Know Book of the Incidental Motions Gary Leger

The Incidental Motions No “rank among themselves” – No “rank among themselves” – These motions are “incidental to.. or arise out of” a particular parliamentary situation… These motions are “incidental to.. or arise out of” a particular parliamentary situation… They are needed only in special circumstances, but when they are needed they take precedence over the pending motion or situation They are needed only in special circumstances, but when they are needed they take precedence over the pending motion or situation They can be applied to any pending motion or action to which they are incidental, or any past or future motion when the need for these motions arises. They can be applied to any pending motion or action to which they are incidental, or any past or future motion when the need for these motions arises. Should be disposed of immediately before business can proceed on the pending motion or situation Should be disposed of immediately before business can proceed on the pending motion or situation Take precedence over any pending motion to which they are incidental, but USUALLY yield to Table, and to MOST privileged motions Take precedence over any pending motion to which they are incidental, but USUALLY yield to Table, and to MOST privileged motions MOST are undebatable and unamendable MOST are undebatable and unamendable MOST can not be reconsidered MOST can not be reconsidered

Examples of How the Incidental Motions “arise out of pending, past or future motions or situations Point of order –is incidental to or arises out of a current motion or action which violates the rules Point of order –is incidental to or arises out of a current motion or action which violates the rules Appeal – arises out of a decision by the chair with which two members disagree Appeal – arises out of a decision by the chair with which two members disagree Object to the consideration – arises out of the situation that a member finds a motion so objectionable that he does not event want to consider it. Object to the consideration – arises out of the situation that a member finds a motion so objectionable that he does not event want to consider it. Division of the question – arises out of the situation that a main motion is divisible and the members want to discuss each part seperately. Division of the question – arises out of the situation that a main motion is divisible and the members want to discuss each part seperately. Suspend the rules - is incidental to the situation that a current motion, or one which you want to make, is out of order because of a rule and you want to suspend tht rule so that the assembly can consider the motion Suspend the rules - is incidental to the situation that a current motion, or one which you want to make, is out of order because of a rule and you want to suspend tht rule so that the assembly can consider the motion Division of the assembly – arises out of the situation that a voice vote has been taken, and you want a more accurate vote to be taken Division of the assembly – arises out of the situation that a voice vote has been taken, and you want a more accurate vote to be taken Withdraw a motion – a motion has been stated, and you want to withdraw it. Withdraw a motion – a motion has been stated, and you want to withdraw it.

Point of Order – calls upon the chair for a ruling on and enforcement of the rules of order. SDC depend upon whether the chair decides or whether the assembly decides SDC depend upon whether the chair decides or whether the assembly decides Chair decides – the point of order is not debatable Chair decides – the point of order is not debatable Assembly decides – debatable except Assembly decides – debatable except indecorum/speaking rules indecorum/speaking rules Priority of business Priority of business Made when an undebatable motion is pending Made when an undebatable motion is pending Effect - the chair or the assembly must rule, and the chair must enforce the rule Effect - the chair or the assembly must rule, and the chair must enforce the rule Who can make a PO Who can make a PO The chair – 3 options Any member – but if insure, use P. Inquiry Must be TIMELY Must be TIMELY Some breaches that are “continuous”. Some breaches that are “continuous”. Form/response - Form/response -

Appeal – any TWO members have a right to appeal (ask the assembly to decide on) any ruling or decision made by the chair Two types of appeals Two types of appeals Debatable – most Debatable – most Undebatable – those that relate to Undebatable – those that relate to Indecorum or rules of speaking Indecorum or rules of speaking Priority of business Priority of business Made when an undebatable motion is pending Made when an undebatable motion is pending SDC – depend upon which type of appeal you have SDC – depend upon which type of appeal you have Non debatable Non debatable Debatable Debatable Effect – when made and seconded, the assembly decides on a question on which the chair has already made a decision Effect – when made and seconded, the assembly decides on a question on which the chair has already made a decision Dilatory appeals Dilatory appeals RULINGS NOT OPINIONS RULINGS NOT OPINIONS P Inquiry – can not appeal Vote – no appeal The RULING – not the president, is the subject of the appeal. Form/response Form/response I appeal from the decision of the chair An appeal has been taken from the decision of the chair. The question is: shall the decision of the chair be sustained? (reasons and debate) Those in favor of sustaining the decision of the chair say aye…

Suspend the Rules - allows the assembly to do something that could not be done without violating its regular rules “Rules” – which can be suspended “Rules” – which can be suspended Rules of orders – Rules of orders – Standing Rules - Standing Rules - Incidental main or incidental Incidental main or incidental SDC SDC – Effect – suspends the rule only for the purposes specified in the motion Effect – suspends the rule only for the purposes specified in the motion Rules that can not be suspended Rules that can not be suspended Rules required by law By-laws or constitution Fundamental principles of parliamentary law Protect absentees Form – Must mention the reason why you want to suspend the rule in the motion Form – Must mention the reason why you want to suspend the rule in the motion

Object to the Consideration of a question – allows the assembly to avoid a particularly offensive original main motion altogether: not even consider it SDC SDC Precedence Precedence Application Application Interrupt Interrupt Second Second Debate - Debate - Amend Amend Vote – 2/3 in the negative to the question – shall the objection be sustained Vote – 2/3 in the negative to the question – shall the objection be sustained Reconsider – only the negative Reconsider – only the negative Effect – if sustained, the motion is killed for the duration of the session and cannot be renewed except by unanimous consent of the assembly Effect – if sustained, the motion is killed for the duration of the session and cannot be renewed except by unanimous consent of the assembly Special Rules Special Rules President can OBJ Not like PI or PO! Form – Immediately and without recognition Form – Immediately and without recognition I object to the consideration of the question An objection to the consideration of the question has been made. The question is, shall the question be considered? Those in favor of considering it, please rise. There are (less than) 2/3 opposed and the question will not (will) be considered!

Division of a Question - Purpose – when a motion which deals with only one subject contains several parts, each of which can stand alone as a complete proposition, this motion allows the parts to be separated, and considered separately. Purpose – when a motion which deals with only one subject contains several parts, each of which can stand alone as a complete proposition, this motion allows the parts to be separated, and considered separately. SDC – SDC – I move to divide the question in the following manner: (1) … and (2) … I move to divide the question in the following manner: (1) … and (2) … Effect – Divided a question so that each part is stated, considered and voted on separately as two distinct motions Effect – Divided a question so that each part is stated, considered and voted on separately as two distinct motions Rules Rules Motion must clearly state the manner of division A divisible motion must contain parts which can stand alone Motions which contain several unrelated subjects must be divided at the demand of one member

Division of the Assembly If a member “doubts the result of a voice or show of hands vote, he can use this motion to verify the accuracy of a vote or to encourage more members to vote If a member “doubts the result of a voice or show of hands vote, he can use this motion to verify the accuracy of a vote or to encourage more members to vote SDC SDC Effect – On the call of one member, the president must take a rising vote. Effect – On the call of one member, the president must take a rising vote. Must be made between the time the negative vote is taken and before the chair has stated the question on a new motion. Must be made between the time the negative vote is taken and before the chair has stated the question on a new motion. A member can demand a rising vote – a rising counted vote requires an incidental motion “that the vote be counted” A member can demand a rising vote – a rising counted vote requires an incidental motion “that the vote be counted” The president can take a division on his own; and can count if he chooses The president can take a division on his own; and can count if he chooses Dilatory motions not allowed Dilatory motions not allowed Form - Form -

Parliamentary Inquiry A question, directed to the chair, to obtain information on parliamentary procedure or the rules of the organization which affects the business at hand. A question, directed to the chair, to obtain information on parliamentary procedure or the rules of the organization which affects the business at hand. SDC SDC Effect – upon the request of one member, the chair must answer immediately before business can proceed. Effect – upon the request of one member, the chair must answer immediately before business can proceed. Rules Rules Business at hand – not hypothetical questions Must be about rules Not subject to an appeal (but if you disagree….) FORM - FORM -

Withdraw and Leave to Withdraw (or modify) a motion 2 different situations 2 different situations Before a motion is stated Before a motion is stated After it is stated After it is stated SDC – leave to withdraw SDC – leave to withdraw Effect – the motion is withdrawn, but may be renewed by any member Effect – the motion is withdrawn, but may be renewed by any member FORM – FORM – Withdraw or modify Leave to withdraw Leave to Modify A great time to use general consent!

Suspend the rules - allows the assembly to do something that can not be done without violating its “regular rules ” Rules which can not be suspended Rules which can not be suspended Bylaws or constitution Bylaws or constitution Required by law Required by law Fundamental principles of parliamentary law Fundamental principles of parliamentary law Rules protecting absentee members Rules protecting absentee members Incidental or incidental main Incidental or incidental main SDC – incidental SDC – incidental Effect – suspends, just for the purposes for which it was suspended, a regular rule. Effect – suspends, just for the purposes for which it was suspended, a regular rule. Form – Form – Don’t mention the “rule” – state what it is that you want to do that the rules prevent. Incidental main Incidental