A Primer on Rober's Rules

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A Primer on Robert’s Rules Presented by: Dr. C. M. “Mickey” Metcalf Professor of Law & Management Gardner-Webb University @ACBSPAccredited #ACBSP2016

Transcript of A Primer on Rober's Rules

Page 1: A Primer on Rober's Rules

A Primer on Robert’s Rules Presented by:

Dr. C. M. “Mickey” MetcalfProfessor of Law & Management

Gardner-Webb University @ACBSPAccredited #ACBSP2016

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2General Henry Martyn Robert (May 2, 1837 - May 11, 1923)

Latest Edition: Sarah Corbin Robert,Robert III, Henry M., Evans, William, Honemann, Daniel & Balch, Thomas J. (2011). Robert’s Rules of Order NEWLY REVISED, 11th Edition. Cambridge, MA: DA CAPO Press ISBN: 978-0-306-82020-2 (hardcover); 978-0-306-82020-5 (paperback)

Original 1876 BookBrig. Gen. Henry M.

Robert, USA

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3Why did General Robert write the Rules?

• General Robert when about 25 years old was unexpectedly asked to preside over a meeting at a church and discovered that no manual of how to conduct a meeting existed. He wrote Robert’s Rules because he saw a need for a simple code of parliamentary procedures for voluntary organizations. The first edition was published in 1876 when General Robert was 39 years old. As he traveled about the country he researched the way different meetings were conducted and found no common approach. Thus, he wrote the Rules…

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A Short Biography of General Robert• General Robert graduated 4th in his West Point class in 1857 and

rose to become the president of the Board of Engineers from 1895 to 1901. Promoted to Brigadier General when he was appointed Chief Engineer of the Army in 1901 and then retired from the Army that same year.

• General Robert died in 1923 at Hornell, New York and was buried in Arlington National Cemetery, Arlington Virginia.

• He authored and privately published the First Edition of Robert’s Rules of Order (February,1876) of 4,000 copies which he expected to have for several years—instead they sold in several months. Thus, the Second Edition was published in July, 1876 followed by the Third Edition in 1893; and the Fourth Edition in 1915---completely reworked and enlarged as his last work.

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5Robert’s Rules is the most widely used parliamentary authority in use in the United States

Robert’s Rules of Order is the most commonly adopted parliamentary authority in the US. The Rules do not have the force of law—neither being approved by courts nor their use supported by court decisions.

Unless the assembly has formally adopted Robert’s Rules of Order as its parliamentary authority, the rules are not binding upon the assembly.

There are other such codes: (1) the Code Morin (1938) principally used in Quebec published by Victor Morin; (2) Bourinot’s Rules of Order (1894) published by Sir John George Bourniot, the Clerk of the Canadian House of Commons; Beauchesne’s Parliamentary Rules and Forms (1922) published by Arthur Beauchesne, Clerk of the Canadian House of Commons; and Westminster parliamentary procedure used in the UK, Australia, New Zealand, India, South Africa and many other Commonwealth countries; and in the US: The Standard Code of Parliamentary Procedure, Fourth Edition (2001); Wainberg’s Society Meetings including Rules of Order (1992) and Demeter’s Manual of Parliamentary Law and Procedure (Blue Book Edition revised 1969).

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Why Rules of Order?• Parliamentary procedure is the body of rules, ethics, and

customs governing meetings and other operations of clubs, organizations, legislative bodies and other deliberative assemblies.• The Central Principle of all of the various ways meetings can be

conducted is the “rule of the majority” with “respect for the minority.” The object of all rules of order is to permit deliberation on questions of interest to the organization and by following rules governing deliberation to arrive at the sense or the will of the assembly upon these questions. Self-governing organizations use the rules to allow them to reach group decisions—usually by vote—with a minimum amount of friction.

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The General Outline of a Meeting• The Call to Order (by the Presiding Officer)• A motion asked for by the Chair to approve the

minutes from the previous meeting• Officer Reports and Standing committees (Vice

Presidents, Treasurer, Budget committee, etc.)• Reports of Special or Ad Hoc Committees • Unfinished Business and General Orders (postponed

business from previous meetings) • New Business• Adjournment (suspension of proceedings to another

time or place)Note: all of these items are usually set forth and

taken up in order in a prepared agenda.Note: RONR (10th Ed.), p. 25)

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Some Preliminary matters: The Role of the Chairman or President

• He or she is the presiding officer and referred to as “Mr. or Madam Chairman or President” and when the person refers to the position the term “the chair” is used not the personal pronoun (“I”).

• The duties of the Chair:• Open the session at the time the session is to meet by calling the meeting to order if a

quorum is present• To announce the business of the meeting in the order in which it is presented for action.• To recognize members entitled to the floor.• To state and then put to a vote all questions which are previously moved; to announce the

results of a vote; to protect the assembly from dilatory or extremely frivolous motions by refusing to recognize them.

• To assist in expediting business in every way compatible with the members’ rights, as by allowing brief remarks when undebatable motions are pending, and if he thinks it advisable to restrain members when engaged in debate by enforcing the rules of order and preserving order and decorum.

• Deciding all questions of order or referring them to the assembly for decision.• To inform the assembly, when necessary, or when referred to for the purpose, on a point of

order.Note see RONR (10th Ed.), (433-435)

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The Chairman’s Role Continued…• To respond to inquires of members about parliamentary procedure or to factual

information.• To authenticate by his or her signature, when necessary, all acts, orders and

proceedings of the assembly.• To declare the meeting adjourned. (432-435)Some further questions about the chairman:• Can a Chairman vote? Yes, if a member, the chairman has the right to vote in

small assemblies. In larger ones only in case of a tie or the need of a 2/3rds majority in order to maintain an impartial appearance. (392-393)

• Can the Chairman make motions? Yes, if a member the chair has the same right as other members to make a motion. In small assemblies the chairman usually participates as any other member. In larger assemblies the chairman (in order to remain impartial) may say, for example, “The Chair will entertain a motion for…” and then wait for a member to make it; or may assume a motion, such as: “If there are no further corrections, the minutes stand approved as read; or “If there is no further business, this meeting will now adjourn. [pause] Hearing none, the meeting is adjourned.” (470-471, 343, 210, 234, 490)

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10Duties of the Parliamentarian:

• Duties limited to giving advice to the chair or other members regarding parliamentary procedure.• Usually appointed by the president.• Should maintain a position of impartiality, and therefore

does not make motions, participate in debate, or vote on any question except a ballot vote. Never votes in case of a tie since that is the prerogative of the chair.• Cannot relinquish his position to exercise a member’s

rights on a particular motion.(449-451)

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How is voting conducted? 11• By Voice: Those in favor say "Aye", those opposed say

"No"• By Roll Call: Poll all voting members• By General Consent: When a motion is not likely to be

opposed, the presiding officer says: "If there is no objection… the motion is passed/defeated”• By Division: Verification of the voice vote--members raise

their hand or stand to be counted• By Ballot: Voter tally on slip of paper. Appoint Tellers,

etc.• See (42-51) and several §§ referring to voting.

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Points of Order: 12• It is the right of every member who notices a breach of the rules to

insist on their enforcement. If the chair notices a breach, he/she corrects the matter immediately; but if the chair fails to do so, through oversight or otherwise, any member can make the appropriate "Point of Order"

• "In ordinary meetings it is undesirable to raise points of order on minor irregularities of a purely technical nature if it is clear no one's rights are being infringed upon and no real harm is being done to the proper transaction of business." (243)

• A member rises immediately upon noticing a breach of conduct that may do harm if allowed to pass and addresses the chair with: “I rise to a point of order” The person speaking must immediately cease and take his seat, if standing. The Chair then asks the member to state his point of order or objection. After the point is taken then the Chair will rule on the point of order by saying: “the point is well taken” or “the point is not well taken” followed by the chair’s reasoning. (242-247)

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Motions Classifications in General: 13• Motion: also called the “Main Motion” formal proposal by a

member, in a meeting, that the assembly take certain action• Subsidiary Motions: change or affect how a main motion is

handled and voted on before the Main motion.• Privileged Motions: bring up urgent business and must be

disposed of before business can continue• Incidental Motions: provide the means of questioning

procedure concerning other motions• Motions that bring a question again before the assembly• Incidental motions classed with motions that bring a

question again before the assemblyRONR (10th Ed.), Tables of Rules Relating to Motions. p.24

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How does one make a motion? 14• By standing or raising one's hand to be recognized by the

presiding officer (but not while another member has the floor). After recognition, the member then states: "I move that we…[body of motion]." The member then briefly describes the motion in its principal terms.

• After the movant is finished, he or she waits for a second. If no one voluntarily seconds the motion, then the presiding officer may ask for a second. It is generally not a requirement for the secretary to record who seconded a motion but good practice requires that the movant's name be in the minutes.

• The presiding officer then calls for discussion on the motion. The member who introduced the motion has the right to speak on the motion first. Other members desiring to speak either raise their hands or stand after the previous speaker finishes so that they may be recognized by the chair in order to share their opinion.

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To Amend a motion: 15• All main motions are amendable and so are most

incidental motions. There are 86 motions that are classified in CHARTS, TABLES and LISTS II. TABLE OF RULES RELATING TO MOTIONS. RONR (10th Ed.), p. 6-29.• An amendment is in order after a main motion has been

made and seconded and is on the floor for discussion• The member desiring to amend a motion should rise and

be recognized by the presiding officer and then state his or her amendment in the form: “Madam Chair. I rise to offer an amendment to the …. by…. Alternatively the movant could say: “I move to amend by: (adding), (inserting), (striking out), or (substituting).

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Can an Amendment be Amended? 16• Absolutely, if in order. After an amendment has been

offered and seconded and the amendment is on the floor for discussion a motion to amend the amendment can be offered by a member.• As in any other amendment motion, it must be seconded

and in turn discussed. The movant usually says: “I move to amend the pending amendment by: (see previous slide #14).• Amendments are debated in reverse order, i.e., the last

amendment is first debated and then voted on; the next amendment in reverse order and so on until finally the main motion as amended (or not) is voted on.

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Getting to a Vote Generally: 17• Generally there are three steps followed:

1. Members debate the motion (unless no member claims the floor for that purpose).

2. The chair puts the question (that is, puts it to a vote).3. The chair announces the results of the vote.

In addition , while the motion is open to debate, the assembly may wish to take a number of actions as part of the motion’s consideration---which themselves can be the subject of certain parliamentary motions.

See particularly (p. 31-54). Also see Subsidiary Motions later.

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Well-OK, the debate has gone on long enough---How do we end it?

18• Generally some form of subsidiary motion will be required to end debate.

• The Subsidiary Motions are listed and discussed in some detail on the next two slides but in general they all have 4 characteristics:1. They are always applied to another motion while it is pending, to aid in

treating or disposing of it; the adoption of one of them always does something to this other motion—that is, changes its status in some way---without adopting it or expressly rejecting it. (62)

2. They can be applied to any main motion3. They fit in an order of precedence

4. The time when they are in order extends from the moment the question on a motion to which they can be applied is stated by the chair, until the chair begins to take the vote on that motion (subject to three provisos):

• It must be admissible at the time• The question presented must not be absurd, or substantially the same as

one already decided• After a vote has been ordered by the adoption of a motion for the Previous

Question and before the vote has been taken, no subsidiary motion can be made other than Lay on the Table (which is of a higher rank than the Previous Question)

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Subsidiary Motions: 19• Definition: subsidiary motions assist the assembly in treating or

disposing of a main motion (and sometimes other motions). (60) (see § 6, pages 60ff)• Postpone Indefinitely: used to dispose of an embarrassing main

motion by not having it brought to a vote (see § 11 p. 121)• A Motion to Amend: a main motion might be more suitable if it

was in a altered form---to clarify or modify the meaning (see § 12 p. 125)• A Motion to Refer to a Committee: if much time would be

required to amend the main motion properly, or additional information is needed, so that further study and redrafting can be done before it is brought before the assembly for a vote (see § 13 p. 160)

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Subsidiary Motions - continued 20• Postpone to a Certain Time (Postpone Definitely or sometimes just

“Postpone”) when the assembly prefers to consider the question later in the same meeting or at another meeting (see § 14 p. 172)• A Motion to Limit or Extend Debate: used when the assembly

desires to change the normal rules for the time allowed for debate (10 minutes max) or to allow more or longer speeches than under the usual rules or a combination of the above (see § 15 p. 183)• Previous Question: if it is desired to close debate and amendment

of a pending motion so that it will come to an immediate vote (see § 16 p. 189)• Lay on the Table: lay the main motion and all pending amendments

aside temporarily without setting a time for resuming its consideration but with the provision that it can be taken up again whenever a majority so decides (see § 17 p. 201)

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How is Debate Generally Ended? 21• By calling the "Previous Question" A member or the chair may

call the "previous question" or "previous." When this motion is made it is out of order if another member has the floor. It must be seconded and it is not debatable. The motion normally requires two-thirds vote. This motion has the effect of suspending debate on the matter before the assembly. In its unqualified form (meaning it does not refer to other than the last motion in debate), it applies to the immediately pending question.• The chair states the question usually this way: “The previous

question is moved on [naming motion]. Those in favor of ordering the previous question vote by raising their hands or standing… Be seated. Those opposed, rise…Be seated. If there are less than 2/3rds in the affirmative the motion is lost and debate continues. (200)

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Privileged Motions: 22

• Privileged motions (aka privileged questions) do not relate to pending business but have to do with special matters of immediate importance and overriding considerations which, without debate, should be allowed to interrupt the consideration of anything else. (64)• Privileged motions like subsidiary motions have a order

of precedence. (ibid.)• In general they take precedence over motions in any

other class---there are exceptions to this rule. (ibid.)

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Privileged Motions in ascending order of rank. Privileged Motion 1:

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• Call for the Orders of the Day: If an adopted program or agenda is being followed, or if consideration of a question has been set for the present time and is now in order, but the matter is not being taken up, a member may make a motion for a Call for the Orders of the Day. This requires such a schedule to be enforced—unless the assembly decides by a 2/3rds majority to set the orders of the day aside. (64-65) (see § 18 p. 211)

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Privileged Motions 2 24• Raise a Question of Privilege: If a pressing situation is

affecting a right or privilege of the assembly or a member(for example, noise, inadequate ventilation, introduction of a confidential matter in front of guests, a member can raise the Question of Privilege Motion by interrupting pending business to state an urgent request or motion. If the matter is not simple enough to be taken care of informally, the chair then rules as to whether it is admitted as a question of privilege and whether it requires consideration before the pending business is resumed. (65) (see § 19 p. 216)

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Privileged Motions 3: 25• The Motion to Recess: A short interruption of a meeting,

even while business is pending, can be proposed by moving to Recess for a specified length of time. (65) (see § 20 p. 222)• The Motion to Adjourn: A member can propose to close

the meeting entirely by moving to Adjourn. The motion can be made even while business is pending, providing that the time for the next meeting is established by rule of the society or has been set by the assembly (in such a case unfinished business is carried over to the next meeting). (65)(see § 21 p. 225)

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Privileged Motions 4: 26• Fix the Time to Which to Adjourn: This motion (the

highest ranking of all motions) is made under certain conditions while business is pending, the assembly---before adjourning or postponing the pending business---may wish to fix a date and hour, and sometimes the place, for another meeting, or for another meeting before the next regular meeting. This motion is in order even while a matter is pending, unless another meeting is already scheduled for later within the same session. (65) (see § 22 p. 234)

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Incidental Main Motions Corresponding to Privileged Motions: 27

• For the motions to Recess, Adjourn, and Fix the Time to Adjourn, there are corresponding incidental main motions of the same name… (66-72)• Questions of privilege can be brought up while no motion

or business is pending and at such times they are moved as any main motion. (ibid.)• These motions are main motions that are incidental to or

relate to the business of the assembly, or its past or future actions. These motions propose: an action specifically defined under parliamentary law and described by a particular parliamentary term and they do not mark the beginning of a particular involvement of the assembly in a substantive matter, as an original main motion does. (96)

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Incidental Motions: 28• As a class Incidental Motions relate in different ways, to the

pending business or to business otherwise at hand---some of them with varying degrees of resemblance to subsidiary motions, but none of them possessing all of the four characteristics listed on pages 61-62. [T]hey deal with questions of procedure arising out of: (1) commonly, another pending motions; but (2) sometimes, another motion or item of business: (a) that is desired to introduce, (b) that has been made but has not yet been stated by the chair, (c) or that has just been pending. (66)• In the following 5 slides the first page citation refers to the

Class of Individual Motions §6 - Discussion of Motions in All Classifications. The (see § p. #) references the detailed discussion of the individual motions themselves).

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Incidental Motions - 1 of 5: 29• Point of Order: although the chair is charged with the

responsibility of enforcing the rules, a member on observing a breach of them can call attention to it by making a Point of Order. This motion has the effect of requiring the chair to rule on the question involved. (67) (see § 23 240) • Appeal: while the chair has the duty of ruling on all

questions of parliamentary procedure affecting the assembly’s proceedings, any two members by rising, moving and seconding an Appeal immediately after such a ruling by the chair can force the chair to submit the ruling to a vote of the assembly (2/3rds majority). (see § 24 p. 247)

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Incidental Motions - 2 of 5: 30• Suspend the Rules: When it is desirous for the assembly

to take up a question or do something that would be in violation of a rule, it can be proposed in some cases to suspend the rules to permit accomplishment of the desired purpose. (68) (also see § 25 p. 252)• Objection to the Consideration of the Question: If a

original main motion has been made, and a member believes harm would come from discussion in the meeting this motion can be made---provided he has done so before debate has begun or any subsidiary motion has been stated; the assembly then votes on whether the main motion shall be considered (2/3rds needed to sustain the motion). (68) (also see § 26 p. 258)

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Incidental Motions - 3 of 5: 31

• Division of a Question: a pending main motion or amendment to it might be made that could be split into two or more separate questions. The assembly can vote to treat the motion or amendment as two or more parts in succession as individual motions. (68) (see § 27 p. 261)• Consideration by Paragraph or Seriatim (Latin:one after

the other, in a series): If the main motion is a document or resolution containing several sections which could be most efficiently handled by opening each paragraph or section to amendment, one at a time (before the whole is finally voted on). (68) (see § 28 p. 266)

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Incidental Motions - 4 of 5: 32

• Division of the Assembly: If a member doubts the accuracy of the chair’s announcement of a voice vote (or a vote by show of hands) – a demand can be made to require a standing vote, but not to order the count. (68) (see § 29 p. 270)• Several Motions can be made to take a vote by: (a) ballot

(b) roll call, or (c) by a standing counted vote—especially useful when the chair has failed to order a count. This group also includes a motion to close or reopen the polls in a ballot vote or an election. (69) (see § 30 p. 273)

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Incidental Motions - 5 of 5: 33

• There are several motions relating to nominations: Any member can move while the election is pending to: (a) to specify one of the various methods by which the candidates shall be nominated; or if the need arises, (b) to close nominations, or (c) to reopen them.( 69) (see § 31 p. 275)• Motion to be Excused from a Duty; a member may make

a request to be excused from a duty or obligation the bylaws impose or by virtue of some position or office the member holds. (69) (see § 32 p. 277)

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Requests and Inquiries: 34

• Requests and Inquiries: These are types of requests and inquiries which a member can make in conjunction with business that someone desires to introduce, or which is pending, or has just been pending. These include:(a) The Parliamentary Inquiry which is a request for

the chair’s opinion on a matter of procedure as it relates to the business at hand---not involving a ruling; and,

(b) The Point of Information which is an inquiry as to facts affecting the business at hand—directed to the chair or, through the chair to a member.

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Requests and Inquiries - continued 35(c) The Request for Permission (or Leave) to Withdraw a Motion (after it has been stated by the chair) (69)(d) The Request to Read Papers (ibid.)(e) A Request for Any Other Privilege. (ibid.)

Of these types of requests, the first two are responded to by the chair, or by a member at the direction of the chair; the other requests can only be granted by the assembly. (ibid.)

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36What should we take away from here?• Robert’s Rules are complex and take some getting used

to and the best way to learn them is to use them – practice being the chair when you can.

• Use common sense, decorum and civility when debating.• Use correct form to get the floor by standing or in small

meetings by raising your hand and in the way you address the chair and other members.

• Allow everyone to take part without interruption or intimidation and treat everyone equally.

• Act in ways that are fair and unbiased---recognizing that when you are advocating for something you are biased towards achieving that goal, but always remembering that others may not see it that way and they are entitled to their view no matter how incorrect it may be…

• Keep your attention on the meeting---do not get into side discussions or issues. To do so distracts mightily from the progress the meeting is to make and may bring the disapproval of the chair down on you….

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The End…I’ve enjoyed being with you today. I hope that in some small way we have all gained useful knowledge on Robert’s Rules and its application in meetings and assemblies. Remember principled, decorous and intelligent debate adds to many things in the world in which we operate. It is in all of our interests that ideas flourish, different positions on many matters are discussed and debated; and, of course, civility practiced in everything we do and say.Thanks folks…Mickey

@ACBSPAccredited #ACBSP2016