Presented by the Coon Rapids City Attorney’s Office © 2012 Robert’s Rules There will be a test. Presented by the Coon Rapids City Attorney’s Office © 2012

Question 1. The Chair calls the meeting to order and asks for a motion to adopt the agenda. That motion is made and seconded, but a vote to pass the motion fails by a 4-3 vote (local rules says supermajority needed). What are the options? A. Adopt the agenda anyway. Robert’s Rules only requires a simple majority. B. Allow a motion to reconsider by one who had voted to pass. C. If a motion to adjourn is made, rule that it is out of order. D. Wait for another motion. A motion to adopt must pass by a simple majority, UNLESS otherwise provided by your internal rules. Only a person on the prevailing side (here, the 3) can make a motion to reconsider (the “Sour Grapes Rule”). A motion to adjourn can be made at any time. Another motion might be made to adopt just a portion of the agenda.

Question 2. In spite of best efforts, no additional motion is made, and, in disgust, everyone but the Chair leaves the room. What action can the Chair take? A. Call the first item on the agenda IF the board’s internal rules do not require that an agenda be adopted. B. Make a motion to adjourn, and vote on it even without a second. C. Wait for a time in case a quorum returns to the meeting. D. None of the above. Without a quorum, the Chair cannot conduct business, but could adjourn the meeting. B is therefore correct. Most boards, however, have internal rules stating that such a motion cannot be made until a set number of minutes have passed. For that reason, C is correct as well.

Takeaways Questions 1 and 2. 1. The point of the rules is to allow business to be done fairly and efficiently, allowing orderly presentation and deliberation on ideas. 2. RULE: You can't do business without a quorum, except to adjourn. 3. RULE: Local rules trump Robert's Rules. 4. Be flexible to try to do some business, even with a political crowd. 5. Be aware that there has been public notification of official meetings, and they should not be adjourned without thought.

Question 3. During a meeting, one of the commissioners yells “Point of Privilege,” interrupting another speaker who has the floor. What should the Chair do? A. Ask the commissioner what the problem is. B. Ignore the commissioner, because this happens all the time. C. Rule the commissioner out of order, and allow the speaker to continue. (“Point of Privilege” is not a proper motion.) D. Do nothing further unless there is a second to the Point of Privilege. Points of Privilege or Order can be made any time; they are never out of order. Privilege is often made for a procedural reason of high order, such as a problem with the sound system keeping someone from hearing the proceedings. B is not way out of line, however, because a participant can delay the proceedings if it is continually made. A Point of Privilege or Order requires no second.

Takeaways Question 3. 1. The point of rules is to insure that everyone knows what's going on and can participate. 2. Rules also allow a large number of people to deliberate efficiently on topics before them. 3. The Chair often needs to balance the need to accommodate individual needs with the need of the group to get business done. 4. RULE: Most Motions require a Second, most Points do not.

Question 4. During deliberation on a city-initiated request to rezone an Office-zoned parcel to Residential, a member makes a proper motion to approve the rezoning, but instead to General Commercial. How should the Chair proceed? A. Without debate, rule the commissioner’s motion out of order. B. If a second is made, caution the commission that any vote to approve would need to be by a supermajority (an “upzoning”). C. Require a vote on the city’s request, but if it is approved, allow a motion to reconsider the General Commercial motion later in the meeting. D. Require a motion to amend the agenda item first. A rezoning must be properly noticed to the public; therefore substantial changes to the noticed item cannot be made. Even if a motion to amend the agenda had been made at the beginning of the meeting, it would be an out-of-order content change to the agenda.

Takeaways Question 4. 1. Remember that you can only deliberate on items that have had official notice (when required by law). 2. Agenda items should be added only if properly noticed. Commissions should count on staff to make sure that notice provisions have been met. 3. RULE: Most motions require only a simple majority of those voting on the motion.

Question 5. After lengthy deliberation of a motion on a complicated case, one commission member says “Call the Question!” There is no second, and the rest of the members fall silent. How should the Chair proceed? A. Treat the statement as a motion to close debate and require a second before proceeding further. B. If a second is made, allow debate whether deliberations should be closed. C. Informally inquire of the commission if debate should be closed. D. Rule the “motion” out of order. A “Call the Question” can be treated as a motion to close deliberation, which normally requires a second, and is not debatable. The Chair, however, can allow deliberation informally to be closed if it appears no one else wants to speak on the motion. C is the better answer.

Takeaways Questions 5. 1. A Chair needs to balance the majority vs. the minority - depending on the way the rules are made, either can be a "tyranny.” 2. In most deliberative bodies, it is fairly easy to determine when meaningful debate is done, but be careful when ruling on based on content vs. time, repetition. 3. Don’t allow a member to “bully” the assembly.

Question 6. A motion is made and seconded to approve a residential site plan with conditions. During deliberation, another commissioner moves to amend the main motion to include a controversial sidewalk, and that motion receives a second. What should the Chair do? A. Require a vote first on the change, then the original item. B. If the motion to amend is approved unanimously, move on to the next item. There is no need to vote on the original motion. C. Allow the motion to go forward, but without debate because it is procedural. D. Allow a “friendly amendment” ONLY if the motioner and seconder agree. A motion to amend a main motion is debatable and, if approved, only changes the original motion, which must be voted on separately. A “friendly” amendment requires unanimous consent (!)

Question 7. After a number of confusing but proper amendments, substitutions, and divisions of an original motion, an obviously distraught member says “Motion to start all over!” and receives a second. What should the Chair do? A. Rule the “motion” out of order. B. Allow a vote on the “motion,” but require a 2/3 vote. C. Require the City Attorney to provide a synopsis of the current motion on the floor (hint: this is not the right answer). D. Allow ONLY if there is unanimous consent to this “friendly” amendment after debate. This could be taken as a motion to suspend the rules, which can be done in extraordinary conditions where strict application of the rules are not promoting effective deliberation. It does, however, require a 2/3 vote. Chances are your attorney is just as confused as you are.

Takeaways Questions 6 and 7. 1. Take care not to usurp the rules, but don't be hostage to them either, if they aren't helping to make deliberations just and efficient. 2. RULE: Most motions require debate. The exceptions are usually where debate would thwart the whole point of the motion (e.g. motion to adjourn, recess, close debate, withdraw, modify, suspend the rules). 3. RULE: Most motions are amendable. Exceptions are usually “Yes-No” questions (adjournment, close debate (except for time), point of order, appeal of Chair).

Question 8. During the public hearing on a proposed change of parcel from Office to Community Commercial, the developer tries to present a site plan of the “beautiful” strip mall they claim they will propose. The Chair should: A. Allow the presentation. This is a public hearing. B. Allow or disallow the presentation after voting on a proper motion. C. Rule the presentation out of order and instruct the members to disregard the proposal. D. Instruct the members to disregard, and allow a motion to strike the material from the public record. Even in a public hearing, the Chair can instruct to disregard if matters are inflammatory or prejudicial to the proceedings. This is a judgment call and would allow a Point of Order for a member to contest the Chair’s ruling. If the materials are disallowed, however, they must be retained in the record.

Question 9. A commissioner who dislikes the Chair makes a motion to appeal the Chair’s ruling on the preceding point of order, which is seconded. What should the Chair do? A. Raise a Point of Personal Privilege and withdraw from the proceedings, leaving further action to the Vice-chair. B. Call for an immediate vote without debate on the motion. C. Accept a friendly amendment to ratify the Chair’s actions. D. None of the above is correct. A Point of Personal Privilege may be raised only when a member has a conflict of interest in a specific case, and would not apply here. (Where it does, a member should actually leave the chambers during deliberation on the item.) But if you thought D was correct because the motion is out of order, you were wrong. A motion to appeal the Chair’s actions can be made, but must be made immediately. It is debatable (B would otherwise be correct), and cannot be amended. No one is immune to Robert’s Rules!

Takeaways Questions 8 and 9. 1. Though they regulate procedure, sometimes Robert's Rules intersect with substance. Take care in limiting content, but don't be afraid to use the rules to keep meetings from getting out of hand. 2. Remember you need to keep a proper public record for a reviewing body, such as a city council - or a courthouse judge! 3. All members should have knowledge of Robert's Rules, not just the Chair.

A production of the Coon Rapids City Attorney’s Office Thank You! A production of the Coon Rapids City Attorney’s Office