~ Rules of Order ~
[By: W∴ Bert Bautista]
Q: How can I get an item into the agenda?
A: It is wrong to assume, as many do, that the president "sets the agenda." It is common for the president to prepare a proposed agenda, but that becomes binding only if is adopted by the association.
For a proposed agenda to become the official agenda for a meeting, it must be adopted by the assembly at the outset of the meeting. At the time that an agenda is presented for adoption, it is in order for any member to move to amend the proposed agenda by adding any item that the member desires to add, or by proposing any other change.
Q: Will a quorum that was established before the meeting continue to exist even if many members leave during the course of the meeting?
A: No. Once a quorum at a meeting has been established, the continued presence of a quorum is presumed to exist only until the chair or any other member notices that a quorum is no longer present. If the chair notices the absence of a quorum, he should declare this fact, at least before taking any vote or stating the question on any new motion. The new FILMAGS constitution allows for waiving the quorum.
Language: "Bro. President, point of order."…"It appears that we lost the quorum. I move that we invoke the provision of Article IV, Section A of the Constitution that waives this requirement."
Q: What does the law state related to quorum?
A: A full citation of RCW 24.03.090 on Quorum states:
"The bylaws may provide the number or percentage of members entitled to vote represented in person or by proxy, or the number or percentage of votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of any such provision, members holding one-tenth of the votes entitled to be cast represented in person or by proxy shall constitute a quorum. The vote of a majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present, shall be necessary for the adoption of any matter voted upon by the members, unless a greater proportion is required by this chapter, the articles of incorporation or the bylaws."
Q: What does the law state related to the use electronic media in announcing meetings?
A:
RCW 24.03.009 states:
Notice by electronic transmission -- Consent required -- When effective.
(1) A notice to be provided by electronic transmission must be electronically transmitted.
(2) Notice to members and directors in an electronic transmission that otherwise complies with the requirements of this chapter is effective only with respect to members and directors who have consented, in the form of a record, to receive electronically transmitted notices under this chapter.
(a) Notice to members and directors includes material that this chapter requires or permits to accompany the notice.
(b) A member or director who provides consent, in the form of a record, to receipt of electronically transmitted notices shall designate in the consent the message format accessible to the recipient, and the address, location, or system to which these notices may be electronically transmitted.
(c) A member or director who has consented to receipt of electronically transmitted notices may revoke the consent by delivering a revocation to the corporation in the form of a record.
(d) The consent of any member or director is revoked if the corporation is unable to electronically transmit two consecutive notices given by the corporation in accordance with the consent, and this inability becomes known to the secretary of the corporation or other person responsible for giving the notice. The inadvertent failure by the corporation to treat this inability as a revocation does not invalidate any meeting or other action.
(3) Notice to members or directors who have consented to receipt of electronically transmitted notices may be provided notice by posting the notice on an electronic network and delivering to the member or director a separate record of the posting, together with comprehensible instructions regarding how to obtain access to this posting on the electronic network.
(4) Notice provided in an electronic transmission is effective when it: (a) Is electronically transmitted to an address, location, or system designated by the recipient for that purpose, and is made pursuant to the consent provided by the recipient; or (b) has been posted on an electronic network and a separate record of the posting has been delivered to the recipient together with comprehensible instructions regarding how to obtain access to the posting on the electronic network.
Q: What is the definition of “motion”?
A: A motion is a formal proposal by a member, in a meeting, that the group take certain action. No motion is in order when it conflicts with the constitution, by-laws, standing rules, or resolution of the assembly.
Language: "I move that …"
Q: What is seconding a motion?
A: When one member has made a main motion, it must be seconded in order to be considered by the group. This shows that at least two members want the proposal considered; it does not necessarily mean the seconder agree with the motion. If there is no second, the motion is not put before the group for discussion or decision.
Q: What are the end goals of a process of a motion?
A: The end goals of a motion are only two: carried (passed) or lost (failed).
Language: "The motion is carried." "The motion is lost".
Q: If there are only two goals, how then do you classify a motion that was rescinded (withdrawn, postponed), committed?
A: The goal remains the same, carried or lost. Even if one is withdrawn by the mover.
Q: Who can withdraw the motion?
A: Only the mover can withdraw the motion.
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C. TYPES OF MOTIONS (For details see APPENDIX A) |
Q: What are the different types of motions?
A: Main motion, subsidiary motions, motions (question) of privilege, privileged motions, incidental motions.
Q: What is a main motion (aka principal motion)?
A: A main motion is one whose introduction
brings business before an assembly. [RONR (10th ed.), p. 95-120.].
Strictly speaking, here should be no debate on a matter before a motion
regarding it has been made. Only one main motion may be before the assembly for
action at a time.
A main motion takes precedence over nothing. It yields to all privileged,
incidental, and subsidiary motions, any one of which can be made while a main
motion is pending.
A: A secondary motion is one that interrupts a main motion. Commons examples are a motion to recess or a motion to amend the main motion.
Q: What is a subsidiary motion?
A: A subsidiary motion is one that takes precedence over a main motion. Subsidiary motions assist the assembly in treating or disposing of a main motion (and sometimes other motions.)
Q: What are the different types of subsidiary motions?
A: Motion to commit, motion to postpone indefinitely, motion to postpone on a specified time.
A: When a main motion has been stated by the chair, it is said to be pending or commonly known “on the floor”. It is then before the group for debate and action. Debate means discussion on the merits of the question – that is, whether the proposed action should or should not be taken.
A: The exchange of questions and answers by opposing side is not a debate. The expression of agreement or disagreement on a motion on the floor is a debate.
Q: Are there speech limits to a debate?
A: The Association can set their own rules to limit the speech, say to three minutes, per speaker and the number speaking for an against. The standard time followed by most organizations is ten minutes. In this case, one cannot “yield the floor” to let someone else use the time. Use the ten or lose it! The RRO states that one may speak twice on a debatable motion. .
Q: Who gets preference in a recognition to debate?
A: As a general rule, the chair should designate to speak. Normally, the member who made the motion speaks first, followed by one who opposes the motion. Alternate sides of the issue thereafter follows.
Q: What are the general manners in a debate?
A: Stick to the subject and debate issues not personalities.
Q: What are the acceptable interruptions during a discussion?
A: Point of information to solicit more information from the mover and Point of Order to address violation of the rules of order.
Q: Is it true that the president can vote only to break a tie?
A: No, it is not true that the President can vote only to break a tie. The President, as a member of the assembly has exactly the same rights and privileges as all other members have, including the right to speak in debate and the right to vote on all questions. However, the impartiality required of the presiding officer of an assembly precludes exercising the right to debate while presiding, and also requires refraining from voting except (a) when the vote is by ballot, or (b) whenever his vote will affect the result.
Q: When will the chair's vote affect the result?
A: On the vote that is not by ballot, if a majority is required and there is a tie, he may vote in the affirmative to cause the motion to prevail. If there is one more in the affirmative than the negative, the president can create a tie by voting in the negative to cause the motion to fail. Similarly, if two thirds vote is required, he may vote either to cause, or to block, attainment of the necessary two thirds.
Q: What is majority vote? How is the number determined?
A: Majority simply means more than half. The key phrase is "more than half". "Fifty percent plus one" shall not be used as a definition as this results to confusion such as when the total number of voters is an odd numbers. If there are 57 members where 50% is 28.5 votes. "Fifty percent plus one" needs at least 30 votes and while a simple "majority" of that is just 29 votes.
Q: What is plurality vote?
A: Plurality vote is the largest number of votes (which may be less than the majority) when there are three or more alternatives. Plurality vote is commonly used in US elections except in presidential elections. In this type, the results may not be the majority vote. Under the RRO, plurality votes are not sufficient if decisions require a majority vote. In an election, the vote maybe repeated until the winner gets a majority for mandate.
Q: How does one determine the number for a two thirds vote requirement?
A: Two thirds vote means at least two thirds. Nothing less will do. The key phrase is "at least." Rounding off a fraction is not acceptable. If there are 58 members, two thirds of that is equal to 19.3333. Nineteen is less than two thirds and hence does not qualify. In this case at least two thirds vote is 20 because there is no such being as 0.333 votes.
Q: What are the "two forms of two thirds votes"?
A: There are two forms of the two thirds vote:
a) A "two thirds of the entire membership" requires a number computed from the entire membership who are eligible to vote (the regular members only). A fix number is determined if the membership number is constant.
b) A "two thirds of those who are eligible to vote and are present in a quorum" require a number of those eligible to vote and physically present in a quorum. The number is determined only after roll call, which may be variable from session to session.
Q: What "unanimous consent" vs. a vote?
A: If the procedures are a nuisance because there are no opposition to the motion or issue on the floor, a unanimous consent can be used. Unanimous consent enables a motion to be adopted or some action to be taken without the necessity of having the chair state the question in motion and put the motion into a vote. It even permits taking action without the formality of a motion being made at all. The chair simple asks the assembly if there is no objection to taking the desired action and if not member objects, the chair declares the action has been agreed to.
Q: What is absentee balloting?
A: Absentee balloting is when an eligible voter casts his vote by mail provided by the association-approved ballot and then postmarked on or before a specified date.
Q: When should proxy votes be allowed?
A: A "proxy" is a means by which a member who expects to be absent from a meeting authorizes someone else to act in his behalf. Proxy voting is not permitted in ordinary deliberative assemblies unless federal, state or other laws applicable to the society require it, or the bylaws of the association authorizes it. As a consequence, the answers to any questions concerning the correct use of proxies, the extent of the power conferred by a proxy, the duration, revocability, and so forth, must be found n the provisions of the law or bylaws which require or authorize their use.
Q: What is the difference between "abstain from voting" and "blank ballots"?
A: "Abstaining" is an act of not casting a vote at all and normally not counted. A "blank ballot" is a vote cast with no answers/selections. All spoiled ballots are counted as ballots cast.
Q: Do abstention votes count?
A: An abstention is a refusal to vote. To abstain means to refrain from voting, and as a consequence, there is no such thing as an "abstention vote". This should be differentiated from a blank vote (ballot was cast with no answer).
Q: What are effects of abstentions?
A: In the usual situation, where either a majority vote or two thirds vote is required, abstentions have absolutely no effect on the outcome of the vote since what is required is either a majority or two thirds of the votes cast. On the other hand, if the vote required a majority or two thirds of the members present, or a majority or two thirds of the entire membership, an abstention will have the same effect as a "no" vote". Even in such case, however, an abstention is not a vote.
Q: Can the Association adapt a rule that provides three choices in a categorical yes or no vote?
A: Yes, the Association can create their own rule for as long as this is conforms with the corporate law of Washington State. However, simply, "yes" is "yes" and "no" is "no" and a "maybe" is not an option. The motion is either carried (affirmative) or lost (negative). Adding a third choice is simply denying the members who have analyzed and made up their mind to vote on an issue on the floor. A third choice simply means that the issue is unclear to some and therefore the recourse is to introduce a subsidiary motion to postpone the vote. Another recourse is for members to abstain from voting if they do not understand fully the motion on the floor.
Q: What is a "vote of no confidence"?
A: The term "vote of no confidence" is not used or defined anywhere in the RONR, and there is no mention of any motion for such vote. However, this does not mean that the association cannot adopt a motion, if it wishes, expressing either its confidence or lack of confidence in any of its officers or members. Any such motion would simple be a main motion, and would have no effect other than to express the association's views concerning the matter. A vote of "no confidence" does not – as it would in the British Parliament – remove an officer from an office.
Q: What is censure?
A: Censure is (1) condemning as wrong; strong disapproval and (2) a judgment or resolution condemning a person for misconduct; specifically an official expression of disapproval passed by the association.
Q: Is it not necessary to summarize matters discussed at a meeting in the minutes of that meeting in order for the minutes to be complete?
A: Not only is it necessary and acceptable to summarize matters discussed at a meeting in the minutes of that meeting, it is proper to do so. Minutes are records of what was done at a meeting, not a record of what was said.
Q: How can we get rid of officers we don't like before their term is up?
A: It depends. If the bylaw just state a fixed term for their officer such as "one year" or if they say the officer serves for a specified term "and until a successor is elected", then the group must use formal disciplinary proceedings, which involve the appointment of an investigating committee, and the conduct of a formal inquiry.
Q: What is the difference between an application and a petition?
A: A petition is actually an application in writing, made to the association containing the grounds upon which relief or a request is sought. This shall also denote a declaration which commences a proceeding by the membership. There are two petitions currently in place in the Association: Petition for Membership and Petition for Mediation.
From pages 124 to 131 of the Rober’s Rules of Order Newly Revised
Subsidiary motions assist the assembly in treating or disposing of a main motion (and sometimes other motions.)
1) If an embarrassing main motion has been brought before the assembly, a member can propose to get rid of this question without bringing it to a, direct vote, by moving to Postpone Indefinitely. [RONR (10th ed.), p. 121-24.]
2) If a main motion might be more suitable or acceptable in an altered form, a proposal to change its wording (either to clarify or, within limits, to modify the meaning) before the main motion is voted on can be introduced by moving to Amend. [RONR (10th ed.), p. 125-60.]
3) But it may be that much time would be required to amend the main motion properly, or that additional information is needed, so that it would be better to turn the motion or resolution over to a committee for study or redrafting before the assembly considers it further. Such action can be proposed by moving to Commit the main question - or Refer it to a committee. [RONR (10th ed.), p. 160-71.]
4) If the assembly might prefer to consider the main motion later in the same meeting or at another meeting, this can be proposed by moving to Postpone to a Certain Time-also called the motion to Postpone Definitely, or simply to Postpone. [RONR (10th ed.), p. 172-83.]
5) If it is desired to continue consideration of a motion but debate is consuming too much time, a member can move to place a limit on the debate. On the other hand, if special circumstances make it advisable to permit more or longer speeches than under the usual rules, a motion to do so can be made. Or, it may sometimes be desirable to combine the elements of limitation and extension, as in limiting the length of speeches but allowing more speeches per member. All such modifications of the normal limits of debate on a pending motion) are proposed by means of the motion to Limit or Extend Limits of Debate. [RONR (10th ed.), p. 183-89.)
6) If it is desired to close debate and amendment of a pending motion so that it will come to an immediate vote, this can be proposed by moving the Previous Question. [RONR (10th ed.), p. 189-201.]
7) If there is reason for the assembly to lay the main motion aside temporarily without setting a time for resuming its consideration, but with the provision that it can be taken up again whenever a majority so decides, this can be proposed by the motion to Lay on the Table. [RONR (10th ed.), p. 201-10.]
Unlike subsidiary motions, privileged motions do not relate to the pending business, but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else.
1) If the adopted program or order of business is not being followed, or if consideration of a question has been set for the present time and is now in order but the matter is not being taken up, a single member, by making a Call for the Orders of the Day [RONR (10th ed.), p. 211-16.], can require such a schedule to be enforced-unless the assembly decides by a two-thirds vote to set the orders of the day aside.
2) If a pressing situation is affecting a right or privilege of the assembly or of an individual member (for example, noise, inadequate ventilation, introduction of a confidential subject in the presence of guests, etc.), a member can Raise a Question of Privilege [RONR (10th ed.), p. 216-22.], which permits him or her to interrupt pending business to state an urgent request or motion. If the matter is not simple enough to be taken care of informally, the chair then makes a ruling as to whether it is admitted as a question of privilege and whether it requires consideration before the pending business is resumed.
3) A short intermission in a meeting, even while business is pending, can be proposed by moving to Recess [RONR (10th ed.), p. 222-25.] for a specified length of time.
4) A member can propose to close the meeting entirely by moving to Adjourn. [RONR (10th ed.), P, 225-34.] This motion can be made and the assembly can adjourn even while business is pending, provided that the time for the next meeting is established by a rule of the society or has been set by the assembly.
5) Under certain conditions while business is pending, the assembly-before adjourning or postponing the pending business-may wish to fix a date and hour, and sometimes the place, for another meeting, or (in an established society) for another meeting before the next regular meeting. In cases of this kind, the motion to Fix the Time to Which to Adjourn [RONR (10th ed.), p. 234-39.] can be made--even while a matter is pending - unless another meeting is already scheduled for later within the same session.
Incidental motions relate, in different ways, to the pending business or to business otherwise at hand.
1) Although the presiding officer has the responsibility of enforcing the rules, any member who believes he or she has noticed a case where the chair is failing to do so can call attention to it by making a Point of Order [RONR (10th ed), p. 240-47.] at the time the breach occurs. The effect is to require the chair to make a ruling on the question involved.
2) Although the duty of ruling on all questions of parliamentary procedure affecting the assembly's proceedings rests with the chair, any two members, by moving and seconding an Appeal [RONR (10th ed.), p. 247-52.] immediately after the chair has made such a ruling, can require him or her to submit the matter to a vote of the assembly.
3) When it is desired that the assembly take up a question or do something that would be in violation of a rule that applies, it can be proposed in some cases to Suspend the Rules [RONR (10th ed.), p. 252-58.] to permit accomplishment of the desired purpose.
4) If an original main motion* has been made and a member believes that it would do harm for the motion even to be discussed in the meeting, he or she can raise an Objection to the Consideration of a Question [RONR (10th ed.), p. 258-61.], provided he or she does so before debate has begun or any subsidiary motion has been stated by the chair; the assembly then votes on whether the main motion shall be considered (and if there is a two-thirds vote against consideration, the motion is dropped).
*Main motions actually fall into two subclasses, original main motions and incidental main motions (which are different from incidental motions). Original main motions are the ordinary substantive type we have discussed in this book. For an explanation of the two kinds of main motion, see RONR (1c1' ed.), p. 95-97.
5) If a pending main motion (or an amendment to it) contains two or more parts capable of standing as separate questions, the assembly can vote to treat each part individually in succession. Such a course is proposed by the motion for Division of a Question. [RONR (10th ed.), p. 261-66.]
6) If the main motion is in the form of a resolution or document containing several paragraphs or sections which (although not separate questions) could be most efficiently handled by opening each paragraph or section to amendment one at a time (before the whole is finally voted on), such a procedure can be proposed by the motion for Consideration by Paragraph or Seriatim [RONR (10th ed.), p. 266-70.]
7) If a member doubts the accuracy of the chair's announcement of the result of a voice vote (or even a vote by show of hands ) - or doubts that a representative number of persons voted-he can demand a Division of the Assembly [RONR (10th ed.), p. 270-73.]; a single member thus has the power to require a standing vote but not to order a count, which only the chair or the assembly can do (see next item).
8) A member can move that a vote be taken (a) by ballot, (b) by roll call, or (c) by a counted standing vote, especially if a division of the assembly has appeared inconclusive and the chair neglects to order a count. This grouping also includes a motion (d) that the polls be closed or reopened in a ballot vote. All these motions are grouped under the heading of Motions Relating to Methods of Voting and the Polls. [RONR (10th ed.), p. 273-75.]
9) If the bylaws or rules of the organization do not prescribe how nominations are to be made, and if the assembly has taken no action to do so prior to an election, any member can move while the election is pending (a) to specify one of various methods by which the candidates shall be nominated; or, if the need arises, (b) to close nominations, or (c) to reopen them; these are the Motions Relating to Nominations. [RONR (10th ed.), p. 275-77.]
10) A member may Request to Be Excused from a Duty [RONR (10th ed.), p. 277-80.] if he or she wishes to be relieved from an obligation imposed upon him or her by the bylaws or by virtue of some position or office he or she holds.
11) There are several other types of Requests and Inquiries [RONR (10th ed.), p. 280-88.] which a member can make in connection with business that someone desires to introduce, or that is pending or has just been pending. These include:
a) Parliamentary Inquiry - a request for the chair's opinion on a matter of parliamentary procedure as it relates to the business at hand-not involving a ruling. [RONR (10th ed.), p. 281-82.]
b) Point of Information - an inquiry as to facts affecting the business at hand-directed to the chair or, through the chair, to a member. [RONR (10th ed.), p. 282-83.]
c) Request for Permission (or Leave) to Withdraw or Modify a Motion after it has been stated by the chair. [RONR (10th ed.), p. 283-86.]
d) Request to Read Papers. [RONR (10th ed.), p. 286-87.]
e) Request for Any Other Privilege. [RONR (10th ed.), p. 287-88.]
The first two types of inquiry are responded to by the chair, or by a member at the direction of the chair; the other requests can be granted only by the assembly.
F. MOTIONS THAT BRING A QUESTION AGAIN BEFORE THE ASSEMBLY
Motions That Bring a Question Again Before the Assembly, either by their adoption or by their introduction, enable the assembly for good reason to reopen a completed question during the same session, or to take up one that has been temporarily disposed of, or to change something previously adopted and still in force.
1) If it is desired to resume consideration of a main motion which lies on the table, it can be proposed by means of the motion to Take from the Table [RONR (10th ed.), p. 289-93.] that the motion or series become pending again.
2) If it is desired to nullify something that has been adopted, such action can be proposed by means of the motion to Rescind (or Repeal, or Annul); and by another form of the same parliamentary motion-that is, the motion to Amend Something Previously Adopted - it can be proposed to modify only a part of the wording or text previously adopted, or to substitute a different version. [RONR (10th ed.), p. 293-99.]
3) If a question has been referred, or a task has been assigned, to a committee that has not yet made its final report and it is desired to take the matter out of the committee's hands, either so that the assembly itself can consider or act upon it or so that it can be dropped, such action can be proposed by means of the motion to Discharge a Committee. [RONR (10th ed.), p. 299-304.]
4) If, in the same session that a motion has been voted on, but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will be the assembly, a member who voted with the prevailing side can, by moving to Reconsider [RONR (10th ed.), p. 304-21.] the vote, propose that the question shall come before the assembly again as if it had not previously been considered.