Meetings, Motions & Minutes:An Introduction to Parliamentary Procedure

Minnesota Clerks & Finance Officers Association2020 Annual Conference : Wednesday, March 18, 2020; 1:45 p.m.Presented by Casey Joe Carl, City Clerk – City of Minneapolis

Introduction

What is government?

Government is a trust and the officers of the government are trustees, and both the trust and the trustees are created for the benefit of the people.

—Henry Clay

Legislative Process – Defined

“Legislative process” encompasses thesequence of steps through which anidea is put into a formal proposal sothat it can be enacted as local law,public policy, or government program.

PUBLIC WILL → PUBLIC POLICY

Foundational Ideas

(1) Values

(2) Principles

(3) Practices

Universal Concepts

Parliamentary Law

Parliamentary Procedures

Values

(1) ValuesUniversal Concepts

▪ Equality▪ Rights▪ Justice▪ Order

Body

Members

Principles & Procedures

THEORY

APPLICATION

(2) Principles

(3) Practices

Parliamentary Law

Parliamentary Procedures

Ten Principles1. Jurisdiction must be given; it cannot be assumed.

2. Legislative power is vested collectively in a body of decision-makers, and cannot be delegated.

3. Proper notice must be given.

4. Decision or action can only be taken in a proper meeting with a quorum present.

5. There must be a clearly stated question before the body on which it can take definitive action.

Ten Principles6. Decisions (actions) are expressed by a vote.

7. A majority is required to decide (act).

8. There must be no fraud, trickery, or deception in the process.

9. Decisions (actions) cannot violate or be in conflict with any applicable law, rule, or decision of higher-ranking authority.

10. A record of the proceedings must be kept.

Governing Authorities• Federal Constitution, Laws & Judicial Decisions• State Constitution, Statutes & Judicial Decisions

• City Charter [municipal constitution]• Ordinances [municipal statutes]• City Council Rules• Parliamentary Authority (e.g., RONR)• Established Customs & Tradition

Local Control

MeetingsWe are here to get at the will of the assembly. This is the only valid reason for holding a meeting, and that must be the basis for all parliamentary action.

—Henry M. Robert

Necessity for Meetings• Authority to act or to decide is vested collectively in the body;

thus, there is a necessity for the body to meet.

• Technically, the body exists only during a proper meeting of its members. Outside that context, the body does not have legal authority.

• Members (and the public) have certain rights in regard to meetings:❑ Notice – Date, time, location, and other particulars❑ Purpose – Meeting type (and details if special or emergency)❑ Access – Agenda and relevant materials

Types of MeetingsIn Minnesota, a “meeting” is a gathering of a quorum (or more) of a governmental body, whether or not action is taken or contemplated.

Minn. Stat. Section 13D.04—

1. Regular Meetings [subd 1]

2. Special Meetings [subd 2]

3. Emergency Meetings [subd 3]

4. Recessed (Continued) Meetings [subd 4]

5. Closed Meetings [subd 5]

Most common types of meetings

Notices

Minn. Stat. Section 13D.04—

1. Regular Meetings: Calendar maintained at primary office

2. Special Meetings: 3 days in advance – bulletin board, mailing, and/or alternate deliver

3. Emergency Meetings: Good faith efforts

4. Recessed Meetings: During the original meeting, then nothing else

5. Closed Meetings: General notice requirements

Journal & Public MaterialsMinn. Stat. Section 13D.01—

1. Votes kept in journal [subd 4], accessible to public [subd 5]

2. Public copy of members’ materials [subd 6]

MotionsThe great purpose of all rules and forms is to subserve the will of the assembly rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberate sense.

—Luther Cushing

The Building Blocks of Business

Basic Classification Scheme of Motions

Main Motion: Introduces new business

Subsidiary Motions: Assists in processing motions

Restorative Motions: Brings prior business back for consideration

Privileged Motions: Concerns rules and rights of assembly and members

Incidental Motions: Addresses procedures of assembly

R

A

N

K

E

D

Subsidiary MotionsSubsidiary Motions: Assist in processing motions

A. Postpone IndefinitelyB. AmendC. Commit (Refer)D. Postpone to Time CertainE. Limit or Extend Limit of Debate*F. Previous Question (Call the Question)*G. Lay on the Table

* Two-thirds vote required

In rank order, from lowest to highest

Privileged MotionsPrivileged Motions: Address rules and rights of assembly and members

A. Call for Orders of the DayB. Raise a Question of PrivilegeC. RecessD. AdjournE. Fix the Time to Which to Adjourn

In rank order, from lowest to highest

Restorative MotionsRestorative Motions: Bring prior business back for further consideration

A. ReconsiderB. Rescind or Amend Something Previously Adopted*C. Discharge a Committee*D. Take from the Table

* Two-thirds vote required, or majority vote with prior notice

Incidental MotionsIncidental Motions: Address the process of the assembly

A. Point of OrderB. Appeal Ruling of the Chair†C. Suspend the Rules‡D. Division of QuestionE. Parliamentary InquiryF. Request for InformationG. Request to Withdraw or Modify a Motion

[NOTE: These are some of the more common – not an exhaustive list]

Up & Down the Staircase

Main Motion and Amend are the two most frequently used of all ranked motions. By mastering the applicable procedures for making, handling, and disposing these two motions, parliamentarians are equipped to address the majority of issues arising during meetings, using just these two motions.

Eight Steps to Process a Motion1. Member seeks recognition

2. Member is recognized by the presiding officer

3. Member states motion

4. Motion is seconded

5. Question is propounded by the presiding officer

6. Members debate the question

7. Question is put and vote taken

8. Outcome of the vote is stated by the presiding officer

Voting & MajorityVoting

Voice Vote (default)

Counted VoteExamples: Show of Hands or Rising/Standing Count

Roll Call (Recorded Vote)---------------------------------------------NO—Proxy votingSecret voting (balloting)

MajoritySimple Majority

Defined MajorityExample: Two-Thirds or Four-Fifths

Majority of Members

Majority of Fixed Membership

---------------------------------------------

Always assume a quorum*

MinutesThe minutes should be an official record of actions taken by the organization, not a transcript of what individuals say in a meeting.

—Ray E. Keesey

Minutes vs. TranscriptMinutes

The record of proceedings of a deliberative assembly, presented as a concise memorandum of the actions and decisions taken during a meeting.

Minutes are a record of what is done at a meeting, not what is said by members.

CLERK

TranscriptA verbatim report of any manner of proceedings, usually of a legal or judicial character, providing a word-for-word account of everything that is said during a meeting or session.

A transcript may include notations of actions and decisions in addition to the verbatim report.

STENOGRAPHER

Purpose & General ContentValue of Minutes

▪ Legal (evidentiary) value▪ Administrative value▪Historical value---------------------------------------------Publication of approved minutes*

General Content

▪Minnesota Statutes (various)

▪ **Minnesota State Auditor –Statement of Position: Meeting Minutes, Jan. 2014**

▪ RONR – Essentially matches State Auditor’s Position Statement, except for names of those seconding motions

MoreKnow all about parliamentary law, but do not try to show off your knowledge. Never be technical, or more strict, than is absolutely necessary for the good of the meeting.

—Robert’s Rules of Order Revised, 1915

References

ResourcesNational Association of Parliamentarians213 South Main StreetIndependence, MO 64050Phone (Toll Free): 888-627-2929Web: www.parliamentarians.orgEmail: hq@nap2.org

American Institute of Parliamentarians1100 E. Woodfield Road, Suite 350Schaumburg, IL 60173Phone (Toll Free): 888-664-0428Web: www.aipparl.orgEmail: aip@aipparl.org