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05/21/2024 - Work Study - Additional Docs-Training Reference Materialsj4TI urassic ParliamentMastering meetings using Robert's Rules Reference Materials Ann G. Macfarlane Professional Registered Parliamentarian www.jurassicparliament.com REFERENCE MATERIALS for MASTERING MOTIONS WITH ROBERT'S RULES 1. 4 Censure examples 2. Keep the chair in line using Appeal 3. Making a motion is a power move 4. Minor mistakes don't invalidate action 5. Motions Chart 6. Motions Chart with dinosaurs 7. Point of Order and Appeal are the heart of democracy 8. Reconsider, Rescind, or Amend previous decision 9. Rights and Responsibilities of the Member 10. Sample Scripts for 5 Motions 11. Sanctioning rogue board members 12. Suspend the Rules with extreme caution 13. Table, Postpone, or Postpone Indefinitely 14. What Is a Quorum FAQs 15. When does chair discuss and vote? © Jurassic Parliament 2024. All rights reserved. Examples of Censure Motions 1. Public Hospital District 2. City of Tacoma Washington 3. City of Yakima Washington 4. Skagit County Planning Commission Censure Example — Public Hospital District A motion was made and seconded to censure Commissioner X for breaking protocol and going outside of the commission's governing duties, specifically (1) directing operations of staff members by sending negative messages and instructions by email, and (2) failure to participate in the hospital administrator evaluation per our bylaws and the Revised Code; and further, to remove Councilmember X from the Operations Committee. City Council Minutes - Page 6 — August 15, 2006 Mayor Baarsma moved, "pursuant to Rule 3D of the Rules of Procedures of the Council of the City of Tacoma, that the Council issue a written reprimand to Councilman Tom Stenger, remove him from his duties as Chairperson of the Environment and Public Works Committee, and place him on probation as to his appointments on the Pierce Transit Board, Puget Sound Regional Council Transportation Policy Board, and as alternate for the Puget Sound Regional Council Executive Board, through the end of this calendar year. This proposed action is based on Councilman Stenger's transgression of the Council Rules, specifically for his discourteous conduct at the last meeting of the Neighborhoods and Housing Committee which involved repeated derogatory remarks directed toward a member of the public, and failing to come to order at the request of the presiding officer. It is my hope, and I believe the hope of the Council as a whole, that this sanction will result in positive change for the Councilman and for this body, and this proposed action is presented with full acknowledgement of the encouraging steps that Councilman Stenger has taken following the events in question, including his public recognition of his transgressions, his personal apology to the citizen involved, his commitment to correct his behavior, and his openness to accepting the sanction approved by this body." Seconded by Deputy Mayor Lonergan. Voice vote was taken and carried. The motion was declared adopted. UNFINISHED BUSINESS None. REPORTS BY THE CITY MANAGER There was no report given. COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL Economic Development Committee: Chair Talbert reported that at the July 18t" meeting, the Committee heard the Tacoma Rail Business Opportunities update, the University of Puget Sound Master Plan update and the University's economic impact on the City, and the Hilltop Renaissance Project Request For Proposal Update and the recommendation to proceed with Prium Companies as the developer. He said the Committee discussed at its August 8t" meeting the Water Service Charges/Fee increases and that it's recommending a "do pass" when the ordinance comes before Council for approval. Council Member Talbert stated that at the August 15t" meeting, the Committee heard the Downtown Parking System Business Plan Update. . � . 39 RESOLUTION NO. R-2019-041 A RESOLUTION authorizing the removal of City Council Member Kay Funk from participation in all City Council Committee assignments and non -City boards, committees and commission assignments for a period of six months WHEREAS, the City Council adopted the applicable Rules of Procedure of the Yakima City Council, effective in October, 2018, and WHEREAS, Section K of the Council Rules of Procedure provide remedies for Council members' violations of the Council Rules of Procedure, the Council Code of Ethics, the Council Principles of Conduct and other applicable laws and/or regulations, and WHEREAS, on April 2, 2019, the City Council adjourned to an executive session called by the Mayor during a regular City Council business meeting in accordance with RCW 42 30.110(f), to receive and evaluate complaints or charges brought against a public officer; and WHEREAS, following the executive session the City Council resumed its business meeting, at which time Council Member Hill made a motion to remove Council Member Funk from all City Council committee assignments and non -City board, committee and commission assignments for a period of six months, and WHEREAS, Council Member Hill's motion stated that after Council Member Funk's untimely, inappropriate and embarrassing comments during the press conference called to announce the appointment of the police chief, a recent inappropriate and insensitive statement to the media that Yakima is not a glamorous location, numerous online comments on various news articles that included statements inconsistent with the position of the majority of the Council, a continuous verbal campaign against YVCOG, Transform Yakima and its staff members, completely inappropriate comments about the mental health of a city resident during a March 14 Healthy Communities and Neighborhood Building committee meeting and during the same meeting making a comment to an older male resident in attendance that he should report to her if a female staff member was being naughty while working on an ordinance revision, and generally behaving in a combative and contradictory manner during Council meetings, he believes that Council Member Funk had brought discredit to herself and the City and that it was time for the Council to take action, and WHEREAS, Council Member Hill stated that he believed Council Member Funk had violated Sections III, IV, VI and VII of the Yakima City Council Principles of Conduct, which provide that a Council member should be III Committed to acting and being seen as acting with integrity and impartiality that will bear the closest scrutiny IV Committed to working with City officials and staff in a conscientious and respectful manner VI Support a positive and constructive environment for residents, businesses, and City employees. VII Refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the City Council, boards, commission, committees, staff, or the public.; and WHEREAS, Council Member Hill further stated that he believed Council Member Funk had violated sections I, II and III of the Yakima City Council Code of Ethics, which provide I Council members shall maintain decorum and set an example for conduct when representing the City, and endeavor not to disgrace or embarrass the City while acting in an official capacity II Council members shall represent that opinions stated are the member's own and do not necessarily represent those of the Council unless the Council has voted and passed an ordinance, resolution or motion that so states the expressed policy III Council members shall not divulge information discussed in executive session; and WHEREAS, following the Council members' discussion on the motion, including responsive statements by Council Member Funk, the City Council voted by a super -majority vote of five members in favor and two members opposed, to remove City Council Member Kay Funk from participation in all City Council Committee assignments and non -City boards, committees and commission assignments for a period of six months, WHEREAS, as required by the Rules of Procedure of the Yakima City Council, Section K(2)(iii), this formal resolution of the Council action is necessary; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: In accordance with the Rules of Procedure of the Yakima City Council, Section K(2)(iii), City Council Member Kay Funk is hereby removed from participation in all City Council Committee assignments and non -City boards, committees and commission assignments for a period of six months ADOPTED BY THE CITY COUNCIL this 161h day of April, 2019 ATTEST oaf • .YYI�� ` K onya Cla r ee, ity Jerk . 'z BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 5.13. For Meeting of: April 16, 2019 ITEM TITLE: Resolution authorizing the removal of City Council Member Funk from participation in all City Council Committee assignments and non -City boards, committees and commissions for six months SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: Per the City Council's Rules of Procedure, the Council voted 5-2 to remove Council Member Funk from City Council Committee assignments and non -City boards, committees, and commissions for six months at its April 2, 2019 City Council meeting. The attached resolution is required, per the Council's Rules of Procedures, to complete the removal of a Council member from his or her committee assignments. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR —City Manager SUBMITTAL: Ct* STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type d Corer Memo CENSURE OF COMMISSIONER MARK LUNDSTEN On September 22, 2020, at a meeting of the Skagit County Planning Commission, the commission passed a motion to censure Commissioner Mark Lundsten, specifically citing page 5 of Appendix A section C(3)(e),` the clause requiring members to be respectful and to lose gracefully and the general duty of ioyatty under Roberts Rules of Order. The commission specifically found conduct objectionable to include: 1) Using his Commissioner title to further personal views against the vote of the commission 2) Disparaging the Commissions deliberation 3) Disparaging the members of the public who spoke against the Commissioner's viewpoints by indicating that their beliefs were based on false or misrepresented information. 4j Failure to disclose affiliations 5) Failure to cc planning commission on letters The motion passes by a vote of 7 to 2 with Commissioner Lundsten participating in such vote. Commission Lundsten is hereby put on notice that if he continues to breach his duty of loyalty to the Planning- Coi mission._as. noted above,. the --Planning Com- rnfsslon---may recornmend that the -Board of County Commissioners take further action under SCC 14.02.080. Signed, Timschko, Chairman j491urassic Parliament Mastering meetings using Robert's Rules Keep the chair in line using Appeal F111:1JI. The "Motion to Appeal" is one of the least -known motions in Robert's Rules of order, and the most powerful. All of us are very familiar with the role of the chair of the meeting. Under Robert's Rules of Order, the chair has the duty of keeping things on track. He or she is responsible for announcing each item of business, recognizing speakers, and for protecting the group from wasting its time. CHAIR IS SUBJECT TO WHOLE GROUP Few people know, however, that the chair is subject to the authority of the whole group. If the chair says that a given subject is not relevant to the discussion, or refuses to recognize someone who is entitled to speak, any two members can appeal. (One makes the appeal and one seconds it.) When that happens, the group makes the decision. JUST SAY "APPEAL!" All that is necessary is for a member to say, "I appeal the ruling of the chair." If your group operates informally, the single word "Appeal!" will be enough. If another member then says "second," the chair must turn to the group as a whole to decide. Appeals pertaining to language and decorum cannot be debated, but other types maybe debatable. PROCESS TO HANDLE APPEAL 1. Chair speaks first and explains the reason for the ruling. 2. (If Appeal can be debated) Members debate the matter, each member speaking once. 3. Chair speaks again to sum up. 4. Members vote. 5. The outcome is decided by majority vote of the members. ■ If members vote in favor, the chair's decision is upheld. • If members vote against, chair's decision is overturned. ■ If there is a tie, then the chair's decision is upheld. www.jurassicparliament.com SAMPLE SCRIPT FOR "MOTION TO APPEAL" Here is a sample script. Member A: Chair, I rise to a point of order. Chair: State your point. Member A: My esteemed colleague has proposed that we donate $ioo,000 to the University to research ocean conditions in the north, off the City of Dinoview. This motion does not fall within the scope of our organizational charter. Chair: The point is well taken, and this motion will not be taken up. Member B: I appeal the Chair's decision. I believe that this motion DOES fall within our scope. Member C: Second! Chair: Very well, since the decision of the chair has been appealed, the group will decide. [Members debate. The chair speaks first, each member speaks once, and the chair may speak again at the end of the debate to sum up.] Now we will vote on this matter. The Chair has ruled that the proposal to donate to the University to research ocean conditions is not within the scope of our organizational charter. All those who believe that this ruling should be sustained, please say "aye." [Pause] All those who believe that the ruling should not be sustained, please say "no." [Announce result] EITHER The "ayes" have it and the Chair's decision is sustained. We will not consider this motion. OR The "noes" have it and the Chair's decision is not sustained. We will consider this motion. WHY USE THE MOTION TO APPEAL? Every member of a local governmental body or nonprofit board of directors should know and use this motion. It keeps the power in the hands of the group, and ensures that the chair of the meeting always serves the group's wishes. It is basic to our democratic process. @ Jurassic Parliament 2019. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com j491 u rassic ParliamentMastering meetings using Robert's Rules Making a motion J 1 4 ; 4f? is a power move 11 -1 As readers know, in a small board (up to about iz people), it is fine to discuss an issue without having a formal motion on the table. Many of our nonprofit boards do this. A topic is listed on the agenda, and people kick it around before coming to a consensus about what to do. It's different in a large assembly ("assembly" is the jargon word for a board or membership meeting). According to Robert's Rules of Order, you must have a motion —a proposal for action —before any discussion begins. Large groups that run their meetings "according to Robert" follow this rule, and propose a motion to kick off the action. Many local government bodies, whatever their size, have found that it works best to start discussion with a motion. WHO PROPOSES A MOTION? Perhaps the staff has prepared a proposal, and a draft motion is included in the agenda. It is only a suggestion until a member moves the motion, and the group begins its discussion of it. But if there is no proposal to start with, you can set the parameters of the discussion by making the motion yourself. Getting in there and making a motion is a power move —it defines the question that the group will consider. EXAMPLE OF MAKING A MOTION If you have a clear objective in mind, at the right time in the agenda, make a motion! Suppose your club has some reserves and is considering which charity to support. You would like to have the club donate $500 to the Humane Society. Under the agenda item "Donations to charities" you get recognized by the chair (given permission to speak). Then you say, "I move that the club donate $500 to the Humane Society." That's all it takes! Note the clean simplicity of this. Three little words: "I move that..." followed by whatever action you want. People sometimes get tripped up by mingling their ideas with the motion, or being vague about their proposal: It's really important that we support our local nonprofits and I move that we give some money to the Humane Society, maybe $50o would be about right, to support them and make sure that their important work continues to benefit our community, after all, they are making a huge difference in the lives of all our animal friends... www.jurassicparliament.com It is your job, as the proposer of the motion, to state your motion clearly and, if requested by the chair, to write it down. You can ask for a few minutes to do this. You can also ask the chair's help in formulating the motion. Once the motion has been moved, seconded, and stated by the chair, you will give your reasons during the discussion. As the maker of the motion, you have the right to speak first. Other members may propose amendments (changes) to the motion, but you have defined the terms of the discussion, and seized the high ground for the group to tackle your proposal. MAKING A MOTION UNDER "NEW BUSINESS" Members also have the right to make motions under the agenda item "new business." Sometimes this can be a problem. It's not a great thing if a member, out of left field, suddenly proposes something that has not been thought about or researched! Most organizations want to deliberate about their proposed course of action before committing to it. A large nonprofit or association will have fiscal and staffing issues to consider. In order to avoid this situation, many bodies have policies about how items are proposed for the agenda. We offer a "Board Action Request Form" that helps a nonprofit do the prep work for thoughtful consideration. And of course, local government bodies must follow their notice requirements. A DIFFERENT APPROACH TO CONSIDERING NEW TOPICS Another problem arises when there are several competing ideas about what should be done. It almost seems unfair if one person gets to define the question before everybody's ideas are heard. Read our article Make better decisions using the Exploratory Round Robin to learn how to get all suggestions on the table before taking any action. We developed this method for Seattle Children's Research Institute, and it has proven very effective for them. USE "FILL IN THE BLANK"TO CHOOSE AMONG SEVERAL OPTIONS If members have differing ideas about how much money should be donated, or who should receive it, there is a special technique you can use to choose among a list of options. Read Fill in the blank: an easy way to make hard choices here. ANY MEMBER HAS THE RIGHT TO MAKE A MOTION Remember that any member has the right to make a motion. Learn about this in Weldon Merritt's article, Rights and Responsibilities of the Member. You can read more about processing motions in our article Processing motions in Robert's Rules, and about agendas in our article Agenda in Robert's Rules. The different rules for small boards are described in our article Small board rules are different. Jurassic Parliament promotes Robert's Rules as a tool for better meetings. People who understand how the rules work will have a better shot at achieving their goals. Making a motion is a power move © Jurassic Parliament 2020. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com j491 u rassic ParliamentMastering meetings using Robert's Rules Minor mistakes don't invalidate action A recent news report described how a school board, realizing that no one had seconded the motion they approved, went back at the next meeting and voted on it again. This was a waste of time. The purpose of "seconding the motion" is to be sure that at least two people on a board want to discuss the proposed action. Obviously if a board has passed a motion, at least two people wanted to discuss it, and did. A second is not a seal of approval or an "imprimatur" that must happen before action on a given proposal proceeds. It is just a way of confirming enough interest for discussion. More small mistakes in Robert's Rules Similarly your board may have made some small mistake in Robert's Rules in taking an action. Perhaps you allowed a member to withdraw their motion unilaterally, when most people wanted to continue discussion. Once a motion has been made, seconded, and stated by the chair, it belongs to the entire group, not to the member who made the motion. Maybe the chair arbitrarily adjusted the agenda, postponing the topic of employee reviews to a future meeting, and no one spoke up. At the meeting, the group is in charge of its own agenda, not the chair. Perhaps the chair, in calling for the vote, only asked for the votes in favor, and neglected to say, "All those opposed, please say `no."' The chair must call for the negative vote, except in a few specific instances. How to respond to mistakes in Robert's Rules? Robert's Rules says that the correct way to object is to raise a Point of Order at the time of the mistalee. If the members fail to do this, they have waived their right to object and tacitly accepted the outcome. The mistake does not invalidate the action taken. www.jurassicparliament.com z It's important to note that there are a few instances when you can raise a Point of Order at a future time. If the Point of Order concerns a "continuing breach," it can be raised as long as the breach of the rules is in effect. If a member was elected to the board, for example, and later it is discovered that she is not eligible to serve, a Point of Order should be raised and action should be taken. Read more about "continuing breach" in Robert's Rules of Order, Newly Revised,12th edition, 23:6. As always, note that this is not legal advice. Please consult your attorney if you have a "continuing breach." What about mistakes in announcing the vote? It occasionally happens that the chair hears a voice vote wrong, and calls the vote incorrectly. If everyone remains silent and the group moves on to the next item of business, the statement made by the chair is the official determination of the outcome, and stands as the action of the body. In this particular situation, a member should loudly call out the word "DIVISION!" When this happens, the chair should take the vote again by having those in favor stand, and then those opposed stand. (Note that members are free to vote as they choose on this second attempt.) Point of Order and Appeal are essential to address mistakes Jurassic Parliament wants everyone to know how to use Point of Order and Appeal. In our view, they are essential to democratic action! Using them correctly requires education. Thank you, gentle reader, for educating yourself and your group on these critical rules. Rules, after all, are based on principles, and we study and follow them in order to act in a principled way in our meetings. Related articles: How to call the vote at meetings Point of Order and Appeal are the heart of democracy Unraveling the mysteries of "Second the Motion!" When can you withdraw a motion? You must call for the negative vote Minor mistakes don't invalidate action © Jurassic Parliament 2020. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com flrassic ParliamentMastering meetings using Robert's Rules MOTIONS CHARTS Rank Second? Debatable? Amendable? Vote? PRIVILEGED MOTIONS Fix time to which to adjourn 13 Yes No Yes Majority Adjourn 12 Yes No No Majority Recess 11 Yes No Yes Majority Raise a question of privilege 10 No No No Chair decides Call for orders of the day 9 No No No At request of one member SUBSIDIARY MOTIONS Table 8 Yes No No Majority Previous question or call the question* 7 Yes No No Two-thirds Limit or extend limits of debate 6 Yes No Yes Two-thirds Postpone to a certain time 5 Yes Yes Yes Majority Refer to committee 4 Yes Yes Yes Majority Secondary amendment Yes Yes No Majority Primary amendment Yes Yes Yes Majority Amendment* 3 Yes Yes Yes Majority Postpone indefinitely 2 Yes Yes No Majority MAIN MOTION Main motion i Yes Yes Yes Majority " Amendment and previous question may be applied to motions higher than themselves. INCIDENTAL MOTIONS Second? Debatable? Amendable? Vote? Request for information No No No Chair responds Point of order No No No Chair rules Appeal Yes It depends No Negative BRING -BACK MOTIONS Now Second? Debatable? Amendable? Vote? Reconsider Yes It depends No Majority Rescind Yes Yes Yes § Amend something previously adopted Yes Yes Yes § Take from table Yes No No Majority § Majority with previous notice, two-thirds without notice, or majority of entire membership © Jurassic Parliament 2oii-15. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com Dinosaur Precedence of Motions Point of Order, Appeal, Point of Information Flying dinosaur No rank Call the Ouestion Triceratops Rank of 7 Refer to Committee Ankylosaurus Rank of4 Amendment Dimetrodon Rank of 3 Main Motion Tyrannosaurus rex Rank of 1 © Jurassic Parliament 2019. All rights reserved. www.jurassicparliament.com Respond to these motions as they come up Needs a second, cannot be debated or amended, two-thirds vote Needs a second, can be debated and amended, majority vote Needs a second, can be debated and amended, majority vote (Amendment to the amendment cannot be further amended; amendment may also apply to motions higher than itself) Needs a second, can be debated and amended, majority vote to pass j491 u rassic ParliamentMastering meetings using Robert's Rules Point of Order and Appeal are the heart of democracy In our view, the motions Point of order and Appeal are the heart of our democracy. They provide the mechanism to stop a dictatorial chair who is acting like a "boss." They are essential for every local government body, nonprofit board, and any group that functions on democratic principles. Learn how to use them to ensure that the group is the final authority. In this discussion, whenever we say "member," we mean a voting member of the governing body. / What is a Point of Order? Point of order is a motion that requires the chair to abide by the organization's rules or parliamentary rules, or to require another member to abide by the rules. If an error isn't obvious, the member may have to briefly explain how the rules are being broken. This motion is made by just one member and in most circumstances the motion must be made at the time of the rule violation. When this motion is made it immediately and temporarily stops business until the Point of order is ruled on by the chair, who will either agree with the member and enforce the rules, or may disagree with the member. Once the chair rules that the Point of Order was "well taken" (correct) or "not well taken" (incorrect), the business that was interrupted then continues (unless the chair's ruling is immediately appealed). / How does a member raise a Point of Order? The member who sees a rule violation and wants the rule enforced should call out, "Point of Order!" or stand up and say, "I rise to a Point of Order." If necessary, you may interrupt a speaker, but don't do this lightly! www.jurassicparliament.com ► What happens next with a Point of Order? The chair should say, "State your point." The member then explains the problem. Finally, the chair gives a ruling. ■ If the chair agrees with the Point of Order, the chair says, "The point is well taken" and enforces the rule. ■ If the chair disagrees, the chair says, "The point is not well taken," and moves on with the business at hand. / Can a member raise a Point of Order about the chair's actions? Yes. Everyone in the meeting must follow the rules. If this happens, the chair issues a ruling on their own action. ► Cana member of the public or the audience who is not a member of the body raise a Point of Order? No. Only a member of the body itself can raise a Point of Order. ► Sample script for "Point of Order" Member: Chair, I rise to a Point of Order. Chair: State your point. Member: My esteemed colleague has used the term "cream faced loon" in referring to the mayor of Dinoville. Under Robert's Rules of Order, insults are inappropriate. Chair: The point is well taken, and members will refrain from using this term. / What should members do when they disagree with a ruling by the chair? A member can appeal the chair's ruling (which must be seconded). This tells the chair that two members are in disagreement with the chair's interpretation and want the body to decide it for themselves. The motion must be made immediately. If other business intervenes, then it is too late to appeal the chair's decision or ruling. When the Appeal is made, it immediately and temporarily stops the pending business until a decision is reached on the Appeal. After a vote is taken on the Appeal by the members, the business that was interrupted then continues. ► How is an Appeal conducted? A member stands and without waiting to be recognized, says: "I disagree with the ruling by the chair." The chair must recognize an Appeal, even if worded simply as, "I don't think that's right - I disagree with you." The formal wording is, "I appeal from the decision of the chair." The chair then processes the motion, which may or may not be debatable. Read more about how to process a Motion to Appeal, including a sample script, in this this blog post, "Keep the chair in line using Appeal." Many thanks to Beverly Przybylski, PRP, for providing the original content of this paper. Any errors are, of course, the responsibility of Jurassic Parliament. Point of Order and Appeal are the heart of democracy © Jurassic Parliament 2019. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com j491urassic Parliament Mastering meetings using Robert's Rules Reconsider, Rescind, or Amend previous decision By Ann G. Macfarlane, Professional Registered Parliamentarian ........................ L E T'S RETHINK Some years ago, I had a dramatic exposure to the motion to "Reconsider." At a 2-day meeting of our professional society board, one member (I'll call him "Alex") proposed that our society spend $4000 on radio spots in Washington, DC. He felt that we needed to develop a public relations strategy, and that this would be a great entry into the market. The motion passed. At the board dinner that evening, people who knew something about PR complained that this would be a waste of money, since it was not "targeted marketing." Alex, however, argued that not only was it a great move, in fact, we should increase the amount. The next morning, Alex asked how we could add more money to the PR effort. I suggested that he move to "Reconsider" the motion. The board agreed to reconsider, and we continued our discussion. During the discussion, Alex moved to amend the motion by increasing the amount to $8000, and the amendment passed. But when it came time to vote, the amended motion failed. In other words, Alex had gone "double or nothing," and lost everything. On the plane flight home, I started digging into Robert's Rules of order to better understand what had happened. I realized that if I had suggested that Alex move to "Amend Something Previously Adopted," he would have been able to propose amending the amount to $8000. If that amendment had failed, however, he still would have kept the $4000 that was originally approved. If you're wondering about the people who voted to increase the amount, but then voted against the motion as amended, all I can say is that people are fickle! Maybe the board members were swept up in Alex's enthusiasm, so they voted to increase, but in the end, decided they couldn't swallow the larger sum. Voting one way on an amendment does not require you to vote a certain way on the motion once amended. www.jurassicparliament.com z That incident made me decide I really had to learn more about parliamentary procedure, which in turn led to my studying Robert's Rules, which in turn led to the idea of "Jurassic Parliament." So I'm grateful to Alex for starting me on this path! Let's review how you can change your mind. If the decision was positive and the motion passed If your body approved a motion, there are three ways you can change your mind. 1. AMEND SOMETHING PREVIOUSLY ADOPTED The easiest way to change your mind is to "Amend Something Previously Adopted." A member proposes "to amend Motion X by the amendment Y." This requires the standard steps to process a motion. (Read our articles Processing motions in Robert's Rules and Amendment in Robert's Rules.) There are three ways that this motion can pass: 1) With a two-thirds vote. 2) With previous (advance) notice and a majority vote. 3) With a majority of the entire body. One interesting point is that in a small board (up to about 12 people), it may be easier to obtain a "majority of the entire body" than to obtain a two-thirds vote. Learn more in our article Counting a vote wrong is dangerous. Read more about "Amend Something Previously Adopted" in Robert's Rules of Order Newly Revised, iith edition, pp. 305-309• 2. RESCIND The next way to change a decision is to "Rescind" the motion. When you do this, the motion is revoked or canceled. The motion to "Rescind" requires one of the same three methods described above in "Amend Something Previously Adopted." Note that you cannot rescind a motion when something has been done, as a result of the vote on the main motion, that it is impossible to undo. I had an inquiry from a cleric about a decision taken at the previous week's meeting. The vouchers had been approved and the checks cut, but a councilmember had a question about one of the bills. From a parliamentary perspective, it was not possible to "Rescind" the motion approving the checks. Some other action was called for. Perhaps the body could move to put a stop on the check, or to appoint a committee to investigate the bill. If you're in this situation, if contract has been signed, for example, speak with your attorney. Read more about "Rescind" in Robert's Rules of Order Newly Revised, iith edition, pp. 305-309. 3 3. RECONSIDER Your third option is to "Reconsider" the motion. The British don't like this —they call it "the American motion." This motion has two steps: 1) A member moves to reconsider. 2) If the body agrees, the previous decision is canceled, and the body takes up the matter where it was just before the vote was taken. I like to think of this as the "Groundhog Day" motion. There we are with Bill Murray at 6:17 am, starting over again, at the point of discussion reached just before the vote. The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Note that a member must have voted "with the prevailing side" in order to move reconsideration. This means that if the motion passed, the member voted for it. If the motion failed, the member voted against it. If the vote was tied, so that it failed, the member voted against it. The reason for this requirement is obvious: to prevent a disgruntled minority from bringing something up over and over again. If the original motion was debatable, then the motion to reconsider, and the motion itself, can be debated. If the original motion could not be debated, then the motion to reconsider cannot be debated. I learned this rule at a convention in Washington DC, when the body "moved the previous question," that is, decided by a two-thirds vote to stop debate and vote immediately. (This motion is often referred to as "call the question" and cannot be debated.) A member moved to reconsider on the grounds of new information, and the body agreed to reconsider the motion. But they couldn't DISCUSS whether they should reconsider or not. According to Robert's Rules of Order, the motion "to reconsider" can be made ONLY on the same day or the next day, if a meeting continues to a second day. However, sometimes public bodies have rules of procedure allowing someone to move reconsideration at the next business meeting. Your own rules of procedure have more authority than Robert's Rules. As with Rescind, you cannot reconsider a motion when something has been done, as a result of the vote on the main motion, that it is impossible to undo. Read more about "Reconsider" in Robert's Rules of Order Newly Revised, lath edition, pp. 315-335• If the decision was negative and the motion failed If your body defeated a motion, you have two options: RECONSIDER - see item 3 above 4 4. RENEW Robert's Rules encourages bodies to make up their mind and stick to it —during the meeting! The idea is to keep meetings efficient, and prevent endless backtracking. However, if a motion is defeated, a member has the right to RENEW it, that is, to bring it up at a future meeting. You can read about renewal in our article, Renewing a defeated motion at a future meeting, and in Robert's Rules of Order Newly Revised, iith edition, pp. 336-342• General thoughts on Reconsider etc. I hope this article brings clarity to a murky subject. Part of the problem is that in ordinary speech, we use "reconsider" differently from the specific motion described in Robert's Rules. It will help your group if you master the three different ways that a body can change its mind during a meeting: 1. Amend Something Previously Adopted 2. Rescind 3. Reconsider And while it's technically feasible to "renew" motions, I encourage you to refrain from doing so. It's not a good use of your group's time to go round and round the mulberry bush, hashing out things that were already decided once. Respect for the majority decision is a key principle of Robert's Rules. Observing it will help your group function well, and earn you the respect of your colleagues. As Cornell Clayton of Washington State University says, "The willingness to engage in honest debate and lose, on issues you care deeply about, reaffirms your commitment to common citizenship." Reconsider, Rescind, or Amend previous decision © Jurassic Parliament 2o2o. All rights reserved. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including anytext, images, audio orvideo,withoutthewritten permission of Jurassic Parliament.Jurassic Parliament reserves the right to update our website at any time without notice to you. If you would like to use or quote this material for any purpose other than expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authority to address their issues. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com j491urassic Parliament Mastering meetings using Robert's Rules Rights and Responsibilities of the Member Weldon L. Merritt, PRP, CPP, has graciously authorizedJurassic Parliament to publish this listing of the rights and responsibilities of ordinary members of an organization. Please note that neither the list of member rights nor the list of member responsibilities is intended to be exhaustive. In addition, neither the rights nor the responsibilities are necessarily absolute in every instance. For example, the right to debate may be cut off or limited by motions for the Previous Question or to Limit Debate. And, while a member should not vote on a matter of direct personal interest, under Robert's Rules no member may be compelled to abstain on such a matter. Finally, as with all matters of parliamentary procedure, any right or responsibility established by RONR or any other parliamentary authority will yield to a contrary rule in the bylaws or in any applicable procedural statute. All citations are from Robert's Rules of Order Newly Revised,12th edition [RONR]. A MEMBER OF A DELIBERATIVE ASSEMBLY HAS THE RIGHT 1. to attend meetings. [1:4] 2. to make motions. [1:4] 3. to speak in debate. [1:4] 4. to vote. [1:4] 5. to abstain from voting. [45:3] 6. to be given copies of the assembly's governing documents, including bylaws, special rules of order (if any), and standing rules. [2:13] 7. to unilaterally modify or withdraw a motion the member has made before it has been stated by the chair. [4:19] 8. to speak first in debate on a motion the member has made. [3:33(1)] 9. to insist on the enforcement of the rules of order, through the raising of a Point of order. [23:1] io. to require the assembly to adhere to its agenda, program, or order of business, by a Call for the Orders of the Day. [18:1] — www.jurassicparliament.com z 11. to require a Division of the Assembly if the member doubts the result of a voice vote or a show of hands. [6:17(7)] 12. to change his or her vote up to the time the results are announced (except when the vote has been taken by ballot or another method providing secrecy). [45:8] 13. to demand a ballot vote on the question of guilt and on the imposition of a penalty in a disciplinary proceeding. [61:17] 14. to not have allegations against the member's good name made except by charges brought on reasonable ground. [63:5] 15. to have due process in any disciplinary proceedings. [63:5] 16. to require separate consideration of two or more unrelated questions offered in a single motion. [27:10-11] 17. to make a Parliamentary Inquiry or a Request for Information (also called Point of Information). [33:1] A MEMBER OF A DELIBERATIVE ASSEMBLY HAS THE RESPONSIBILITY 18. to become familiar with the assembly's bylaws and procedural rules. [2:13] 19. to obtain the floor before making a motion or speaking in debate. [3:30] 20. to refrain from criticizing a ruling of the chair unless the member has appealed from the ruling. [24:2] 21. to refrain from debating a matter that is not pending. [43:4] 22. to confine remarks to the merits of the pending question. [43:20] 23. to refrain from attacking or questioning the motives of other members. [43:21] 24. to address all remarks to or through the chair. [43:22] 25. to refrain from referring to members by name. [43:23] 26. to refrain from speaking adversely on a prior action not pending. [43:24] 27. to refrain from speaking against the member's own motion. [43:25] 28. to read from reports, quotations, or other documents only with permission of the assembly. [43:261 29. to be seated during any interruption by the chair. [43:27] 30. to refrain from disturbing the assembly. [43:28] 31. to refrain from explaining the member's vote during voting. [45:7] 32. to abstain from voting on a matter of direct personal interest. [45:4] @ Weldon L. Merritt 2020. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com j491urassic Parliament Mastering meetings using Robert's Rules Sample Scripts for Five Motions These scripts provide sample language to process the following motions: ■ Main Motion ■ Amendment and Friendly Amendment ■ Point of Order • Appeal ■ Call the Question (Previous Question) Chair Does any member care to make a motion? Member A 1 move that we hold a cruise on Dino Bay this spring. Member B Second! It has been moved and seconded that we hold a cruise on Dino Bay this Chair spring. Is there any discussion? The person who made the motion has the right to speak first. Mem ber A I think it will be a great way for our members to socialize. The bay is a sublime venue! Member C Lots of our dinosaur members get seasick on the water I think a cruise is not the best idea. I speak against the motion. Member B Well, it will be optional. Anyone who doesn't like cruises can just stay home. I think it's a fun activity and I'm in favor. Are you ready to vote? [pause] Hearing no further discussion, we'll take the Chair vote. The motion is that we hold a cruise on Dino Bay this spring. All those in favor, please say "aye." Members in favor Aye! Chair All those opposed, please say "no." Members opposed No! Chair The ayes have it, the motion passes, and we will hold a cruise this spring, OR The noes have it, the motion is lost, and we will not hold a cruise this spring. www.jurassicparliament.com AMENDMENT As the Main Motion is being discussed, a member speaks up. Member D I move to amend the motion by striking the word "spring" and inserting the word "summer." Member E Second! Chair It has been moved and seconded that we amend the motion by striking the word "spring"and inserting the word "summer."Is there any discussion? Member D Spring is coming right up. We need some time to organize this, and the weather will likely be better in summer. Member A Life is short! We should do this soon. I'm against the amendment. Member C The water is likely to be calmer and less choppy in the summer, so I'm in favor of the amendment. Are you ready to vote? [pause] Hearing no further discussion, we'll take the vote. The motion is to amend the motion by striking the word "spring" and Chair inserting the word "summer "Tit passes, the amended motion will read, "That we hold a cruise on Dino Bay this summer. "All those in favor of the Amendment, please say "aye." Members in favor Aye! Chair All those opposed, please say "no." Members opposed No! The ayes have it, the Motion to Amend passes, and the Main Motion is Chair amended, OR The noes have it, the Motion to Amend is lost, and the Main Motion remains as originally stated. Chair We will now resume discussion on the Main Motion has amended, Tit was amended]. Note that Amendments are voted on BEFORE the Main Motion. Once the fate of the Amendment has been determined, it is still necessary to vote on the Main Motion. Further Amendments are possible, provided that they apply to a different aspect of the Main Motion. Sample Scripts for Five Motions © Jurassic Parliament 2019. All rights reserved. P.O. Box77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com Jurassic Parliament: Sample Scripts for Five Motions page 2 of 5 FRIENDLY AMENDMENT As the Main Motion is being discussed, a member speaks up. Member F Member A, may 1 offer a friendly amendment? Would you be willing for us to hold a picnic instead of a cruise? Chair A friendly amendment is processed just like any other amendment. Would Member F like to offer an Amendment to the motion? Member F OK,1 move to amend the motion by striking the word "cruise" and inserting the word "picnic." Is there a second? [pause] Hearing none, theAmendment will not be Chair considered [OR if there is a second, process the Amendment in the usual way.] Note that once a motion has been made, seconded, and stated by the chair, the original maker of the motion has the same rights as every other member, but no other right. It is improper to ask the maker and seconder if they will accept a friendly amendment, since this would mean that they have a special proprietary right in the motion, which would be undemocratic. POINT OF ORDER During the discussion, a member speaks up. Member G 1 think that the old geezers in this club are too worn out to enjoy a cruise. Member H Point of Orderl Chair State your point. Member H The word "geezers" is insulting. Chair The point is well taken. Members will refrain from using improper language, OR The point is not well taken. Members may use this term. When a Point of Order is made, the chair must immediately issue a ruling. The chair may also turn to the group to decide whether the point is well taken (correct) or not (see next example). Note that once the chair has issued a ruling on a Point of Order, the only allowable discussion is to appeal the ruling. Jurassic Parliament: Sample Scripts for Five Motions page 3Of5 ANOTHER WAY TO PROCESS POINT OF ORDER Member G 1 think that the old geezers in this club are too worn out to enjoy a cruise. Member H Point of Order! Chair State your point. Member H The word "geezers"is insulting. Chair The chair is uncertain about this, so the members will decide. All those who believe that the word "geezers" is an insult, please say "aye." Members Aye! Chair All those who believe that the word is not an insult, please say "no." Members No! Chair The ayes have it, so the point is well taken. Members will refrain from using this term, OR The noes have it, so the point is not well taken. Members may use this term. APPEAL The chair has ruled that the Point of Order is well taken, and Member G disagrees. Member G Appeal! Member) Second! Very well, the ruling of the chair has been appealed and seconded. The members will decide whether the word `geezers"may be used. As you know, appeals Chair pertaining to language and decorum may not be debated. It is just a straight up -or -down vote. The chair has ruled that the word "geezers" is an insult. All those who believe that this ruling SHOULD be sustained, please say "aye." Members in favor Aye! Chair All those who believe it SHOULD NOT be sustained, please say "no." Members opposed No! The ayes have it and the chair's ruling is sustained. The term "geezers" may Chair not be used, OR The noes have it and the chair's ruling is not sustained. The term "geezers" may be used. Note that the chair's ruling stands until it is overturned, which takes a negative vote. A tie or a majority vote in favor means that the chair's ruling is sustained. The chair may vote on the Appeal. When an Appeal may be debated, the process is different from anything else in Robert's Rules. See our website for a script. Jurassic Parliament: Sample Scripts for Five Motions page 4 Of 5 CALL THE OU ESTION After obtaining the floor, a member who is tired of the debate speaks up. Member K 1 call the question! Member L Second! The question has been called and seconded. We will vote on whether to stop debate now and vote immediately on the pending question, which is [state Chair motion under consideration, which in this example is to hold a cruise on Dino Bay this summer].AII those in favor of stopping debate, please raise your right hand. Members in favor [raise right hand] Chair Thankyou, hands down. All those opposed, please raise your right hand. Members opposed [raise right hand] Thank you, hands down. There are two-thirds in favor of stopping debate, so Chair we will vote immediately on the pending question, OR There are not two- thirds in favor of stopping debate, so discussion will continue. ANOTHER WAY TO PROCESS CALL THE QUESTION Member K 1 call the question! Member L Second! Is there any objection if we stop debate now and take the vote on the imme- Chair diately pending motion? [pause] Hearing none, we will take the vote [OR if a member says "Objection," then proceed in the normal way as above.] Note that to Call the Question requires a two-thirds vote, since cutting off debate limits member rights.The vote must be taken so you can see the result, not by voice. A member may not shout out "Question," but must be recognized by the chair before making this motion. Once it is made, DO NOT simply shut down the debate. Have the members decide what to do. Note that in some instances, our suggested language differs slightly from the formal language of Robert's Rules, in order to reflect common practice and simplify the learning process. Jurassic Parliament suggestion Robert's Rules formal language It has been moved and seconded It is moved and seconded We will now have discussion Are you ready for the question? Are you ready to vote? Are you ready for the question? Appeal I appeal from the ruling of the chair I call the question! I move the Previous Ouestion. Jurassic Parliament: Sample Scripts for Five Motions page 5 of 5 j491 u rassic ParliamentMastering meetings using Robert's Rules Sanctioning rogue board members In general, people who serve on nonprofit boards or in local government are peaceful and compliant. But every once in a while, you get a rogue board member. What can be done? We believe that it's important for boards to be prepared to sanction rogue members when necessary. This is an unpleasant subject. However, all human organizations, even benign institutions like hospitals, schools and retirement communities, depend on power enforcement for their survival. If a member on your board is disrupting your work, we recommend you seek allies and take action. (Read this excellent article on "The Outlier Syndrome in Governing Bodies" for perspective on rogue board members.) Note that this article applies only to members of boards and local government bodies, not to the ordinary members of a nonprofit organization. Professional organizations with ethics requirements for their members will have separate procedures. The article also does not apply to citizens giving public comment at meetings. See our guidelines on that topic. ESTABLISH CLEAR GUIDELINES AND EXPECTATIONS The first and most important step is to establish clear guidelines and behavioral expectations. If you have adopted Robert's Rules of Order as your parliamentary authority, you have the basics in place. It can also be helpful to adopt more detailed discussion guidelines —see our blog post here. When everybody knows what is expected and agrees on how your group will conduct its business, managing that business becomes much easier. Just to remind, all persons present at a meeting have an obligation to obey the legitimate orders of the presiding officer (Robert's Rules of Order Newly Revised, iith edition, p. 645)• www.jurassicparliament.com z YOUR RULES SHOULD INCLUDE THE POWER TO SANCTION In drafting bylaws or procedural rules, it's easy to forget to mention sanctions. It's human nature to hope that everyone will be polite and act appropriately in all circumstances. Unfortunately that doesn't always happen. Including the power to sanction, and specific actions that maybe taken, in your bylaws or procedural rules will make it easier to tackle the problem if it occurs. WHAT KINDS OF OFFENSES SHOULD BE SANCTIONED? Given human ingenuity, there are many actions that could be subject to sanction. Here's a starter list: ■ Failing to offer courtesy and respect, using insulting or foul language in discussion ■ Failing to observe the rules of discussion: interrupting others, speaking out of turn, speaking beyond the established time limits ■ Violating the confidentiality of executive session ■ Failing to observe ethics guidelines ■ Taking actions outside the meeting which are aimed at undermining a board decision WHAT SANCTIONS CAN BE IMPOSED? Obviously sanctions should be considered only when there is an ongoing problem. Before embarking on the sanctions route, we recommend that a serious conversation be held with the offender, and that the individual be encouraged to change behavior without formal action by the board. Sometimes bringing the options to the offender's attention is enough to bring about change, or even resignation from office. If that isn't effective, you may have to impose a sanction. Craig Freshley wrote that "ideal penalties inflict just the right amount of hurt in order to tilt the scales toward compliance." Options include: ■ Verbal admonishment ■ Letter of reprimand ■ Formal motion of censure ■ Removal from external or internal committees ■ Being directed to leave the meeting at which the behavior occurs ■ Removal from a nonprofit board if the board has the power to do this Note that directing a member to leave the meeting at which the behavior occurs, removing a director from a nonprofit board, and removing the chair during a meeting are all drastic steps. Consult with your attorney before doing this. We have more information in the linked blog posts. WHO CAN VOTE ON SANCTIONS? Since misbehavior is a serious matter, it's best to require that a majority of the entire board (all directors in office) vote in favor. Check your state law and conflict of interest policy to determine whether the person who is the subject of the proposed sanction may vote on the motion, or not. From the perspective of parliamentary procedure, Robert's Rules has a specific disciplinary process, described on pp. 643 to 669. If this process has been started, the member may not vote on their own case. Robert also says that if a member offends repeatedly during a meeting, to the extent that the presider has warned the offender three times and "named" the member, they may not vote (see p. 646). Robert says that in other circumstances, the member may vote on the motion proposing to sanction them. 3 On a nonprofit board, even if you don't follow the formal disciplinary process, you may want to establish a special or select committee to consider the behavior and recommend action to the board. In a local government body, you will of course review state law and your options before moving ahead. SAMPLE SCRIPT FOR OFFENSES DURING A MEETING Member A: Member B has repeatedly violated our rules of procedure and persists in using insulting language towards his colleagues and the public. I move that Member B be issued a verbal admonishment and directed to cease his inappropriate behavior. Member C: Second! Chair: It has been moved and seconded that Member be issued a verbal admonishment and directed to cease his inappropriate behavior. Is there any discussion? Member A: This has just gone on too long! At every meeting Member B calls his colleagues "bozos" and describes the public as "the great unwashed."It's impossible to get any work done with all the high emotion around here. Member B: You people are all too sensitive. I'm just using humor to lighten things up a bit. I think this motion is a bunch of malarkey. Member D: Well, I agree with the motion. I'm sick and tired of all this nonsense. Chair: Is there any further discussion? [pause] Hearing none, we'll take the vote. All those in favor of the motion to issue a verbal admonishment to Member B and direct him to cease his inappropriate behavior, please say "aye." Members A, C, D and Chair: Aye! Chair: All those opposed, please say "no." Member B: No! Chair: The ayes have it and the motion passes. Member B, you are hereby admonished for your inappropriate and disruptive use of language during our meetings. Kindly cease such actions immediately and abide by our guidelines. Member B: Well, I have a lot more to say about that, Chair. Chair interrupts: The motion has been approved and no further discussion is in order. The next business in order is... Sanctioning rogue board members. © Jurassic Parliament 2019. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com j491 u rassic ParliamentMastering meetings using Robert's Rules Suspend the Rules with extreme caution By Ann G. Macfarlane, Professional Registered Parliamentarian The motion to Suspend the Rules is a trap for the unwary. Be careful in using this motion and avoid doing things that may get you into big trouble. David Balser, Mayor of Kenmore, Washington, once said to me, "The rule is there for a reason. When you suspend the rule, you give up on the reason, and you don't know what may happen as a result." Experience in meetings has led him to recommend that city councils avoid the use of Suspend the Rules if at all possible. Nonprofit boards should also be very cautious. RULES YOU CAN'T SUSPEND You can't use this motion to: 1. Suspend state law or a higher authority 2. Suspend all of Robert's Rules 3. Suspend your constitution or bylaws (with 2 exceptions) 4. Suspend the fundamental principles of parliamentary procedure 5. Suspend the rights of an individual member 6. Suspend a rule pertaining to something outside the meeting itself Let's examine these, and then talk about what you CAN do with Suspend the Rules. 1. You can't suspend state law or a higher authority Your organization is governed by the laws of your state, if you are a local government, or the state in which you are incorporated, if you are a nonprofit organization. Procedural rules established by state law cannot be suspended. For example, if your state law says that a majority of the board directors present must vote in favor for a motion to pass, you can't suspend that rule. The principle applies more broadly. You can't suspend rules established by a higher authority. For example, if you are a state chapter of a professional association, you can't suspend rules imposed by your national organization. www.jurassicparliament.com 2 If your organization suspends the rules and takes action that contravenes such provisions, the action is null and void. 2. You can't suspend all of Robert's Rules We sometimes hear of cases where a person says, "Let's suspend all of Robert's Rules!" No, no and no again. This cannot be done. The motion Suspend the Rules is not an invitation to ignore the parameters set by your organization and do whatever you want. 3. You can't suspend your constitution or bylaws (with 2 exceptions) Constitution and bylaws cannot be suspended, no matter how many people want to do it, or how inconvenient the provision is. A reader writes describing how the club bylaws required that officers should be employed full-time in the profession. The president was due to retire and wanted to continue serving as president until her term ended. We advised her that the club could not suspend the bylaws in order to do this. They would have to amend the bylaws to achieve this purpose. There are two exceptions: ■ If a particular rule in the bylaws provides for its own suspension, then it may be suspended. ■ If an item in the bylaws is "in the nature of a rule of order," then it may be suspended. C. Alan Jennings, PRP, says that this exception is narrow. The only rules it allows to be suspended are: changes to an order of business, permitting someone other than the president to preside, or permitting someone other than the secretary to take the minutes. This happened to me when a public hospital board was facing a set of 32 bylaws amendments. The president preferred to have the parliamentarian run that portion of the meeting in the interest of efficiency. The board voted by 4-1 to suspend the rules and allow the parliamentarian to preside. (I'm happy to report that we did work our way through all of the amendments in a single evening — though it was late when we finished!) 4. You can't suspend fundamental principles There are certain fundamental principles of parliamentary procedure that can't be suspended. ■ A school board was evenly divided on a question and asked the superintendent to cast the deciding vote. Non-members cannot vote. • A society wanted to take up two motions at once. one thing must be considered at a time. ■ The nonprofit board meeting had started with a quorum, but several people had to leave so the quorum was lost. The board voted to suspend the rules and take action anyway. Quorum requirements cannot be suspended. • You can't suspend notice requirements, rules protecting absentees, rule protecting a minority, or rules of decorum. ■ Voting protocols cannot be suspended. If your bylaws require a ballot vote, but there's only one candidate, you can't suspend that rule and elect the candidate by acclamation. 3 5. You can't suspend the rights of an individual member ■ If a member has failed to pay their dues, they can't be prohibited from voting. ■ If a board member has missed every meeting, they can't be barred from attending the annual meeting. Exceptions: Sometimes bylaws allow for such penalties. And if a member is under disciplinary proceedings, the rules are different. 6. You can't suspend a rule pertaining to something outside the meeting itself The standing rules state that the board of directors may authorize the organization to make grants Of up to $500 to charitable organizations that qualify. A director is gung ho to give $i000 to the local Rotary. The rules can't be suspended to do this. WHEN CAN YOU SUSPEND THE RULES? In some situations it is fine to suspend the rules. A member must be recognized to make this motion, it needs a second, it cannot be debated or amended, and it usually takes a two-thirds vote. The usual form of the motion is that the member moves "to suspend the rules in order to do [whatever action is desired]." If your council has a 3o-minute limit for public comment, a member could move to suspend the rules to give 15 minutes more, so citizens who are waiting can speak. If the board needs a few minutes to finish up a pending item, it could suspend the rules to extend the meeting. Another significant use of Suspend the Rules can occur when the person running the meeting refuses to follow Robert's Rules, abuses their power, or acts in an arbitrary manner. The group may temporarily replace the chair, for that meeting only, with another presiding officer expected to act in accord with the will of the assembly. Read our blog post, "Removing the chair during a meeting," for more on this issue. SAMPLE SCRIPT TO SUSPEND THE RULES Member A: I move to suspend the rules in order to extend our meeting time until 1o:3o pm. Member B: Second! Chair: It has been moved and seconded that we suspend the rules in order to extend our meeting time until io:3o pm. This motion cannot be debated and takes a two-thirds vote. All those in favor, please raise your right hand. Members in favor: [raise right hand] Chair: Thank you, hands down. All those opposed, please raise your right hand. Members opposed: [raise right hand] Chair: Thank you, hands down. There are two-thirds in favor and our meeting is extended until 1o:3o pm, OR there are not two-thirds in favor and we will adjourn at the usual time. Note that a two-thirds vote should not be taken by voice. Read our blog entry on this here. 4 USE UNANIMOUS CONSENT Often everyone is in agreement with a proposal to suspend the rules. If this is the case, the chair can use unanimous consent to move ahead. Read about this very useful technique in our blog post here. AVOID THIS LANGUAGE IN CITY COUNCIL RULES OF PROCEDURE We sometimes see language like this in city council rules of procedure: Any provision of these rules may be temporarily suspended by a two-thirds vote of the council, except when suspension would conflict with state law or city ordinance. This seems to us to be too broad. It could result in problematic actions. We recommend something along these lines: The council may vote to suspend the rules as authorized in Robert's Rules of Order, except when such suspension would conflict with state law or city ordinance. An argument is sometimes made that if a council has adopted Robert's Rules of Order, there is no need to refer to Robert specifically in the rules of procedure. We have found that since the book is 800+ pages long, it is useful to include individual points that are less familiar to readers within the rules of procedure themselves. The rules of procedure are more likely to be read. USE SUSPEND THE RULES APPROPRIATELY A political party had a rule that no endorsements could be made at convention. However, they frequently suspended the rules to allow such endorsements. Don't do this! If your group uses this motion frequently, consider amending your bylaws or standing rules as a better way to achieve your goals and keep your actions congruent with your stated purposes. LEARN MORE ON SUSPEND THE RULES We've tried to offer clear examples here, but sometimes Suspend the Rules gets into murky waters. Robert's Rules of Order Newly Revised, iith edition, covers the motion Suspend the Rules on pp. 260 to 266. You may find it useful to study these pages, see more examples, and learn more about the nuances of this challenging motion. Suspend the Rules with extreme caution. © Jurassic Parliament 2019. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www.jurassicparliament.com j491urassic Parliament Mastering meetings using Robert's Rules Table, Postpone, or Postpone Indefinitely The motion "To Lay on the Table" is commonly shortened to "Table." This is a motion that is often misused. The correct use of this motion is to put a Main Motion aside for a short while because some other more urgent business has arisen. It can only be made once a Main Motion is actually under consideration, and you can't table a whole class of business. The motion is commonly stated like this: Member: Imove to table this motion. Note that the preferred language according to Robert is: Member: Imove to lay this motion on the table. Table has a high rank This motion has a rank of 8 in the precedence of motions. (Read our article Precedence of Motions in Robert's Rules for this concept.) It requires a second, it cannot be debated, and it takes a majority vote to pass. If it passes, the Main Motion is placed in the secretary's care —on the secretary's table, as it were. There is no set time to take it up again. The motion just waits until it is "Taken from the Table," like this: Member: I move to take the motion from the table. The motion "to Take from the Table" similarly requires a second, is not debatable, and takes a majority vote. If it passes, the group resumes discussion of the Main Motion where it left off. The motion "to Take from the Table" can be made when the group is considering items of the same class (unfinished business, new business, etc.) as the Main Motion. www.jurassicparliament.com z However, if the group declines to pass "Take from the Table," then the Main Motion remains on the table. It will remain available to be taken from the table later if the group chooses at this meeting or the next meeting. (There is a restriction here: the next meeting must occur within a quarterly time interval, that is, not later than the end of the third month away.) Again, at the next meeting, when the proper class of business is reached, a member will have to move "to Take the Motion from the Table." If by the end of the next meeting the Main Motion has not been "taken from the table," then it falls to the ground, and is functionally dead —but see below about killing a motion. Don't say "table until." Move to Postpone instead You can see from this description that when a motion is tabled, it has a special status until it is taken from the table. If on the other hand you want to defer this motion to a specific time, the correct thing to do is to move to Postpone the Motion to a Definite Time, like this: Member: I move to postpone this motion to the next meeting/until tomorrow's meeting/until after our scheduled recess. The Motion to Postpone to a Definite Time has a rank of 5, needs a second, can be debated, and takes a majority vote to pass. Under Robert's Rules of Order Newly Revised, iith edition, the next meeting (if within less than a quarterly time interval) is the farthest time to which a motion can be postponed. If you would like to put something off to a more distant time than the next meeting, you should refer it to a committee. Alternately, at the next meeting, you could vote to postpone the motion again, to the next meeting, and so on. Want to kill a motion? Don't use "Table!" Another common mistake occurs when people move to table a motion in order to kill it. They imagine that this will allow them to sweep the motion under the rug, as it were, without having to take a formal vote. This is incorrect and can lead to this dialogue: Member: Imove to table the motion Chair: For what purpose does the member seek to table the motion? Member: Iwant to kill it! Chair: That is an incorrect use of the motion to Table. Would the member like to move to Postpone the Motion Indefinitely instead? This is a rare instance where the chair may ask what a member is trying to do. 3 Postpone the Motion Indefinitely The name of this motion always makes me laugh, but the motion performs a useful function. Moving "to Postpone the Motion Indefinitely" allows a group to cease consideration of a motion when it isn't desirable either to approve it or to defeat it. In other words, they decline to take any position at all. There may be political reasons why a body would rather punt on an embarrassing motion, and sometimes it's wise to do so. Member: Imove to postpone this motion indefinitely. This motion has the very low rank of 2. The body must have disposed of all the other subsidiary motions that could have been made, such as "Refer to Committee" or "Amend," before making this motion. I'm always looking for good examples of this motion, so if you have one, please share it with US. Motion to Postpone Indefinitely needs a second, is debatable, and takes a majority vote to pass. A motion that is postponed indefinitely is disposed of for this meeting. However, it can be brought up again (renewed) at a future meeting, if the patience of your group will bear it. Read about this in our article, Renewing defeated motion at future meeting. Colette Collier Trohan has written an excellent summary of these three motions, with more specific details, in her article, Avoiding Action in Robert's Rules, which are we are honored to share with you as a guest article here. You may also find our article When can you withdraw a motion of interest. Table, Postpone, or Postpone Indefinitely © Jurassic Parliament 2020. All rights reserved. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including anytext, images, audio orvideo,withoutthewritten permission of Jurassic Parliament.Jurassic Parliament reserves the right to update our website at any time without notice to you. If you would like to use or quote this material for any purpose other than expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authority to address their issues. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com j4V1u?assic Parliament Mastering meetings using Robert's Rules What Is a Quorum FAOs Quorum questions are the most common searches on the Jurassic Parliament website. We hope that this guide to frequently asked questions will address your issues. This article is based on Robert's Rules of Order Newly Revised, izth edition. Read about quorum in Chapter XI, Section 40. As always, nothing in this article constitutes legal advice. Consult a qualified authority for information about your specific issues. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including any text, images, audio or video, without the written permission of Jurassic Parliament. Jurassic Parliament reserves the right to update our website at anytime without notice toyou. If you would like to use or quote this material for any purpose other than expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authorityto address their issues. www.jurassicparliament.com 2 TABLE OF CONTENTS QUORUM BASICS 1. What is a quorum? 2. How is "quorum" different from "votes cast"? 3. Who or what defines the quorum? 4. How large should a quorum be? 5. Who announces the quorum? 6. When do you need a quorum? 7. Can you suspend the quorum requirement? 8. What does it mean to say "majority of the quorum"? 9. What is the origin of the word "quorum"? LOSING THE QUORUM 10. If we don't have a quorum at the start of the meeting, what actions can we take? 11. If we have a quorum at the start of the meeting, does it continue regardless? 12. Can someone leave to break the quorum? 13. If you're in the room and say nothing, are you still part of the quorum? 14. What if nobody says anything about losing the quorum? 15. If you abstain, does that affect the quorum? QUORUM PROBLEMS 16. What if state law says something different about quorum? 17. What is a "walking quorum, "rolling quorum," or "serial meeting"? 18. What is the IRS position on quorums? 19. What if my nonprofit board has gathered but we're short of a quorum? 20. What if we can't obtain a quorum to amend our bylaws? Jurassic Parliament: What Is a Ouorum FAOs page 2of6 3 ■ OUORUM BASICS 1. What is a quorum? The quorum is the minimum number of voting members who must be present at a meeting for business to be done. 2. How is "quorum" different from "votes cast"? "Quorum" is a passive condition. It gets you ready to take action. "Casting votes" is an active condition, when you vote to approve or deny a particular proposal. The quorum refers to the number of members present, not to the number actually voting on a particular question. The quorum allows you to vote, but is not itself a vote. It is not required that everyone who is part of the quorum should vote for a vote to be valid. 3. Who or what defines the quorum? Your state law may set minimum quorum requirements for your organization. Within those requirements, your bylaws (or "constitution and bylaws" if you have such a document) defines the quorum. If the bylaws fail to specify the quorum, by common parliamentary law, it is a majority (more than half) of the members eligible to vote. For a board of directors, ordinarily the quorum is counted based on the number of directors actually serving in office (the entire membership). For example, if on a nine -member board all director positions are filled, a majority of the entire membership is five. If two people have resigned, a majority of the entire membership is four. It sometimes happens that bylaws set the quorum as a percentage of the "fixed membership," meaning all the positions on the board. In that case, in our example the quorum would be five, no matter how many vacancies existed. We recommend setting the quorum as "either a [specific] percentage of the members, or a fixed number, whichever is lower." Here are some examples of percentages: Number of members Majority of members (more than 50%) 30% of members 100 people 51 30 50 people 26 15 10 people 6 3 5 people 3 2 Note that you can't have a fraction of a person! 30 5/6 of 5 equals 1.5 people, so the number is rounded up to reach a quorum requirement of 2 people. 4. How large should a quorum be? The answer will depend upon the size of your organization. For a small board, the requirement of a majority is reasonable. For a large organization, it may be difficult or even impossible to obtain the attendance of a majority of the members at a meeting. Robert's Rules of Order recommends setting a number that is as large as can reasonably be depended upon to be present at any meeting, except in very bad weather or other exceptionally unfavorable conditions. 5. Who announces the quorum? The chair determines that a quorum is present, or not, at the beginning of the meeting. Jurassic Parlia- ment recommends that the chair announce the fact, though this is not required by Robert's Rules of Order. Jurassic Parliament: What Is a Ouorum FAOs page 3 of 6 4 6. When do you need a quorum? You need a quorum to conduct business. For a local government body, "business" includes discussion, voting, and hearing from the public. A private nonprofit board may hold discussion without a quorum, but a city council, school board, utility board etc. may not. 7. Can you suspend the quorum requirement? No, the requirement for a quorum cannot be suspended. This essential condition protects the rights of all members. The organization should not be bound by decisions taken by a small number of members who might attend a meeting but are not representative of the membership as a whole. 8. What does it mean to say "majority of the quorum"? Strictly speaking, this term means a majority of the number that makes up a quorum. For example, on a 9-member board, the quorum is 5 members, so a majority of the quorum is 3. However, sometimes this term is misused. A rule may say "majority of the quorum" when what is actually intended is "a majority of the voting members present." If you think there is such confusion in your authority documents, check with your attorney as to the actual intent of the phrase. Note that your group itself is the final authority for interpreting its bylaws. Once your group resolves the ambiguity, we recommend amending the bylaws to clarify the intent. 9. What is the origin of the word "quorum"? George Demeter in Demeter's Manual of Parliamentary Procedure tells us that the word came from the diploma appointing justices of the Peace in England. It was used to remind the new Justices that they were expected to attend meetings to attend the King's business: Quorum unum esse volumus, meaning "of whom we wish you to be one." ■ LOSING THE OUORUM io. If we don't have a quorum at the start of the meeting, what actions can we talce? Robert's Rules of order says that if there is no quorum, you can fix the time to which to adjourn (that is, continue the meeting to a future time), adjourn the meeting, take a recess, or take measures to obtain a quorum. See also #19 below. ii. If we have a quorum at the start of the meeting, does it continue regardless? No, once you lose your quorum, you lose the ability to conduct business. But see #16 below on state law. i2. Can someone leave to break the quorum? Yes, members of the body can leave the meeting and prevent the other members from taking any action. We have seen several instances in recent years of state legislators using this maneuver. While such actions are unfortunate, they are allowable unless the law says otherwise. 13. If you're in the room and say nothing, are you still part of the quorum? Yes, your being present in the room makes you a part of the quorum. If you fail to answer "present" when the roll is called, you are nevertheless considered to be at the meeting and part of the quorum. This principle was established in a battle conducted by House Speaker Thomas Reed in 1890 that included representatives hiding under their desks and other high drama. You can read a fascinating account in Barbara Tuchman's book, The Proud Tower. Jurassic Parliament: What Is a Ouorum FAOs page 4 of 6 5 14. What if nobody says anything about losing the quorum? People sometimes erroneously believe that if you notice that there is no quorum but say nothing about it, everything is fine. If the quorum is lost, then it is lost, whether or not anyone mentions it. In the absence of a quorum, only limited action can be taken, as described in #10 above. Note that Robert's Rules of Order says that "a point of order relating to the absence of a quorum is generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrospectively by a ruling of the presiding officer, subject to appeal." (Section 40:12). 15. If you abstain, does that affect the quorum? Ordinarily, a member who is present and abstains from voting is still counted as making up the quorum. However, some interpretations of business law state that a member with a conflict of interest must abstain from voting and is not counted as part of the quorum. In such a case, consult with your attorney. Don't abstain just because you don't feel like voting. When you accept service on a nonprofit board or local government, participating and voting is your fiduciary duty, unless you have a valid reason for recusing yourself by abstaining. ■ OUORUM PROBLEMS 16. What if state law says something different about quorum? There are some states where, once a quorum has been established, the meeting may continue even if the quorum is lost. We believe that this is regrettable. However, state law has higher authority than your bylaws and Robert's Rules of order. i7. What is a "walking quorum," "rolling quorum," or "serial meeting"? These terms refer to a situation when members of the body hold discussions, in person or via email, outside of the meeting, such that a number equivalent to a quorum have discussed the body's business. Sunshine laws and open meeting laws preclude this type of action. Note that these types of laws generally do not apply to non -governmental bodies, though there are some states in which they do. Sunshine laws were passed to require transparency. Deliberations hidden in email communications deprive the membership or constituency of that transparency, which can erode trust in the board, and is illegal in local governments. Similarly a staff member is not allowed to poll individual members of the body in order to gain their agreement outside of a meeting. 18. What is the IRS position on quorums? It is our understanding that for a nonprofit organization, a quorum is the minimum number of unrelated members who are needed to hold an official meeting. The Internal Revenue Service wants to be sure that a public charity truly benefits the public, not a group of self -interested individuals. Greg McRay gives a clear explanation in his Foundation Group article, Avoiding Conflict of Interest on a Nonprofit Board of Directors. See also our article, Can married couples serve together on a nonprofit board? Jurassic Parliament: What Is a Ouorum FAOs page 5 of 6 7, i9. What if my nonprofit board has gathered but we're short of a quorum? For ordinary nonprofit boards who do the work of their organization, it can be discouraging to find that you do not have a quorum. We have had success with passing a bylaws amendment enabling the board to meet as a "Committee of the Whole" without a quorum. In such a case, the members can discuss the pending issues and make recommendations to the full board, which will be taken up at the next meeting. You have to amend the bylaws because under Robert's Rules of Order, a quorum is needed to meet as the Committee of the Whole. If there is no quorum, it is also reasonable for a nonprofit board to discuss board business informally, without creating a Committee of the Whole, as long as they are only talking and not deciding. Although we do not recommend it, it is possible for a non-quorate meeting to take actions and after- wards request that the full board ratify them. The board is under no obligation to do so, and if the actions are not ratified, the individual members would be personally liable for any expense incurred, for example. A final option is to propose an action and then request unanimous written consent, by each and every member of the board, to approve it. Note that this option is available only if your bylaws or applicable state laws allow it. Read our article Unanimous written consent in lieu of a meeting. 20. What if we can't obtain a quorum to amend our bylaws? This is a challenging situation! The best advice we have is to make a serious effort to obtain the quorum, bringing home to the members how significant and important this aspect of your governance is. If that doesn't work, you can take "second-best" measures. Some organizations have done this in the face of the pandemic and prohibitions on in -person meeting. For a membership organization where the members have the power to amend the bylaws, you could prepare bylaws amendments, email them to every member, and request that members vote on the proposed amendments by a certain date. If two-thirds of those who cast their vote, vote in favor, you can take it as a valid amendment. General Robert himself, the original author of Robert's Rules of Order, offered a similar suggestion in his book Parliamentary Law, which expands on many points in Robert's Rules of Order. It's in accord with common law doctrine of "cy pres," a legal term meaning "as close as possible." A legal requirement or a bylaw requirement cannot be enforced when the organization is unable to do it. The organization is charged with doing "the next best thing." Be sure to do this in good faith, and make a genuine effort to reach everyone! Be warned that if you have a litigious member who disagrees with this action, it could be challenged as a violation of your bylaws. However, in general, the courts engage with this type of procedural issue only when it can be shown that someone has been harmed by the organization's action, which might be difficult to demonstrate. What Is a Ouorum FAOs © Jurassic Parliament 2021. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com j491urassic Parliament Mastering meetings using Robert's Rules When does chair discuss and vote? Confusion about the role of the chair at meetings can be widespread. Here are some parameters. CHAIR OF LARGE MEETING DOES NOT DISCUSS AND VOTE When a large assembly (group) is meeting, the chair serves as a facilitator. The chair does not take part in debate (discussion) and does not vote, unless the vote is by ballot. This is a basic and important rule for large groups. If for some reason the chair feels impelled to speak in discussion, the chair steps down from the chair (position of authority) and another person takes over. Customarily this is the vice -chair or vice-president, if that person has not yet spoken in discussion. The chair remains seated with the ordinary members until the matter is decided, after which the chair steps up again. This chair, seen at the Fairhaven Village Inn in Bellingham, Washington, was a prop for the movie "The King and 1."It embodies the authority of the chair of the meeting. When I was president of the Northwest Translators and Interpreters Society, we were discussing a code of conduct provision that would have prevented our members from criticizing each other. I believed strongly that this was improper, so I handed over the gavel to the vice-president and expressed my views along with the other members (who voted in accord with my position, I'm happy to say!). I was fortunate in having a capable vice-president who was not fazed by this challenge. CHAIR OF SMALL BOARD MAY DISCUSS AND VOTE Robert's Rules of order has special rules for small boards (read about them on our website). A "small board" is defined as up to about 12 people. In a small board, the chair may make motions, may take part in debate, and may vote, unless the law, regulations or bylaws of your organization say otherwise. While Robert's allows this freedom to the chair, Jurassic Parliament believes that in general the chair should refrain from making motions. The chair can invite the members this way: "Does any member care to make a motion that...?" www.jurassicparliament.com If the chair wishes to discuss, they should speak last. And if they vote, they should vote last. The reason is that we humans tend to give undue deference to our leader. Better decisions arise when everyone is on an equal footing, and the chair can encourage this by holding back a bit. Please note that these are Jurassic Parliament suggestions, and are not included in Robert's Rules of Order. LAW AND REGULATION AFFECT WHEN CHAIR MAY DISCUSS AND VOTE In looking at your own situation, be sure to examine any state laws or regulations that apply to your situation. These have higher authority than Robert's Rules of Order. Example: In Washington state, under the "mayor/council" form of government, it is often customary for an elected mayor to take some part in the debate, though the mayor must not dominate the discussion. An elected mayor does not vote except in certain specific instances, which you can read about in the Citizen's Guide posted on our website. Example: Another form of government in Washington State is the "council/manager" system. Under this form, the council is elected by the citizens, and the council then elects the mayor. The Revised Code of Washington states that the mayor in this form has full rights to participate and debate (see RCW 35A.12.110). We believe that this is right and just, since a councilmember serving as mayor would fail to represent their constituency if they refrained from debating and voting. If you are serving on an elected local government body, we believe that you should debate and vote, unless the rules or bylaws say otherwise. BYLAWS CAN AFFECT WHEN CHAIR MAY DISCUSS AND VOTE Sometimes bylaws say that the chair does not vote "except in case of a tie." The actual language in Robert's Rules of Order Newly Revised, iith edition is a little different: "The chair protects his impartial position by exercising his voting right only when his vote would affect the outcome, in which case he can either vote and thereby change the result, or he can abstain." P. 53 These little words, "affect the outcome," lead to the following guidance: ■ If there is a tie vote —equal votes in favor and against —the chair can vote in favor to break the tie. ■ However, if there is one more vote in favor than against, the chair can also vote against, thereby creating a tie. Since a tie vote fails, this means that the motion is lost. If your bylaws say "the chair does not vote except in case of a tie," we recommend amending them to use Robert's language. Note that the chair gets only one vote. Always remember, Robert's Rules of Order is the foundation on which you build your house, using the laws, regulations and bylaws that apply to your specific situation. Read your bylaws! They are crucial to guide your organization. And create "special rules of order" as needed. You can read about them on our website. Have you had issues around the role of the chair? Contact us and share your stories! @ Jurassic Parliament 2019. All rights reserved. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com