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HomeMy Public PortalAboutResolution 2018-04, Approving And Adopting "Rules Of Order For The City Of Riverdale Proceedings" To Establish For The Operation Of City Meetings For The City Of Riverdale, Iowa - CALIFORNIA RULES & RIVERDALE'S GUIDELINE FOR ROSENBERG RULES RESOLUTION NO. 2018-04 RESOLUTION APPROVING AND ADOPTING "RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS" TO ESTABLISH GUIDELINES FOR THE OPERATION OF CITY MEETINGS FOR THE CITY OF RIVERDALE, IOWA . WHEREAS, the City Council of the City of Riverdale ("City")has considered adopting its own rules as is provided for in Section 17.04, Council Meetings, and which authority is granted by the Code of Iowa, Section 372.13[5]; and, WHEREAS, upon the recommendation of the Mayor, the Council has considered adoption of"Rosenberg's Rules of Order", a simplified set of rules recommended by the League of California Cities, among others, for small organizations; and, WHEREAS, having given due consideration to "Rosenberg's Rules of Order" and is desirous of adoption of them, in the form as attached, entitled"Rules of Order for City of Riverdale Proceedings, 03/26/2018", in the interest of conducting more effective and efficient meetings, does wish to adopt these rules for the above reasons. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That"Rules of Order for City of Riverdale Proceedings, 03/26/2018" edition, are hereby attached to and become a part of this resolution. Section 2. That"Rules of Order for City of Riverdale Proceedings, 03/26/2018" are hereby adopted as the rules of order for the conduct of the meetings of the City Council; and, Section 3. That any rules of order which have been previously adopted are hereby repealed and replaced in their entirety by"Rules of Order for City of Riverdale Proceeding, 03/26/2018". PASSED AND APPROVED this \ day of ` , 2018. ichael Bawden, Mayor ATTEST: tr Ronald Fullerlove, City Clerk Prepared by City Administrator Tim Long Revised March 27, 2018 CITY O F RIVERDALE ,; , j ,;3a _rm j, 1111111A"^ 110 MANOR DRIVE• RIVERDAu,IA 52722 a: � ;ek ; -- • '-, ,. : PHONE(563)355-2511 �I^= , " Memorandum Date: March 27,2018 To: Members of the City Council C: City Administrator,Tim Long From: Mayor Mike Bawden Subject: Rules of Order for City of Riverdale Proceedings Attached,please find a clean copy of the rules of order governing all City proceedings. The intent here is to establish a streamlined set of procedural rules rather than vaguely following the rules set forth in Robert's Rules of Order which go largely un-read and,as a result,unfollowed. The goal of this document is to establish rules of procedure for public meetings that are simple enough for most people to understand and follow.The rules are intended to accomplish the following: 1. Establish a framework for the orderly conduct of meetings; 2. Encourage a wider understanding of how City meetings are structured and,as a result, encourage orderly participation in those meetings by both elected officials and the residents they represent; 3. Spell out often misunderstood procedural concepts in language that any citizen can understand;and 4. Provide a framework for thorough discussion and deliberation of issues so a clear decision can be reached by the governing body. Those general goals being clearly established up-front,here is an initial draft at a set of rules intended to achieve them.Following your review of this draft,I would appreciate any comments and suggested changes so we can have a final draft to review and adopt in the near future. Thank you. 1 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 Establishing a Quorum A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted.The default rule is that a quorum is one more than half the body. For our purposes,quorums for the following meetings shall be: a) City Council Meetings: 3 Members b) Planning and Zoning Commission Meetings: 3 Members c) Zoning Board of Adjustments Meetings: 3 Members d) All other City boards,commissions and committees:1 more than half the members If the body has less than a quorum of members present,it cannot legally transact business. Even if the body has a quorum to begin the meeting,the body can lose the quorum during the meeting when a member departs.When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The Role of the Chair It is the responsibility of the chair of the body who applies the Rules of Order(the Rules)to the conduct of the meeting.The chair should have read and understand the Rules in advance of the first meeting of the body which it will oversee. The chair of the body makes the final ruling of the application of the Rules and all rulings are final unless overruled by the body itself Since the chair runs the conduct of the meeting,it is usual courtesy for the chair to play a less active role in the debate and discussion than the other members of the body.This does not mean the chair should not participate in the debate or discussion—in fact,as a member of the body,the chair has the full right to participate in the debate,discussion and decision-making of the body. What the chair should do,however,is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point of time. In some circumstances,the chair is a fully-participating/voting member of the body.In Riverdale, however,the Mayor serves as the chair of City Council meetings but is not allowed to vote on motions that come before it. Meeting Notices,Agendas and Formats All meetings of city bodies are to be held in public unless special conditions exist that require or allow for a closed meeting(as per Iowa Code).Requirements for public posting vary from meeting type to meeting type,but the City's staff personnel will be able to assist the chair of a body with posting and 2 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 publishing an appropriate meeting notice within the mandatory timeframes dictated by State of Iowa law. Postings of meeting notices are typically made on the City's bulletin boards outside City Hall as well as other designated areas.Some meeting notices also need to appear in the newspaper. It is a best practice,however,to also post the meeting notice on the City's website and social media accounts.A special notice can also be delivered by mail or email,although those notices are not to be considered replacements for state-approved,public notices. A meeting notice usually includes the agenda for the meeting.The agenda constitutes the body's agreed-upon roadmap for the meeting.It's often helpful—but not mandatory—for the agenda items to be numbered for easy reference by both the chair and members of the body during the meeting. At the beginning of a City meeting—often following a welcome from the chair,a roll call of the members of the body and the Pledge of Allegiance—the chair is expected to ask members of the body if there are any items on the agenda that should be removed.Members can only remove agenda items they initially requested be put on the agenda. The chair may also ask if any of the agenda items should be re-ordered in order to streamline the flow of information and discussion during the meeting. This may include moving items off a consent agenda and placing them elsewhere in the regular agenda for further discussion before those items are put to a vote. When taking up an item on the regular(i.e.non-consent)agenda,it's recommended the chair follow this format: a.) Announce the agenda item number and state what the agenda item is; b.) Invite the appropriate person(s)to report on the item,including any recommendations they may have; c.) Ask members of the body if they have any technical questions for the person making the recommendation or if there are any other clarifications required to fully understand the item and recommendations; d.) If the person making the report is asked to respond,the chair should allow a reasonable time for a focused response; e.) Next,the chair should ask the attending public if there are any further questions or comments—if there are a lot of people asking for time to speak,the chair has the right to limit time for each speaker; f.) Once the public has provided its input,the chair should announce that public input has concluded; g.) Invite a motion to act on the report or recommendation(it's best practice for the chair to announce the name of the member of the body who makes the motion); 3 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 h.) Ask for a second to the motion(and announce the name of the member who seconds the motion)—remember that seconding a motion doesn't mean support for that motion,just that the body can vote on it; i.) Prior to voting,the chair should make sure everyone in the body understands the motion (either by repeating the motion verbatim,asking the maker of the motion to repeat it verbatim or asking the clerk of the body to repeat it verbatim); j.) Once a motion has been moved and seconded THEN the body can discuss and deliberate it; k.) In all cases where a motion is brought forward and seconded for consideration and action, the name of the members moving and seconding the motion shall be entered into the record; 1.) When two or more members request recognition to speak on the motion,the chair shall have the right to choose which member is allowed to speak first; m.)The chair is authorized to ask any member to cease or limit discussion or to call the question before the body for a vote when it appears further discussion will not be meaningful; n.) If there is little to no discussion or deliberation,the chair can hold a vote on the motion; o.) If there is substantial discussion or deliberation,the body is best served by having the motion repeated prior to taking a vote; p.) The chair takes the vote-it is the chair's discretion as to whether that vote should be a simple acclimation(e.g."all in favor,say`aye')or a roll call vote; q.) If the vote by acclimation of the members is not clear,the chair is required to take a roll call vote; r.) Members of the body can vote in any of the following ways: a. Abstain—A statement that the member will not vote due to actual or potential conflict of interest;an abstention is not a vote and cannot be counted as an affirmative vote on any matter at issue b. Aye/Yes—A vote in the affirmative c. Nay/No—A vote in opposition d. Pass—A request by the member to withhold his/her vote on the motion until the remaining members of the body have voted e. Present—A statement by the member that they will not vote on the motion before them,but wishes it known that they were present at the meeting;a vote present is considered a vote in opposition to the motion. 4 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 s.) Following the vote,the chair is expected to announce the result of the vote;what action(if any)the body has taken and,for the record,the names of the members of the body who voted in the minority of the motion. In the case of adopting,repealing or amending an ordinance of the City,all affirmative and opposing votes shall be taken and entered into the public record. Motions Motions are the vehicle for decision-making by a body.It's best to have a written motion(complete with background/backing information)supplied with a meeting agenda(in what's commonly referred to as a"packet").This helps the body focus its discussion and keeps the meeting moving along. Motions are made in a simple,two-step process: a.) The chair recognizes the member of the body who will make the motion(its"sponsor"); b.) The member makes the motion by saying:"I move..." In the interest of expedience,it is considered appropriate for the chair to"entertain"a motion— usually as it is in the packet received by members of the body in advance.The sponsoring member can merely state:"I so move..."and the motion has been made. There are three basic motions.These are: a.) The basic motion—one that puts forward a decision for the body to consider and accept, modify or reject; b.) The motion to amend—a motion to change or modem the basic motion currently being considered; c.) The substitute motion—a motion intended to completely do away with the basic motion currently under consideration. Motions to amend and substitute motions are often confused but the effects(if passed)are quite different.If there is any confusion,it is the discretion of the chair to determine whether a motion is really a"motion to amend"or a"substitute motion." There can be up to three motions on the floor at the same time.The chair should reject any additional motions(i.e.a fourth motion)until the three currently under consideration have been resolved. When there are two or three motions on the floor at the same time,the vote should proceed first on the last motion that is made.Depending on the outcome of that discussion,debate and vote,the chair then can move on to consider the second(middle)motion depending on the decision reached concerning the third(last)motion. Following discussion,debate and the vote on the second(middle)motion,the chair then moves to consider the first motion—accounting for the effect of the decision reached on the second(middle) motion.This first(original)motion is considered in its altered form(depending on the decisions 5 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 reached about the second and third motions)when the body begins its discussions,debates and deliberations. During this final debate,additional motions may be moved and considered again,requiring the chair to go through the process again. Discussions,Debates and Deliberations The basic rule of motions is that they are subject to discussions and debate. There are some exceptions to the general rule of free and open debate on motions.The exceptions apply when there is a desire of the body to move on.The following motions are not debatable—meaning when the following motions are made and seconded,the chair must immediately call for a vote of the body without debate on the motion: a.) Motion to Adjourn—Requires the body to immediately adjourn to its next regularly- scheduled meeting;Requires a simple majority vote. b.) Motion to Recess—Requires the body to take an immediate recess;normally,the chair determines the length of the recess.Requires a simple majority vote. c.) Motion to Fix the Time to Adjourn—Requires the body to adjourn the meeting at a specific time set in the motion.It requires a simple majority vote. d.) Motion to Table—Requires the discussion of the agenda item to be halted and for that item to be placed"on hold."A motion to table can specify a date for the motion to be put back on the agenda or it can be non-specific.If an item is tabled with a non-specific motion,a motion to take the item off the table"and bring it back for consideration has to be taken at a future meeting.A motion to table requires a simple majority vote. e.) Motion to Limit Debate—Ends debate on an agenda item and requires the body to vote on the issue before them.This motion cannot be debated.When such a motion is made,it requires a second and then a vote of 2/3 of the body to pass(instead of a simple majority vote).If the motion succeeds,the chair must proceed to a vote on the issue before the body. f.) Motion to Object to Consideration—Similar to a Motion to Limit Debate,this motion,if passed by 2/3 of the body,precludes the body from even considering the item being objected to on the agenda.Also like the Motion to Limit Debate,this motion cannot be debated. The"Motion to Reconsider"is a special and unique motion that requires more explanation than most. After discussion,debate,deliberation and a vote on an issue,the matter is considered closed.The only way to re-open an issue is with a Motion to Reconsider. A Motion to Reconsider requires a majority vote to pass(like most other motion),but it must be made at the meeting where the item was first voted upon.A Motion to Reconsider made at a later time is deemed to be"untimely"not allowed unless the body agrees to suspend its rules by a 2/3 majority. A Motion to Reconsider maybe made only by certain members of the body:a member who voted in the majority on the original motion.If such a member has a change of heart,he or she may make a Motion to Reconsider and any member of the body may second that motion. 6 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 If a member who voted in the minority seeks to make a Motion to Reconsider,the chair must rule the motion out of order and it can't be considered. If a Motion to Reconsider passes,then the original matter is back before the body and a new original motion is in order.The matter maybe discussed and debated as if it were on the floor for the first time. If a Motion to Reconsider fails,the original matter is finally decided and a subsequent Motion to Reconsider cannot be brought forward. Counting Votes If a simple majority vote is needed to pass a motion,then the votes in the affirmative must number at least one more than 50 percent of the body in order to pass.Abstentions(or blank ballots when casting votes in writing),while not counted as an opposing vote,cannot be counted as a vote for the affirmative.Votes of"present"are counted as opposing votes. In the event of a tie vote,the motion always fails. Courtesy and Decorum These rules of order are intended to create an atmosphere where the members of the body and the members of the public can attend to the business of the City in a manner that is both efficient and fair. That being said,it is incumbent on all parties(both public servants,City staff and contractors and the general public)to behave in a way that is courteous and well-mannered. Only one person at a time is allowed to have the floor.It is the chair's responsibility to recognize the speaker—and if that speaker is not a member of the City Council,the Mayor or a recognizable member of the City's staff,the speaker is expected to give his/her name,title(if any)and brief explanation as to his/her interest in the matter under consideration. While a person has the floor,others attending the meeting are expected to remain respectful and quiet so everyone can hear.It is the chair's responsibility to make sure the person speaking is loud,clear and understood.To that end,the chair may,from time to time,ask the speaker to clarify or explain their statements or to repeat statements for the record or for others to hear more clearly. It is also the chair's responsibility to make sure debate and discussion of an agenda item remains focused on the issues at hand and the City's policies or proposed actions and not the personalities of the presenter,organizations or individuals represented by the speaker or members of the convened body.Debate on policy is healthy,debate on personalities is not.Disagreement on issues should be expected.Insults,threats,innuendo or other implied personal attacks can't be tolerated. It is the chair's right to cut off discussions that get too personal,too crude,too loud or wander off the matter at-hand.In the interest of time,the chair may also limit the time allotted to any speaker, including members of the body. There are five circumstances where members of the body may interrupt a speaker or another member while he/she is speaking.In most cases,these interruptions can occur after a speaker has finished and before the next speaker starts.In some cases,it may be necessary to interrupt the speaker during a presentation—but that should be rare.If possible,members of a body are expected to be deferential to guests addressing their body as well as their fellow members. 7 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 The following reasons are generally considered acceptable interruptions: a.) Point of Privilege—Relates to anything that would interfere with the normal comfort of the meeting(e.g.maybe the member is having a hard time hearing the speaker or can't see the material being presented). b.) Point of Order—Relates to anything that would not be considered appropriate conduct at a meeting(e.g.someone taking action out of order or violating the Rules in some way); c.) Appeal—Relates to a member disagreeing with a ruling made by the chair.The chair's ruling can be reversed if an appeal is upheld by a simple majority vote of the members of the body. d.) Call for Orders of the Day—Relates to a member requesting the body get back onto the published/approved agenda.This call does not require a vote but can be addressed by the chair reminding the body to get back on track and proceed in good order.If the chair fails to do so,the chair's decision can be appealed(see C.,above). e.) Withdraw a Motion—During debate or discussion,the maker of a motion may,at any time,interrupt a speaker to withdraw his or her motion from the floor.The chair has the option of asking the member who seconded the motion if they wish to re-make the motion. General Conduct When Chairing a Meeting It's recommended the chair remember that members of the public who are attending the meeting of a City body may not know or fully understand the City's Rules or how the City's public meetings are structured and run. To help make meetings run smoother and inform/educate visitors on how the body will operate,it's helpful to provide copies of the Rules and the meeting agenda for their use.During the meeting,it's advised the chair keep the following rules of thumb in mind at each major agenda item: a.) Tell the public what the body will be doing; b.) Occasionally inform/update the public as to what is happening while the body is doing it; c.) When the body has acted on an agenda item,tell the public what the body did. Remember,it is the chair's job to make sure the body operates efficiently and for the public to feel welcomed,fully informed and capable of participating/engaging with the body if they are so inclined. 8 V{n f £;6 Rosenberg' s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg LLE,,i I FORN .,0'. AGUE CITIES MISSION AND CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the League of California Cities Established in 1898,the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents.In addition to advocating on cities'behalf at the state capitol,the League provides its members with professional development programs and information resources,conducts education conferences and research,and publishes Western City magazine. ©2011 League of California Cities.All rights reserved. ABOUT THE AUTHOR Dave Rosenberg is a Superior Court Judge in Yolo County.He has served as presiding judge of his court,and as presiding judge of the Superior Court Appellate Division.He also has served as chair of the Trial Court Presiding Judges Advisory Committee(the committee composed of all 58 California presiding judges)and as an advisory member of the California Judicial Council.Prior to his appointment to the bench,Rosenberg was member of the Yolo County Board of Supervisors,where he served two terms as chair.Rosenberg also served on the Davis City Council,including two terms as mayor.He has served on the senior staff of two governors,and worked for 19 years in private law practice.Rosenberg has served as a member and chair of numerous state,regional and local boards.Rosenberg chaired the California State Lottery Commission,the California Victim Compensation and Government Claims Board,the Yolo-Solano Air Quality Management District,the Yolo County Economic Development Commission,and the Yolo County Criminal Justice Cabinet.For many years,he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. II Eruqupppimih.. TABLE OF CONTENTS About the Author ii Introduction Establishing a Quorum 2 The Role of the Chair 2 The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super-Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 1 INTRODUCTION The rules of procedure at meetings should be simple enough for Establishing a Quorum most people to understand.Unfortunately,that has not always been The starting point for a meeting is the establishment of a quorum. the case.Virtually all clubs,associations,boards,councils and bodies A quorum is defined as the minimum number of members of the follow a set of rules—Robert's Rules of Order—which are embodied body who must be present at a meeting for business to be legally in a small,but complex,book.Virtually no one I know has actually transacted.The default rule is that a quorum is one more than half read this book cover to cover.Worse yet,the book was written for the body.For example,in a five-member body a quorum is three. another time and for another purpose.If one is chairing or running When the body has three members present,it can legally transact a parliament,then Robert's Rules of Order is a dandy and quite useful business.If the body has less than a quorum of members present,it handbook for procedure in that complex setting.On the other hand, cannot legally transact business.And even if the body has a quorum if one is running a meeting of say,a five-member body with a few to begin the meeting,the body can lose the quorum during the members of the public in attendance,a simplified version of the rules meeting when a member departs(or even when a member leaves the of parliamentary procedure is in order. dais).When that occurs the body loses its ability to transact business Hence,the birth of Rosenberg's Rules of Order. until and unless a quorum is reestablished. What follows is my version of the rules of parliamentary procedure, The default rule,identified above,however,gives way to a specific rule of the body that establishes a quorum.For example,the rules of based on my decades of experience chairing meetings in state and local government.These rules have been simplified for the smaller a particular five-member body may indicate that a quorum is four members for that particular body.The body must follow the rules it bodies we chair or in which we participate,slimmed down for the 21st Century,yet retaining the basic tenets of order to which we have has established for its quorum.In the absence of such a specific rule, grown accustomed.Interestingly enough,Rosenberg's Rules has found the quorum is one more than half the members of the body. a welcoming audience.Hundreds of cities,counties,special districts, committees,boards,commissions,neighborhood associations and The Role of the Chair private corporations and companies have adopted Rosenberg's Rules While all members of the body should know and understand the in lieu of Robert's Rules because they have found them practical, rules of parliamentary procedure,it is the chair of the body who is logical,simple,easy to learn and user friendly. charged with applying the rules of conduct of the meeting.The chair should be well versed in those rules.For all intents and purposes,the This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: chair makes the final ruling on the rules every time the chair states an action.In fact,all decisions by the chair are final unless overruled by 1. Rules should establish order.The first purpose of rules of the body itself. parliamentary procedure is to establish a framework for the Since the chair runs the conduct of the meeting,it is usual courtesy orderly conduct of meetings. for the chair to play a less active role in the debate and discussion 2. Rules should be clear.Simple rules lead to wider understanding than other members of the body.This does not mean that the chair and participation.Complex rules create two classes:those should not participate in the debate or discussion.To the contrary,as who understand and participate;and those who do not fully a member of the body,the chair has the full right to participate in the understand and do not fully participate. debate,discussion and decision-making of the body.What the chair 3. Rules should be user friendly.That is,the rules must be simple should do,however,is strive to be the last to speak at the discussion enough that the public is invited into the body and feels that it and debate stage.The chair should not make or second a motion has participated in the process. unless the chair is convinced that no other member of the body will do so at that point in time. 4. Rules should enforce the will of the majority while protecting the rights of the minority.The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision The Basic Format for an Agenda Item Discussion making by the body.In a democracy,majority rules.The rules Formal meetings normally have a written,often published agenda. must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda.In while permitting the minority to also express itself,but not either case,the meeting is governed by the agenda and the agenda dominate,while fully participating in the process. constitutes the body's agreed-upon roadmap for the meeting.Each agenda item can be handled by the chair in the following basic format: 2 First,the chair should clearly announce the agenda item number and Ninth,the chair takes a vote.Simply asking for the"ayes"and then should clearly state what the agenda item subject is.The chair should asking for the"nays"normally does this.If members of the body do then announce the format(which follows)that will be followed in not vote,then they"abstain."Unless the rules of the body provide considering the agenda item. otherwise(or unless a super majority is required as delineated later Second,following that agenda format,the chair should invite the in these rules),then a simple majority(as defined in law or the rules appropriate person or persons to report on the item,including any of the body as delineated later in these rules)determines whether the recommendation that they might have.The appropriate person or motion passes or is defeated. persons may be the chair,a member of the body,a staff person,or a Tenth,the chair should announce the result of the vote and what committee chair charged with providing input on the agenda item. action(if any)the body has taken.In announcing the result,the chair should indicate the names of the members of the body,if any,who Third,the chair should ask members of the body if they have any technical questions of clarification.At this point,members of the voted in the minority on the motion.This announcement might take the following form:"The motion passes by a vote of 3-2,with Smith body may ask clarifying questions to the person or persons who reported on the item,and that person or persons should be given and Jones dissenting.We have passed the motion requiring a 10-day time to respond. notice for all future meetings of this body." Fourth,the chair should invite public comments,or if appropriate at Motions in General a formal meeting,should open the public meeting for public input. Motions are the vehicles for decision making by a body.It is usually If numerous members of the public indicate a desire to speak to the subject,the chair may limit the time of public speakers.At the best to have a motion before the body prior to commencing conclusion of the public comments,the chair should announce that discussion of an agenda item.This helps the body focus. public input has concluded(or the public hearing,as the case may be, Motions are made in a simple two-step process.First,the chair is closed). should recognize the member of the body.Second,the member Fifth,the chair should invite a motion.The chair should announce of the body makes a motion by preceding the member's desired the name of the member of the body who makes the motion. approach with the words"I move..." Sixth,the chair should determine if any member of the body wishes A typical motion might be:"I move that we give a 10 day notice in to second the motion.The chair should announce the name of the the future for all our meetings." member of the body who seconds the motion.It is normally good The chair usually initiates the motion in one of three ways: practice for a motion to require a second before proceeding to 1. Invitingthe members of the bodyto make a motion,for ensure that it is not just one member of the body who is interested in a particular approach.However,a second is not an absolute example,"A motion at this time would be in order." requirement,and the chair can proceed with consideration and vote 2. Suggesting a motion to the members of the body,"A motion on a motion even when there is no second.This is a matter left to the would be in order that we give a 10-day notice in the future for all discretion of the chair. our meetings." Seventh,if the motion is made and seconded,the chair should make 3. Making the motion.As noted,the chair has every right as a sure everyone understands the motion. member of the body to make a motion,but should normally do This is done in one of three ways: so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step 1. The chair can ask the maker of the motion to repeat it; forward to do so at a particular time. 2. The chair can repeat the motion;or 3. The chair can ask the secretary or the clerk of the body to repeat The Three Basic Motions the motion. There are three motions that are the most common and recur often at meetings: Eighth,the chair should now invite discussion of the motion by the body.If there is no desired discussion,or after the discussion has The basic motion.The basic motion is the one that puts forward a ended,the chair should announce that the body will vote on the decision for the body's consideration.A basic motion might be:"I motion.If there has been no discussion or very brief discussion,then move that we create a five-member committee to plan and put on the vote on the motion should proceed immediately and there is no our annual fundraiser." need to repeat the motion.If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. 3 1111 The motion to amend.If a member wants to change a basic motion First,the chair would deal with the third(the last)motion on the that is before the body,they would move to amend it.A motion floor,the substitute motion.After discussion and debate,a vote to amend might be:"I move that we amend the motion to have a would be taken first on the third motion.If the substitute motion 10-member committee"A motion to amend takes the basic motion passed,it would be a substitute for the basic motion and would that is before the body and seeks to change it in some way. eliminate it.The first motion would be moot,as would the second The substitute motion.If a member wants to completely do away motion(which sought to amend the first motion),and the action on with the basic motion that is before the body,and put a new motion the agenda item would be completed on the passage by the body of before the body,they would move a substitute motion.A substitute the third motion(the substitute motion).No vote would be taken on motion might be:"I move a substitute motion that we cancel the the first or second motions. annual fundraiser this year." Second,if the substitute motion failed,the chair would then deal "Motions to amend"and"substitute motions"are often confused,but with the second(now the last)motion on the floor,the motion they are quite different,and their effect(if passed)is quite different. to amend.The discussion and debate would focus strictly on the A motion to amend seeks to retain the basic motion on the floor,but amendment(should the committee be five or 10 members).If the modify it in some way.A substitute motion seeks to throw out the motion to amend passed,the chair would then move to consider the basic motion on the floor,and substitute a new and different motion main motion(the first motion)as amended.If the motion to amend for it.The decision as to whether a motion is really a"motion to failed,the chair would then move to consider the main motion(the amend"or a"substitute motion"is left to the chair.So if a member first motion)in its original format,not amended. makes what that member calls a"motion to amend,"but the chair Third,the chair would now deal with the first motion that was placed determines that it is really a"substitute motion,"then the chair's on the floor.The original motion would either be in its original designation governs. format(five-member committee),or if amended,would be in its A"friendly amendment"is a practical parliamentary tool that is amended format(10-member committee).The question on the floor for discussion and decision would be whether a committee should simple,informal,saves time and avoids bogging a meeting down with numerous formal motions.It works in the following way:In the plan and put on the annual fundraiser. discussion on a pending motion,it may appear that a change to the motion is desirable or may win support for the motion from some To Debate or Not to Debate members.When that happens,a member who has the floor may The basic rule of motions is that they are subject to discussion and simply say,"I want to suggest a friendly amendment to the motion." debate.Accordingly,basic motions,motions to amend,and substitute The member suggests the friendly amendment,and if the maker and motions are all eligible,each in their turn,for full discussion before the person who seconded the motion pending on the floor accepts and by the body.The debate can continue as long as members of the the friendly amendment,that now becomes the pending motion on body wish to discuss an item,subject to the decision of the chair that the floor.If either the maker or the person who seconded rejects the it is time to move on and take action. proposed friendly amendment,then the proposer can formally move There are exceptions to the general rule of free and open debate to amend. on motions.The exceptions all apply when there is a desire of the body to move on.The following motions are not debatable(that Multiple Motions Before the Body is,when the following motions are made and seconded,the chair There can be up to three motions on the floor at the same time. must immediately call for a vote of the body without debate on the The chair can reject a fourth motion until the chair has dealt motion): with the three that are on the floor and has resolved them.This Motion to adjourn.This motion,if passed,requires the body to rule has practical value.More than three motions on the floor at immediately adjourn to its next regularly scheduled meeting.It any given time is confusing and unwieldy for almost everyone, requires a simple majority vote. including the chair. When there are two or three motions on the floor(after motions and Motion to recess.This motion,if passed,requires the body to seconds)at the same time,the vote should proceed first on the last immediately take a recess.Normally,the chair determines the length of the recess which may be a few minutes or an hour.It requires a motion that is made.For example,assume the first motion is a basic simple majority vote. "motion to have a five-member committee to plan and put on our annual fundraiser."During the discussion of this motion,a member Motion to fix the time to adjourn.This motion,if passed,requires might make a second motion to"amend the main motion to have a the body to adjourn the meeting at the specific time set in the 10-member committee,not a five-member committee to plan and motion.For example,the motion might be:"I move we adjourn this put on our annual fundraiser."And perhaps,during that discussion,a meeting at midnight."It requires a simple majority vote. member makes yet a third motion as a"substitute motion that we not have an annual fundraiser this year."The proper procedure would be as follows: 4 Motion to table.This motion,if passed,requires discussion of the Motion to dose nominations.When choosing officers of the agenda item to be halted and the agenda item to be placed on"hold." body(such as the chair),nominations are in order either from a The motion can contain a specific time in which the item can come nominating committee or from the floor of the body.A motion to back to the body."I move we table this item until our regular meeting close nominations effectively cuts off the right of the minority to in October."Or the motion can contain no specific time for the nominate officers and it requires a two-thirds vote to pass. return of the item,in which case a motion to take the item off the Motion to object to the consideration of a question.Normally,such table and bring it back to the body will have to be taken at a future a motion is unnecessary since the objectionable item can be tabled or meeting.A motion to table an item(or to bring it back to the body) defeated straight up.However,when members of a body do not even requires a simple majority vote. want an item on the agenda to be considered,then such a motion is Motion to limit debate.The most common form of this motion is to in order.It is not debatable,and it requires a two-thirds vote to pass. say,"I move the previous question"or"I move the question"or"I call Motion to suspend the rules.This motion is debatable,but requires the question"or sometimes someone simply shouts out"question." a two-thirds vote to pass.If the body has its own rules of order, As a practical matter,when a member calls out one of these phrases, conduct or procedure,this motion allows the body to suspend the the chair can expedite matters by treating it as a"request"rather rules for a particular purpose.For example,the body(a private club) than as a formal motion.The chair can simply inquire of the body, might have a rule prohibiting the attendance at meetings by non-club "any further discussion?"If no one wishes to have further discussion, members.A motion to suspend the rules would be in order to allow then the chair can go right to the pending motion that is on the floor. a non-club member to attend a meeting of the club on a particular However,if even one person wishes to discuss the pending motion date or on a particular agenda item. further,then at that point,the chair should treat the call for the "question"as a formal motion,and proceed to it. Counting Votes When a member of the body makes such a motion("I move the The matter of counting votes starts simple,but can become previous question"),the member is really saying:"I've had enough debate.Let's get on with the vote:'When such a motion is made,the complicated. chair should ask for a second,stop debate,and vote on the motion to Usually,it's pretty easy to determine whether a particular motion limit debate.The motion to limit debate requires a two-thirds vote of passed or whether it was defeated.If a simple majority vote is needed the body. to pass a motion,then one vote more than 50 percent of the body is NOTE:A motion to limit debate could include a time limit.For required.For example,in a five-member body,if the vote is three in favor and two opposed,the motion passes.If it is two in favor and example:"I move we limit debate on this agenda item to 15 minutes." three opposed,the motion is defeated. Even in this format,the motion to limit debate requires a two- thirds vote of the body.A similar motion is a motion to object to If a two-thirds majority vote is needed to pass a motion,then how consideration of an item.This motion is not debatable,and if passed, many affirmative votes are required?The simple rule of thumb is to precludes the body from even considering an item on the agenda.It count the"no"votes and double that count to determine how many also requires a two-thirds vote. "yes"votes are needed to pass a particular motion.For example,in a seven-member body,if two members vote"no"then the"yes"vote Majority and Super Majority Votes of at least four members is required to achieve a two-thirds majority vote to pass the motion. In a democracy,a simple majority vote determines a question.A tie vote means the motion fails.So in a seven-member body,a vote of What about tie votes?In the event of a tie,the motion always fails since 4-3 passes the motion.A vote of 3-3 with one abstention means the an affirmative vote is required to pass any motion.For example,in a motion fails.If one member is absent and the vote is 3-3,the motion five-member body,if the vote is two in favor and two opposed,with still fails. one member absent,the motion is defeated. All motions require a simple majority,but there are a few exceptions. Vote counting starts to become complicated when members The exceptions come up when the body is taking an action which vote"abstain"or in the case of a written ballot,cast a blank(or effectively cuts off the ability of a minority of the body to take an unreadable)ballot.Do these votes count,and if so,how does one action or discuss an item.These extraordinary motions require a count them?The starting point is always to check the statutes. two-thirds majority(a super majority)to pass: In California,for example,for an action of a board of supervisors to Motion to limit debate.Whether a member says,"I move the be valid and binding,the action must be approved by a majority of the previous question,"or"I move the question,"or"I call the question," board.(California Government Code Section 25005.)Typically,this or"I move to limit debate,"it all amounts to an attempt to cut off the means three of the five members of the board must vote affirmatively ability of the minority to discuss an item,and it requires a two-thirds in favor of the action.A vote of 2-1 would not be sufficient.A vote of vote to pass. 3-0 with two abstentions would be sufficient.In general law cities in 5 California,as another example,resolutions or orders for the payment of Now,exactly how does a member cast an"abstention"vote? money and all ordinances require a recorded vote of the total members Any time a member votes"abstain"or says,"I abstain:'that is an of the city council.(California Government Code Section 36936.)Cities abstention.However,if a member votes"present"that is also treated with charters may prescribe their own vote requirements.Local elected as an abstention(the member is essentially saying,"Count me for officials are always well-advised to consult with their local agency purposes of a quorum,but my vote on the issue is abstain.")In fact, counsel on how state law may affect the vote count any manifestation of intention not to vote either"yes"or"no"on After consulting state statutes,step number two is to check the rules the pending motion may be treated by the chair as an abstention.If of the body.If the rules of the body say that you count votes of"those written ballots are cast,a blank or unreadable ballot is counted as an present"then you treat abstentions one way.However,if the rules of abstention as well. the body say that you count the votes of those"present and voting," Can a member vote"absent"or"count me as absent?"Interesting then you treat abstentions a different way.And if the rules of the question.The ruling on this is up to the chair.The better approach is body are silent on the subject,then the general rule of thumb(and for the chair to count this as if the member had left his/her chair and default rule)is that you count all votes that are"present and voting." is actually"absent."That,of course,affects the quorum.However,the chair may also treat this as a vote to abstain,particularly if the person Accordingly,under the"present and voting"system,you would NOT count abstention votes on the motion.Members who abstain are does not actually leave the dais. counted for purposes of determining quorum(they are"present"), but you treat the abstention votes on the motion as if they did not The Motion to Reconsider exist(they are not"voting").On the other hand,if the rules of the There is a special and unique motion that requires a bit of body specifically say that you count votes of those"present"then you explanation all by itself;the motion to reconsider.A tenet of DO count abstention votes both in establishing the quorum and on parliamentary procedure is finality.After vigorous discussion,debate the motion.In this event,the abstention votes act just like"no"votes. and a vote,there must be some closure to the issue.And so,after a How does this work in practice? vote is taken,the matter is deemed closed,subject only to reopening Here are a few examples. if a proper motion to consider is made and passed. Assume that a five-member city council is voting on a motion that A motion to reconsider requires a majority vote to pass like other requires a simple majority vote to pass,and assume further that the garden-variety motions,but there are two special rules that apply body has no specific rule on counting votes.Accordingly,the default only to the motion to reconsider. rule kicks in and we count all votes of members that are"present and First,is the matter of timing.A motion to reconsider must be made voting."If the vote on the motion is 3-2,the motion passes.If the at the meeting where the item was first voted upon.A motion to motion is 2-2 with one abstention,the motion fails. reconsider made at a later time is untimely.(The body,however,can Assume a five-member city council voting on a motion that requires^ays vote to suspend the rules and,by a two-thirds majority,allow a two-thirds majority vote to pass,and further assume that the body a motion to reconsider to be made at another time.) has no specific rule on counting votes.Again,the default rule applies. Second,a motion to reconsider may be made only by certain If the vote is 3-2,the motion fails for lack of a two-thirds majority.If members of the body.Accordingly,a motion to reconsider may be the vote is 4-1,the motion passes with a clear two-thirds majority.A made only by a member who voted in the majority on the original vote of three"yes,"one"no"and one"abstain"also results in passage motion.If such a member has a change of heart,he or she may of the motion.Once again,the abstention is counted only for the make the motion to reconsider(any other member of the body purpose of determining quorum,but on the actual vote on the —including a member who voted in the minority on the original motion,it is as if the abstention vote never existed—so an effective motion—may second the motion).If a member who voted in the 3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider,it must be ruled out of order.The purpose of this rule is finality.If a member of Now,change the scenario slightly.Assume the same five-member city council voting on a motion that requires a two-thirds majority minority could make a motion to reconsider,then the item could be vote to pass,but now assume that the body DOES have a specific rule brought back to the body again and again,which would defeat the requiring a two-thirds vote of members"present."Under this specific purpose of finality. rule,we must count the members present not only for quorum but If the motion to reconsider passes,then the original matter is back also for the motion.In this scenario,any abstention has the same before the body,and a new original motion is in order.The matter may force and effect as if it were a"no"vote.Accordingly,if the votes were be discussed and debated as if it were on the floor for the first time. three"yes,"one"no"and one"abstain:'then the motion fails.The abstention in this case is treated like a"no"vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 6 Courtesy and Decorum Appeal.If the chair makes a ruling that a member of the body The rules of order are meant to create an atmosphere where the disagrees with,that member may appeal the ruling of the chair.If the members of the body and the members of the public can attend to motion is seconded,and after debate,if it passes by a simple majority business efficiently,fairly and with full participation.At the same vote,then the ruling of the chair is deemed reversed. time,it is up to the chair and the members of the body to maintain Call for orders of the day.This is simply another way of saying, common courtesy and decorum.Unless the setting is very informal, "return to the agenda."If a member believes that the body has drifted it is always best for only one person at a time to have the floor,and from the agreed-upon agenda,such a call may be made.It does not it is always best for every speaker to be first recognized by the chair require a vote,and when the chair discovers that the agenda has before proceeding to speak. not been followed,the chair simply reminds the body to return to The chair should always ensure that debate and discussion of an the agenda item properly before them.If the chair fails to do so,the agenda item focuses on the item and the policy in question,not the chair's determination may be appealed. personalities of the members of the body.Debate on policy is healthy, Withdraw a motion.During debate and discussion of a motion, debate on personalities is not.The chair has the right to cut off the maker of the motion on the floor,at any time,may interrupt a discussion that is too personal,is too loud,or is too crude. speaker to withdraw his or her motion from the floor.The motion Debate and discussion should be focused,but free and open.In the is immediately deemed withdrawn,although the chair may ask the interest of time,the chair may,however,limit the time allotted to person who seconded the motion if he or she wishes to make the motion,and any other member may make the motion if properly speakers,including members of the body. recognized. Can a member of the body interrupt the speaker?The general rule is "no."There are,however,exceptions.A speaker may be interrupted Special Notes About Public Input for the following reasons: The rules outlined above will help make meetings very public- Privilege.The proper interruption would be,"point of privilege." � friendly.But in addition,and particularly for the chair,it is wise to The chair would then ask the interrupter to"state your point." remember three special rules that apply to each agenda item: Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting.For example,the Rule One:Tell the public what the body will be doing. room may be too hot or too cold,or a blowing fan might interfere Rule Two:Keep the public informed while the body is doing it. with a person's ability to hear. Rule Three:When the body has acted,tell the public what the Order.The proper interruption would be,"point of order."Again, body did. the chair would ask the interrupter to"state your point."Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting.For example,if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 7 F AG U E® CITIES 1400 K Street,Sacramento,CA 95814 (916)658-8200 I Fax(916)658-8240 www.cacities.org To order additional copies of this publication,call(916)658-8200. $10 ©2011 League of California Cities.All rights reserved. ®Printed on recycled paper. ROSENBERG'S RULES OF ORDER:SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY—PART I by Dave Rosenberg The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn't always been the case.Virtually all clubs,associations,boards,councils and bodies follow a set of rules,Robert's Rules of Order,which are embodied in a small but complex book.Virtually no one I know has actually read this book cover to cover. Worse yet,the book was written for another time and purpose.If you are running the British Parliament,Robert's Rules of Order is a dandy and quite useful handbook.On the other hand,if you're running a meeting of a five member body with a few members of the public in attendance, a simplified version of the rules or parliamentary procedure is in order. Hence, the birth of "Rosenberg's Rules of Order." This two-part series of articles covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government.These rules have been simplified and slimmed down for 21st century meetings,yet they retain the basic tenets of order to which we are accustomed. "Rosenberg's Rules of Order"are supported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation.Complex rules create two classes: those who understand and participate,and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly.That is,the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision-making by the body.In a democracy,the majority rules. The rules must enable the majority to express itself and fashion a result,while permitting the minority to also express itself(but not dominate)and fully participate in the process. The Chairperson Should Take A Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure,it is the chairperson (chair)who is charged with applying the rules of conduct.The chair should be well versed in those rules,because the chair,for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting,it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary,as a member of the body,the chair has full rights to participate in debates,discussions and decision-making.The chair should,however,strive to be the last to speak at the discussion and debate stage,and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format For An Agenda Item Discussion The meeting is governed by the agenda and the agenda constitutes the body's agreed-upon road map for the meeting. Each agenda item can be handled by the chair in the following basic format: First,the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have.The appropriate person may be the chair,a member of the governing body,a staff person or a committee chair charged with providing information about the agenda item. Third,the chair should ask members of the body if they have any technical questions for clarification.At this point,members of the governing body may ask clarifying questions to the people who reported on the item and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the public indicate a desire to speak on the subject,the chair may limit the time of each public speaker.At the conclusion of the public comments,the chair should announce that public input has concluded(or that the public hearing,as the case may be,is closed). Fifth,the chair should invite a motion from the governing body members.The chair should announce the name of the member who makes the motion. Sixth,the chair should determine if any member of the body wishes to second the motion.The chair should announce the name of the member who seconds the motion.It is normally good practice for a motion to require a second before proceeding with it,to ensure that it is not just one member of the body who is interested in a particular approach.However,a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh,if the motion is made and seconded,the chair should make sure everyone understands the motion.This is done in one of three ways: 1. The chair can ask the maker of the motion to repeal it; 2. The chair can repeat the motion;or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended,the vote should proceed immediately and there is no need to repeat the motion.If there has been substantial discussion,it is normally best to make sure everyone understands the motion by repeating it. Motions In General Motions are the vehicles for decision-making.It is usually best to have a motion before the governing body prior to discussing an agenda item,to help everyone focus on the motion before them. Motions are made in a simple two-step process.First,the chair recognizes the member. Second,the member makes a motion by preceding the member's desired approach with the words:"I move..." The chair usually initiates the motion by: 1. Inviting the members to make a motion:"A motion at this time would be in order." 2. Suggesting a motion to the members:"A motion would be in order that..." 3. Making the motion. As noted,the chair has every right as a member of the body to make a motion but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions These three motions are the most common: 1. The basic motion. The basic motion is the one that puts forward a decision for consideration.A basic motion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser." 2. The motion to amend.If a member wants to change a basic motion that is under discussion,he or she would move to amend it.A motion to amend might be:"I move that we amend the motion to have a 10-member committee."A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would "move a substitute motion." A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor,but to modify it in some way.A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it.The decision as to whether a motion is really a motion to amend or substitute motion is left to the chair.So,if a member makes what that member calls a motion to amend,but the chair determines it is really a substitute motion,the chair's designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously.The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor(after motions and seconds)at the same time, the first vote should be on the last motion made. So,for example,assume the first motion is a basic"motion to have a five-member committee to plan and put on our annual fund-raiser."During the discussion of this motion,a member might make a second motion to"amend the main motion to have a 10-member committee,not a five-member committee to plan and put on our annual fundraiser."And perhaps,during that discussion,a member makes yet a third motion as a"substitute motion that we not have an annual fundraiser this year."The proper procedure would be as follows: First,the chair would deal with the third(the last)motion on the floor,the substitute motion.After discussion and debate,a vote would be taken first on the third motion.If the substitute motion passes,it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete.No vote would be taken on the first or second motions. On the other hand,if the substitute motion(the third motion)failed,the chair would proceed to consideration of the second(now the last)motion on the floor,the motion to amend.The discussion and debate would focus strictly on the amendment(should the committee be 5 or 10 members).If the motion to amend passed,the chair would now move to consider the main motion(the first motion)as amended.If the motion to amend failed,the chair would now move to consider the main motion(the first motion)in its original format,not amended. Third,the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. Rosenberg's Rules Part II,will be continued in next month's issue,when we ask the question:"To debate or not to debate?" Dave Rosenberg is an elected county supervisor representing the fourth district in Yolo County,CA.He has served as a member and chair of numerous state and local boards,both appointed and elected and also served on the Davis City Council for 12 years, including two terms as mayor.He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies. This article is reprinted from the August 2003 issue of Western City, the official publication of the League of California Cities. ROSENBERG'S RULES OF ORDER:SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY,PART II by Dave Rosenberg This is the second of a two-part series of articles covering the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified and slimmed down for the 21st century,yet they retain the basic tenets of order to which we are accustomed. To Debate Or Not To Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly,basic motions, motions to amend and substitute motions are all eligible, each in their turn, for full discussion before and by the body. (For a description of these different motions,please refer to Part I that appeared in the October/November issue of the Review.)The debate can continue as long as members of the body wish to discuss an item,subject to the decision of the chairperson(chair)that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions.The exceptions all apply when there is a desire of the body to move on.The following motions are not debatable(that is,when the following motions are made and seconded,the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn.This motion,if passed,requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion,if passed,requires the body to immediately take a recess.Normally,the chair determines the length of the recess,which may range from a few minutes to an hour.It requires a simple majority vote. A motion to fix the time to adjourn.This motion,if passed,requires the body to adjourn the meeting at the specific time set in the motion.For example,the motion might be:"I move we adjourn this meeting at midnight."It requires a simple majority vote. A motion to table.This motion,if passed,requires discussion of the agenda item to be halted and the agenda item to be placed on"hold."The motion may contain a specific time in which the item can come back to the body:"I move we table this item until our regular meeting in October."Or,the motion may contain no specific time for the return of the item,in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.A motion to table an item(or to bring it back to the body)requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: "I move the previous question," or"I move the question" or"I call the question."When a member of the body makes such a motion,the member is really saying: "I've had enough debate.Let's get on with the vote."When such a motion is made,the chair should ask for a second to the motion,stop debate and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.Note that a motion to limit debate could include a time limit.For example:"I move we limit debate on this agenda item to 15 minutes."Even in this format, the motion to limit debate requires a two-thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable,and if passed,precludes the body from even considering an item on the agenda.It also requires a two-thirds vote. Majority And Super-Majority Votes In a democracy,decisions are made with a simple majority vote.A tie vote means the motion fails.So in a seven-member body,a vote of 4-3 passes the motion.A vote of 3-3 with one abstention means the motion fails.If one member is absent and the vote is 3-3,the motion still fails. Almost all motions require a simple majority,but there are a few exceptions.The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority(a super-majority)to pass: Motion to limit debate.Whether member says,"I move the previous question,""I move the question,""I call for the question" or"I move to limit debate,"it all amounts to an attempt to cut off the ability of the minority to discuss an item,and it requires a two-thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body.A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question.Normally,such a motion is unnecessary,because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered,then such a motion is in order.It is not debatable and it requires a two-thirds vote to pass. Motion to suspend the rules.This motion is debatable but requires a two-thirds vote to pass. If the body has its own rules of order,conduct or procedure,this motion allows the body to suspend the rules for a particular purpose.For example,the body(a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion To Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality.After vigorous discussion,debate and a vote,there must be some closure to the issue.And so, after a vote is taken,the matter is deemed closed,subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing.A motion to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting of the body.A motion to reconsider made at a later time is untimely.(The body,however,can always vote to suspend the rules and,by a two-thirds majority,allow a motion to reconsider to be made at another time.) Second,a motion to reconsider may be made only by certain members of the body.Accordingly,a motion to reconsider may be made only by a member who voted in the majority on the original motion.If such a member has a change of heart,he or she may make the motion to reconsider(any other member of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes,then the original matter is back before the body and a new original motion is in order.The matter may be discussed and debated as if it were on the floor for the first time. Courtesy And Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently,fairly and with full participation.And at the same time,it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal,it is always best for only one person at a time to have the floor and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question,not on the personalities of the members of the body.Debate on policy is healthy;debate on personalities is not.The chair has the right to cut off discussion that is too personal,too loud or too crude. Debate and discussion should be focused,be free and open.In the interest of time,the chair may,however,limit the time allotted to speakers,including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege.The proper interruption would be:"Point of privilege."The chair would then ask the interrupter to"state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting.For example,the room may be too hot or too cold,or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be: "Point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal.If the chair makes a ruling that a member of the body disagrees with,that member may appeal the ruling of the chair.If the motion is seconded and after debate,if it passes by a simple majority vote,then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "Let's return to the agenda."If a member believes that the body has drifted from the agreed-upon agenda,such a call may be made.It does not require a vote and when the chair discovers that the agenda has not been followed,the chair simply reminds the body to return to the agenda item properly before them.If the chair fails to do so,the chair's determination may be appealed. Withdraw a motion.During debate and discussion of a motion,the maker of the motion on the floor,at any time,may interrupt a speaker to withdraw his or her motion from the floor.The motion is immediately deemed withdrawn. Special Notes About Public Input The rules outlined here help make meetings very public-friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One:Tell the public what the body will be doing. Rule Two:Keep the public informed while the body is doing it. Rule Three:When the body has acted,tell the public what the body did. Public input is essential to a healthy democracy and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. Dave Rosenberg is an elected county supervisor representing the fourth district in Yolo County.He has served as a member and chair of numerous state and local boards, both appointed and elected and also served on the Davis City Council for 12 years, including two terms as mayor.He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies. Simple Parliamentary Procedures Cheat Sheet (Adapted from Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century) Meeting Basics Agenda Item Discussions Establish a quorum 1. Announce Agenda Item: Chair clearly states agenda item number and subject. Call meeting to order 2. Reports and Recommendations: Relevant speaker gives report and ■ provides recommendations. Move through agenda 3. Questions and Answers: Technical questions from members are asked g g and addressed. 4. Public Comment: Chair allows public comment and input under the Adjourn meeting terms of the Board's policy for such comment. 5. Motions and Action Items: Motions 101 a. Motions Introduced: Chair invites motion from body, and announces name of member introducing motion. u = • Basic motion on agenda item b. Seconds: If motion is seconded, Chair announces name of � • Motion to amend seconding member. Im 0 • Substitute motion c. Motions Clarified: Seconded motion is clarified by maker of motion, Chair, or secretary/clerk. d. Amendments and Substitutions: Other members may propose bz N • Motion to adjourn amended or substitute motions. ,C C • Motion to recess e. Discussion and Vote: Members discuss motion. Chair announces w4, • Motion to fix the time to that vote will occur. Members vote on the last motion on the floor U (a substitute motion) first, and if that does not pass, vote on the adjourn next-to-last motion, and so on. • Motion to table f. Ayes and Nays: Chair takes vote by asking for "ayes," "nays," or "abstentions." Unless super majority required, simple majority >. 9 • Motion to limit debate determines whether motion passes. 4J •�= C • Motion to close nominations g. Results and Actions: Chair announces result of vote and action . p •— the body has taken. Names of dissenters should be announced as 4a • Motion to object to the well. Example: "The motion passes by a vote of 3-2, with Smith CO v7 consideration consideration of a question and Jones dissenting. We have passed the motion requiring 10 G • Motion to suspend the rules days'notice for all future meetings of this governing body." 6. Repeat: Begin process again with next agenda item. A motion can be made and seconded by any member. Prepared by: ©2011 League of California Cities All rights reserved Renne Sloan Holtzman Sakai LI E, (415)678-3800 I www.publiclawgroup.com Link to purchase ILG's Rules of Order 350 Sansome St. I San Francisco,CA 94104