . . . . . . . . . . .. 6
Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,37-38
Close debate . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Committee Report .............. . . . .. 29,30
Committees ......... 14,22,28-30,33,41,54,
Common Law................... 1,2,58,59
Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Consent Agenda. . . . . . . . . . . . . . . . .. 22, 32, 38
Convene . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Court Cases ........................... 55
Cushing ........................... 47, 60
Debate.............. 1,3,7,23-25,33,41,51
Decorum in debate. . . . . . . . . . . . . . .. 25,33,41
Demand.............................. 51
Demeter .............................. 60
Dilatory motions ..................... 9, 51
Discretionary Duty . . . . . . . . . . . . . . . . . . . . .. 51
Effective Committees ................... 28
Examples of Debating . . . . . . . . . . . . . . . . . .. 26
Extend ............................ 13,20
Fundamentals . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
General Consent.. .. ........ 10,18,43,48,51
Germane. . . . . . . . . . . . . .. 10,11, 15,44,51,56
Hostile AJnendment . . . . . . . . . . . . . . . . . . . .. 52
Improper amendments . . . . . . . . . . . . . . .. 11, 44
Incidental motions. . . . . . . . . .. 6, 17,21,43,47
Individual rights . . . . . . . . . . . . . . . . . . . . . . . .. 5
Invariable in Wording ................... 52
Issue . . . . . . . . . . . . . . . . . . . . . .. 3-5,24-26,46,
Jefferson........................ 22,55,60
Lay on Table .......................... 20
Limit or extend limits of debate ........ 13,20
Main motion. . . . . . .. 6, 7, 10-13,20,43,44,48
Majority vote . . . . . . . . . . . . . . . . . . . . . 3-5,9,57
Mason's Manual . . . . . . . . . . . . . . . . . . . . .. 8, 60
Meetings. . . . . . . . . . .. 1,2,22-28,32,35-49,56
Members ............. 1-10,25,35-43,57-59
Minority. . . . . . . . . . . . . . . . . . .. 4,9, 14,30,55
Minority report. . . . . . . . . . . . . . . . . . . . . . . ., 30
Minutes ..................... 27-30,56,57
Motions and Their Uses. . . . . . . . . . . . . . . . .. 10
Not in order ......................... 9,16
Objection...... .. .... 9,18,21,37,43,51,52
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Official record ................... 28,37,50
Orders of the day. . . . . . . . . . . . . . . . . . .. 15,20
Ordinances . . . . . . . . . . . . . . . . . . . . . . .. 5, 8, 27
Parliamentarian........ ....... ... 31,33,49
Parliamentary Authority ....... 5, 8, 33, 49, 52
Parliamentary Law. . . . . . . . . . . . 1,47,50,57,60
Pending question. . . . . . . . . . . . . . . .. 13,23,52
Point of Order ................... 17, 21, 47
Postpone indefInitely . . . . . . .. 10, 13, 20, 45, 46
Postpone to a certain time. . . . . . . . . . . . . . .. 14
Precedent ........................... 1, 53
Presiding ................. 22-24, 36, 55, 56
Previous Question ................ 14,20,45
Principles . . . . . . . . . . . . . . . . . . .. 1,2,5, 18,50
Privileged motions . . . . . . . . . .. 6, 15, 17, 20,48
Procedure........ 1-3,5,32,35,52,54,55,60
Proper respect .......................... 2
Public. . . . . . . . . . .. 2,24-26,33,40,55-57,59
Putting the main motion on the floor . . . . . . . .. 7
Quorum ........... 2,4,27,32,35,53,57,58
Rank.. .... .. ....'.... ... 6,10,17,43,47,53
Read a paper ....................... 19,21
Recess ............. 15,20, 35, 38, 43, 48, 49
Recommendations ....... .......... 8,29,30
Reconsider. . . . . . . . . . . 3,16,21,43,46,47,53
Reports. . . . . . . . . . . . . . . . . .. 27,29,37,38,61
Request .............. 24" 37, 38, 41, 53, 58
Rescind. . . . . . . . . . . . . . . . . .. 16,21,43,47,53
Resolution .......... 11, 18,43,48,53,57,58
Respectfully submitted ............... 28, 30
Rights. . . . . . . .. 1, 3-6, 8,22-24, 35, 36, 53, 55
Robert's Rules of Order . . . . ., 10, 16,49,58,60
Roll call ............ 3, 7, 9, 27, 33, 37, 39, 53
Rules ........... 1-3,5, 16,32,34,55,58,60
Rules of debate ......................... 1
Rules of order ....... 10,16,17,20,21,25,29,
42,49,58,60
Ruling.............. 17,18,25,40,47,48,54
Second ........................ 7,8,54,57
49,54,57
Seriatim ..................... 18, 21, 48, 54
Servant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Silence ....................... 5, 55, 56, 58
Speak against . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Speak in favor ......................... 26
Speaking. . . . . . . . . . .. 17,26,33,40,42,47,55
Special meeting ..................... 27,35
Statutes. . . . . . . . . . . . . . . . .. 5, 9, 23, 25, 34, 40
Sturgis, Alice . . . . . . . . . . . . . . . . . . . . . . . . .. 60
Subsidiary motions ............. 6, 10, 14,20
Suspend the rules. . . . . . . . . . . . . . . . . . . . . .. 18
Take from the table ......... 14, 17,21,45,46
Terms . . . . . . . . . . . . . . . . . . . . . .. 25,29,41, 50
The Meeting . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Tie vote ................ 9, 18,39,48,54,58
Two-thirds vote ... . . . . . . . . . . . . . . . . . . . .. 59
Unanimous consent ..................... 54
Understanding the Principles . . . . . . . . . . . . : .. 2
UnfInished Business .................... 54
Unrestrained power ...................... 5
Voice vote ................. 9, 19,37,39,54
Vote 1,3-4,7-9,21-22,26,36,39,40,54,57,58
Voting (on motions see Motion see Chart I and II)
Wisdom County. . . . . . . . . . . . . . . . . . . . . .34-37
Withdraw a motion ............... 18, 21, 48
Writing rules ........................ 5, 16
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