Introduction to Parliamentary Procedure For Community Leaders Richard D. Hayes Professional Registered Parliamentarian Hayes, Berry, White & Vanzant, LLP Attorneys at Law 512 W. Hickory, Suite 100 Denton, Texas 76201 rhayes@hbwvlaw.com (940) 387-3518 Red Rock Water Supply Corporation August 15, 2011 Double Oak, Texas

IMPORTANCE AND OBJECTIVES OF PARLIAMENTARY PROCEDURE

WHAT IS PARLIAMENATRY PROCEDURE? Parliamentary procedure: refers to the rules of democracy – that is, the commonly accepted way in which a group of people come together, meet effectively, present and discuss possible courses of action, and make decisions in a fair, consistent manner

DOMINANT PARLIAMENTARY AUTHORITY

RULES OF AN ASSEMBLY Handout Pg. 3 RULE CONTENT VOTE TO ADOPT VOTE TO AMEND VOTE TO SUSPEND CORPORATE CHARTER As required by State law. Majority Should be provided in State law or Charter Cannot CONSTITUTION Contains the most essential provisions relating to the organization’s structure (i.e. Name, Object, Members, Officers, and Meetings). Should be provided for in the document and always a larger vote to amend than the Bylaws Only specific provisions may be suspended if the Constitution so specifies BYLAWS Contains its own basic rules relating principally to itself as an organization rather than to the parliamentary procedure that it follows. Unless otherwise specified, previous notice and two-thirds vote or a majority vote of the membership Only specific provisions may be suspended if the Bylaws so specify SPECIAL RULES OF ORDER Supersede Rules in Rules of Order with which they conflict Two-thirds RULES OF ORDER Contain written rules of parliamentary procedure relating to the orderly transaction of business and the duties of officers in that connection. Majority with notice, or two-thirds, or majority vote of the membership Two-thirds (Except where a rule protects a minority of less than one-third) STANDING RULES Contain rules related to the details of the administration of a society rather than parliamentary procedure. CUSTOM Unwritten rules of the organization. Not Formally Adopted Do not Formally Amend Point of Order Richard D. Hayes * Hayes, Berry, White & Vanzant, LLP * (940) 387-3518 * rhayes@hbwvlaw.com 2011

Basic Principles of Parliamentary Procedure Only one main motion to be considered at a time and only one motion to be discussed at any one time. The majority rules but the minority has the right to have its say. Absentee members also have rights. There must be free and impartial debate within a reasonable amount of time. Equal justice to all members from other members and the Chair. Courtesy to and from others at all times. Meetings are to be conducted as efficiently as possible. The Society has the right to protect itself from unruly, obnoxious members.

RULES OF SPEAKING

RULES OF SPEAKING Handout Pg. 5 Only members have the right to speak (make motions, second, debate, ask questions, etc. A member must be recognized by the chair prior to speaking to a debatable motion. 3. All remarks are addressed to the chair (not to other members. 4. The maker of a motion has the right to be the first to speak to it.

RULES OF SPEAKING (Con’t) 5. Each speech must be limited to ten minutes. (unless have adopted different rule). 6. A member shall speak no more than twice on the same question on the same day. 7. No member shall speak a second time to a motion as long as another is seeking recognition to speak their first time. 8. All remarks must be limited to the merits of the subject immediately pending before the assembly.

RULES OF SPEAKING (Con’t) 9. Debate should alternate between those speaking for and those opposed to the motion. 10. Personal remarks should be avoided. The motives of members must not be questioned; the motion, not the person, is the subject of debate. 11. Members may not speak against their own motion, however, they may vote against it. 12. Debate may be closed only by order of the assembly (2/3 vote) or by the Chair if no one seeks the floor for further debate.

Participation in an Effective Meeting Or How to Get Home Before Midnight!

At each meeting, have: bylaws and other rules parliamentary authority list of all standing and special committees and their members order of business (agenda)

THE AGENDA & ORDER OF BUSINESS

Convene is to cause to come together CONVENE MEETING Convene is to cause to come together

Establish a Quorum A Quorum is the minimum number of members who must be present to conduct business Attendance Sign-In Have Secretary take Roll as members arrive Roll call

Call to Order On time One rap of gavel “The meeting will come to order.”

Minutes Minutes are approved in chronological order No motion is required The Chair asks: Are there any corrections to the minutes? Minutes are adopted as presented, mailed, corrected, etc.

Reports Officers report in the order listed in the bylaws -- Treasurer’s Report is received, not approved Board of directors reports next Standing committees report in the order listed in the bylaws Reports are not voted upon – only recommendations that may be included in the report.

Special Committee Reports (Ad Hoc) Special committees report in the order they were established Special committees cease to exist after their final report

Special Orders Items postponed from the previous meeting by a 2/3 vote, may be considered at a specific time, and may interrupt business Items required by the bylaws to be handled at a particular meeting Special Orders set for last meeting but not reached Special Orders pending at last adjournment

Unfinished Business and General Orders Items on the agenda and not completed at the last meeting Items postponed from the last meeting Unfinished business not reached at last meeting General orders set for this meeting Motions that may have been tabled at last meeting can be taken from the table (if someone wishes to make a motion to do so)

HOW TO HANDLE A MOTION

Another member seconds the motion The chair states the question Handout Pg. 23 After obtaining and being assigned the floor, these are the six steps in handling a motion: A member makes a motion Another member seconds the motion The chair states the question Members debate the motion The chair puts the question to a vote The chair announces the result of the vote

Obtaining the Floor Member rises and addresses the chair Mr/Madam President Mr/Madam Chairman The member remains standing and awaits recognition by the chair

Assigning the Floor Chair recognizes the member Calls member by name or title Nods to the member (in a small assembly) If two or more rise about the same time, the member who rose and addressed the chair first after the floor was yielded is entitled to be recognized

Bringing the Motion before the Assembly 1. A member makes a motion: “I move that (to)…” or “Resolved, That…”

Second 2. Another member seconds the motion. “I second the motion.” or

State the Question 3. The chair states the question. “It is moved and seconded that (to)…

Considering the Motion 4. Members debate the motion: Discussion or debate is how an assembly decides whether a proposed course of action should be followed

Put the Question 5. The chair puts the question to a vote. The chair asks, “Are you ready for the question?” If no one rises to claim the floor, the chair proceeds to take the vote. The chair says, “The question is on the adoption of the motion that (to)… [repeating the motion].”

“Those in favor of the motion, say aye. [Pause] “Those opposed, say no. [Pause]”

6. The chair announces the result of the vote ANNOUNCE RESULT 6. The chair announces the result of the vote Which side has it Whether adopted or lost Effect of the vote Where applicable, announcement of the next item of business

The next item of business is…” The next item of business is…” For Example: Or: “The noes have it, the motion is lost, and a check will not be written. The next item of business is…” “The ayes have it, the motion is adopted, and the treasurer will issue the check. The next item of business is…”

After obtaining and being assigned the floor, these are the six steps in handling a motion: A member makes a motion Another member seconds the motion The chair states the question Members debate the motion The chair puts the question to a vote The chair announces the result of the vote

METHODS OF VOTING

Viva voce Regular method for motion not requiring more than a majority vote for adoption “Those in favor of the motion, say aye.” [Pause] “Those opposed, say no.” [Pause]

Rising Most often used when a voice vote has been taken with an inconclusive result Normal method of voting when a 2/3 vote is required for adoption of a motion “Those in favor of the motion will rise. Thank you, be seated.” “Those opposed will rise. Thank you, be seated.”

Unanimous Consent Also called general consent Used where there seems to be no opposition in routine business Can be used without stating the question or putting it to vote Can also be used without the formality of a motion at all “If there is no objection…”

MOTIONS

Know Your Motions There are 5 classes of Motions you may encounter in meetings: A. Main motions B. Subsidiary motions C. Privileged motions D. Incidental motions E. Motions that bring a question again before the assembly

Handout Pgs. 13 & 14

A COMMON DISORDER BROUGHT ON BY PARLIAMENTARY PROCEDURE. MOTION SICKNESS

1. Main motion “I move to (that)…” or “Resolved, That…” A. Main Motion If you want to bring business before the assembly, make a: 1. Main motion “I move to (that)…” or “Resolved, That…”

If you want to reject a main motion or “kill” it for the session, move to: 2. Postpone indefinitely

If you want to change a motion, move to: 3. Amend by inserting or adding words or a paragraph striking out words or a paragraph striking out and inserting words or substituting a paragraph

If you want to send a pending question to a small group for further study and/or recommendation, move to: 4. Commit or refer

If you want to delay action or a decision until later in the same or the next meeting, move to: 5. Postpone to a certain time (or definitely)

If you want to change the rules of debate, move to: 6. Limit or extend the limits of debate If you want to close debate, move the: 7. Previous question

If you want to set aside the pending question temporarily, move to: 8. Lay on the table

To request any privilege (usually having to do with comfort level, or the ability to make an informed decision): 10. Raise a question of privilege

To take a short break in the meeting, move to: 11. Recess To close a meeting, move to: 12. Adjourn

To set a time to continue the business to another day without adjourning the present meeting, move to: 13. Fix the time to which to adjourn

To reverse or question a decision of the chair on a parliamentary question: Appeal

Division of the Assembly To question a voice vote or vote by show of hands as announced by the chair and require a standing vote, call for a: Division Or Division of the Assembly

To obtain information about parliamentary law or rules of the organization, make a: Parliamentary Inquiry

To request information relevant to the business at hand, make a: Point of Information

To enforce the rules, rise to a Point of order

To do something during a meeting that it can not do without violating one or more of its parliamentary rules: Suspend The Rules

E. Motions that Bring a Question Again Before the Assembly Permits the assembly to consider business that was previously disposed of Sometimes called bring back motions Enable the assembly to reopen a completed question by Taking up a motion temporarily disposed of Changing something previously adopted Do not have rank

To consider an item that was laid on the table at the same or previous meeting, move to: Take from the table

Amend something previously adopted If you no longer think a motion is a good idea, and it is not impossible to undo, move to: Rescind or Amend something previously adopted

If you voted on the prevailing side and changed your mind about a vote, at the same meeting move to: Reconsider

How Do I Find Out More? National Association of Parliamentarians parliamentarians.org Texas State Association of Parliamentarians parliamentarians.org/tx American Institute of Parliamentarians aipparl.org Membership Examination 300questions.org

QUESTIONS

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