DOCSLIB.ORG

Parliamentary Procedure for Road Commission Boards By: Wendy S

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Parliamentary Procedure for Road Commission Boards By: Wendy S PARLIAMENTARY PROCEDURE FOR ROAD COMMISSION BOARDS BY: WENDY S. HARDT MICHAEL R. KLUCK & ASSOCIATES Parliamentary Procedure for Road Commission Boards Controlling authority ◦Open Meetings Act ◦County Road Law ◦Robert’s Rules of Order (guidance) Parliamentary Procedure for Road Commission Boards Quorum = majority of the members of the board Parliamentary Procedure for Road Commission Boards No Quorum = No Formal Action Parliamentary Procedure for Road Commission Boards Quorum Determination 5-Person Board = 3 members 3-Person Board = 2 members Parliamentary Procedure for Road Commission Boards Conflict of Interest May still vote if – ◦ lack of quorum ◦ work 25 hours per week or less for public entity ◦ full disclosure, made part of the public record ◦ financial interest ≤$250.00 or 5% of contract Parliamentary Procedure for Road Commission Boards Chairperson = Responsible for following parliamentary procedure and deciding all points of order. Parliamentary Procedure for Road Commission Boards Voting Rules ◦ Abstention counts as a “no” vote. ◦ All Board members, absent a conflict of interest, may vote. Parliamentary Procedure for Road Commission Boards •Each county road commissioner holds office until his/her successor is appointed or elected and qualified. Parliamentary Procedure for Road Commission Boards ◦ Super-majority may not be required, except where legislation so provides. ◦ Proxy voting is not allowed. Parliamentary Procedure for Road Commission Boards ◦ Roll call voting is not generally required. However, for certain closed sessions of the Board, as 2/3 roll call vote of members elected or appointed and serving is required. Parliamentary Procedure for Road Commission Boards ◦ Be careful about trying to arrive at a consensus before a meeting. ◦ E-mail communications are discoverable and could constitute a violation of the Open Meetings Act. Parliamentary Procedure for Road Commission Boards ◦ Secret motions are not allowed. ◦ A tie vote means the motion failed. Parliamentary Procedure for Road Commission Boards Motion Process Chair: May we have a motion? Member: I move that . Second Member: I second the motion. Chair: We have a motion that . Is there any discussion? Parliamentary Procedure for Road Commission Boards ◦ Seconding a motion does not necessarily signify support for the motion. ◦ It means the motion may move forward to discussion and a vote. Parliamentary Procedure for Road Commission Boards At the end of discussion, the Chair says: “Is there any further discussion? If not, I am going to call the question. All those in favor of . Please say aye. (pause) All opposed, please say no. (pause) Motion carried – or Motion denied.” Parliamentary Procedure for Road Commission Boards There should only be one motion on the floor at a time, and only one member should speak at a time, when recognized by the Chair. Parliamentary Procedure for Road Commission Boards Role of the Chair: ◦ maintain decorum ◦ keep members from making personal attacks on one another ◦ keep the discussion focused ◦ try not to show partiality ◦ encourage alternate solutions ◦ make sure everyone knows what is being voted on Parliamentary Procedure for Road Commission Boards Under Robert’s Rules, 5 classes of motions: 1. Main Motion. 2. Subsidiary Motions – assist members in handling main motion. 3. Privileged Motions – members’ rights and privileges. 4. Incidental Motions – incidental to business at hand. 5. Motion to Reopen a Completed Question. Parliamentary Procedure for Road Commission Boards Under Robert’s Rules, a motion to reconsider a motion that has already been decided must come from the prevailing side. Parliamentary Procedure for Road Commission Boards Sample Agenda: 1. Call to order. 2. Roll call. 3. Approval of minutes. 4. Approval of Agenda. 5. Public Comment. 6. Communications. Parliamentary Procedure for Road Commission Boards 7. Reports of Officers. 8. Unfinished business. 9. New business. 10. Miscellaneous. 11. Closed session. 12. Adjournment. Parliamentary Procedure for Road Commission Boards Chair calls the meeting to order and makes sure the agenda is followed. Asks for a motion to adjourn at the end of the meeting. Parliamentary Procedure for Road Commission Boards Each Board member plays a valuable part in insuring a productive meeting. Parliamentary Procedure for Road Commission Boards Questions?.
Load more

Recommended publications
  • Motions Explained
    MOTIONS EXPLAINED Adjournment: Suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place. Recess: Bodies are released to reassemble at a later time. The members may leave the meeting room, but are expected to remain nearby. A recess may be simply to allow a break (e.g. for lunch) or it may be related to the meeting (e.g. to allow time for vote‐counting). Register Complaint: To raise a question of privilege that permits a request related to the rights and privileges of the assembly or any of its members to be brought up. Any time a member feels their ability to serve is being affected by some condition. Make Body Follow Agenda: A call for the orders of the day is a motion to require the body to conform to its agenda or order of business. Lay Aside Temporarily: A motion to lay the question on the table (often simply "table") or the motion to postpone consideration is a proposal to suspend consideration of a pending motion. Close Debate: A motion to the previous question (also known as calling for the question, calling the question, close debate and other terms) is a motion to end debate, and the moving of amendments, on any debatable or amendable motion and bring that motion to an immediate vote. Limit or extend debate: The motion to limit or extend limits of debate is used to modify the rules of debate. Postpone to a certain time: In parliamentary procedure, a postponing to a certain time or postponing to a time certain is an act of the deliberative assembly, generally implemented as a motion.
    [Show full text]
  • Simplified Parliamentary Procedure
    Extension to Communities Simplifi ed Parliamentary Procedure 2 • Iowa State University Extension Introduction Effective Meetings — Simplifi ed Parliamentary Procedure “We must learn to run a meeting without victimizing the audience; but more impor- tantly, without being victimized by individuals who are armed with parliamentary procedure and a personal agenda.” — www.calweb.com/~laredo/parlproc.htm Parliamentary procedure. Sound complicated? Controlling? Boring? Intimidating? Why do we need to know all those rules for conducting a meeting? Why can’t we just run the meetings however we want to? Who cares if we follow parliamentary procedure? How many times have you attended a meeting that ran on and on and didn’t accomplish anything? The meeting jumps from one topic to another without deciding on anything. Group members disrupt the meeting with their own personal agendas. Arguments erupt. A few people make all the decisions and ignore everyone else’s opinions. Everyone leaves the meeting feeling frustrated. Sound familiar? Then a little parliamentary procedure may just be the thing to turn your unproductive, frustrating meetings into a thing of beauty — or at least make them more enjoyable and productive. What is Parliamentary Procedure? Parliamentary procedure is a set of well proven rules designed to move business along in a meeting while maintaining order and controlling the communications process. Its purpose is to help groups accomplish their tasks through an orderly, democratic process. Parliamentary procedure is not intended to inhibit a meeting with unnecessary rules or to prevent people from expressing their opinions. It is intended to facilitate the smooth func- tioning of the meeting and promote cooperation and harmony among members.
    [Show full text]
  • Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
    LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November.
    [Show full text]
  • The Role of the Speaker
    THE ROLE OF THE SPEAKER The Speaker is a Member of the Legislative Assembly (MLA) elected in a secret ballot by all MLAs to preside over debates and ensure that the Legislative Assembly follows established rules of behaviour and parliamentary procedure. THE SPEAKER AS PRESIDING OFFICER The election of a Speaker is the first item of business for a new Parliament and takes place on the first sitting day after each provincial general election or when a Speaker resigns, retires, or dies. Once elected, the Speaker must remain neutral at all times and can only vote to break a tie. The Speaker is responsible for ensuring that all MLAs are treated fairly and impartially. One of the Speaker’s most difficult tasks is balancing the right of the majority to conduct business with the right of the minority to be heard. It is the Speaker’s job to interpret and enforce the Standing Orders - the Legislative Assembly’s rules for parliamentary procedures - to ensure that debates are carried out properly and that all MLAs have the opportunity to participate. To assist the Speaker in maintaining order, MLAs cannot participate in a debate until they are formally recognized by the Speaker. Once recognized, MLAs must direct their speeches or questions to the Speaker, not to each other. Any MLA who disobeys the rules or makes unparliamentary remarks can be disciplined by the Speaker. The Speaker’s Chair in the Legislative Chamber OTHER DUTIES OF THE SPEAKER Although the Speaker is neutral and avoids taking public positions on political matters, the Speaker continues to serve as an MLA.
    [Show full text]
  • ROBERT's RULES of ORDER Simplified and Applied
    6399-8_2 FM 6/20/02 11:05 AM Page iii ROBERT’S RULES of ORDER Simplified and Applied Second Edition by Robert McConnell Production 6399-8_2 FM 6/20/02 11:05 AM Page iv Robert’s Rules of Order: Simplified and Applied, 2nd edition Copyright © 2001 by Robert McConnell productions Published by Wiley Publishing, Inc., Indianapolis, Indiana Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-750-4470, or on the web at www.copyright.com.You can contact the Publisher directly for permission by email at [email protected] or on the web at www.wiley.com/about/permission. Trademarks:Wiley, the Wiley Publishing logo,Webster’s New World, and the Webster’s New World logo are trademarks or registered trademarks of Wiley Publishing, Inc., in the United States and other countries, and may not be used without written permission.All other trademarks are the property of their respective owners.Wiley Publishing, Inc., is not associat- ed with any product or vendor mentioned in this book. Limit of Liability/Disclaimer of Warranty:While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose.
    [Show full text]
  • Germaneness Requirements
    Floor Action 5-59 Germaneness Requirements Background. The word “germane” usually is defined as “in close relationship, appropriate, relative or pertinent to.” According to Tilson's Parliamentary Law and Procedure, the basic principle of germaneness "lies in the need for orderly legislation." The principle of germaneness was relatively unknown in general parliamentary law before the late 1700s. The Congress of the Confederation—the precursor to the Congress of the United States—made an attempt to address germaneness in 1781. The first formal germaneness rule was adopted by the U.S. House of Representatives in 1789. The text of the original rule was modified in 1822 to read: “No motion or proposition, on a subject different from that under consideration, shall be admitted under color of amendment.” This wording became the basis for most modern germaneness provisions. Current practices. Today, the principle of germaneness is well established. Forty state constitutions contain a provision that requires a bill to address or contain a single subject (see table 00-5.20). In Mississippi, germaneness is implied, but a single subject requirement is not specifically stated in the constitution. No specific single subject provision is set forth by the constitutions in Arkansas, Connecticut, Maine, Massachusetts, New Hampshire, North Carolina, Ohio, Rhode Island and Vermont. In addition, 80 legislative bodies reported that they have chamber rules on germaneness of amendments or motions (see table 00-5.21). The following 12 chambers do not have germaneness rules. Alabama Senate Oklahoma Senate Hawaii House Tennessee Senate and House Iowa Senate Virginia Senate Michigan Senate West Virginia Senate Nevada House Wyoming Senate and House As shown in table 00-5.22, most legislative assemblies enforce germaneness provisions in committee as well as on the floor.
    [Show full text]
  • The Constitutionality of Legislative Supermajority Requirements: a Defense
    The Constitutionality of Legislative Supermajority Requirements: A Defense John 0. McGinnist and Michael B. Rappaporttt INTRODUCTION On the first day of the 104th Congress, the House of Representatives adopted a rule that requires a three-fifths majority of those voting to pass an increase in income tax rates.' This three-fifths rule had been publicized during the 1994 congressional elections as part of the House Republicans' Contract with America. In a recent Open Letter to Congressman Gingrich, seventeen well-known law professors assert that the rule is unconstitutional.3 They argue that requiring a legislative supermajority to enact bills conflicts with the intent of the Framers. They also contend that the rule conflicts with the Constitution's text, because they believe that the Constitution's specific supermajority requirements, such as the requirement for approval of treaties, indicate that simple majority voting is required for the passage of ordinary legislation.4 t Professor of Law, Benjamin N. Cardozo Law School. tt Professor of Law, University of San Diego School of Law. The authors would like to thank Larry Alexander, Akhil Amar, Carl Auerbach, Jay Bybee, David Gray Carlson, Lawrence Cunningham, Neal Devins, John Harrison, Michael Herz, Arthur Jacobson, Gary Lawson, Nelson Lund, Erela Katz Rappaport, Paul Shupack, Stewart Sterk, Eugene Volokh, and Fred Zacharias for their comments and assistance. 1. See RULES OF THE HOUSE OF REPRESENTATIVES, EFFECTIVE FOR ONE HUNDRED FOURTH CONGRESS (Jan. 4, 1995) [hereinafter RULES] (House Rule XXI(5)(c)); see also id. House Rule XXI(5)(d) (barring retroactive tax increases). 2. The rule publicized in the Contract with America was actually broader than the one the House enacted.
    [Show full text]
  • Parliamentary Procedure: Running a Club Meeting
    PARLIAMENTARY PROCEDURE: RUNNING A CLUB MEETING What is Parliamentary Procedure? Parliamentary procedure is a set of rules for conducting meetings. It allows for everyone to be heard and to make decisions without confusion. Today, Robert’s Rules of Order, Newly Revised is the basic handbook of operation for most clubs, organizations, and other groups. Robert’s Rules can be found in most libraries. A Very Abridged Version of Robertʼs Rules The degree of order needed at a meeting is dependent upon the size and purpose of the group. The following are some basics of Robert’s Rules of Order, which may be helpful for groups that need a degree of normality in conducting business. The Motion You may make a motion when you want the group to take some action: to send a letter, to accept a report, to hold a special meeting, to spend money for some special purpose, etc. Introduce the motion by saying, “I move that,” followed by a statement of the proposal. You cannot discuss the motion until someone has seconded it. This is done to reduce the number of discussions on a subject in which no one else in the group is interested. The Amendment Amendments are offered in the same way as a motion. You may offer an amendment when you agree substantially with the motion which has been made but want to make some changes before it is adopted. Amending the Amendment Just as a motion may be amended, an amendment may also be changed in the same way. As with the first amendment, the second amendment must relate to the motion and the amendment.
    [Show full text]
  • Chapter 8: the Speaker, the Chairman of Committees and Officers
    of Speaker is an essential of the parliamentary system, and of Westminster parliamentary traditions the Speakership has proved to be the The office is an ancient one over one of the first Parliaments (the 'Mad Parliament') in 1258, it is considered that the first Speaker to be so designated wa in 1377, who became the first in a continuing times Speakers were variously described as 'Parlour* (mouth), 'Prolocutor' (chair- man) and 'Procurator' (agent). Essentially each acted as mouthpiece or spokesman and hence 'Speaker' on behalf of the House in communicating its resolutions to the The office of Speaker was central to the centuries long battle for supremacy between Parliament and the monarchy. Historically the role of the Speaker has been an unenviable one. The chequered history of the Speakership shows that a number of Speakers died violent deaths by way of execution or murder while others were imprisoned, impeached or expelled from office. This record is reflected in the custom of a newly elected Speaker showing a token resistance on being escorted to the Chair. As Laundy states in The Office of Speaker: The custom had its origin in the genuine reluctance with which early Speakers accepted the office, for the role of spokesman for an emerging body of legislators bent on opposing the royal will was a dangerous occupation . Until discontinued by Speaker Onslow in 1728 it was the custom for the Speaker-elect to struggle with his proposer and seconder, resisting every inch of the way to the Chair with the result that he was iiteraily dragged to it.1 Today in the House of Representatives the custom is maintained by the Speaker- elect being escorted with gentle dignity to the Chair by his or her proposer and The fascinating historical development of the Speakership has been well recorded by Laundy.2 For the purposes of this text it is sufficient to say that it is an office of great importance not only in its significant and onerous duties but particularly for what it is held to represent.
    [Show full text]
  • Robert's Rules of Order – the Basics
    Robert’s Rules of Order – the Basics (This sheet should not be a substitute for Robert’s Rules of Order, Newly Revised, 11nd Edition, but is meant to supplement the full set of rules.) Parliamentary procedure is a set of rules for conducting orderly meetings that accomplish goals fairly. Most PTAs use Roberts Rules of Order. Benefits of parliamentary procedure include the following: • Justice and courtesy for all • Maintenance of order • Consideration of one item at a time • All sides get heard • Ability for each member to provide input • Majority rule • Protection of the rights of all members including the minority Basic Principles • All members have equal rights, privileges and obligations • No person can speak until recognized by the chair • Personal remarks during debate are out of order • Only one question at a time may be considered, and only one person may have the floor at any one time • Members have a right to know what the immediately pending question is and to have it restated before a vote is taken • Full and free discussion of every main motion is a basic right • A quorum must be present for business to be conducted • A majority decides a question except when basic rights of members are involved or a rule provides otherwise. • A 2/3 vote is required for any motion that deprives a member of right in any way (e.g., cutting off debate) • Silence gives consent. Those who do not vote allow the decision to be made by those who do vote. • The Chair should always remain impartial Basic Definitions Motion – A formal proposal made to bring a subject before an assembly for its consideration and action.
    [Show full text]
  • ABILITY 2 to Adjourn Qualified Purpose of the Qualified Motion To
    ABILITY 2 To Adjourn Qualified Purpose of the qualified motion to adjourn. This motion can be worded so as to remind members of the next meeting. Examples Member I move that this meeting be adjourned until our next meeting on April 5 in this room. Chair Is there a second? Member I second the motion. Notes: Needs a second Can be discussed Can be amended Majority vote ABILITY 2 The Motion to Adjourn 1. What is the advantage of the qualified motion to adjourn over the unqualified motion to adjourn for most FFA chapters? The qualified form of the motion can be debated, amended, and worded so that members are reminded of the next meeting. 2. When might it be desirable for a minority group to introduce an unqualified motion to adjourn? It would be desirable for a minority group to introduce an unqualified motion to adjourn when they wish to delay, postpone, or prevent consideration of an item of business or a motion to which they are opposed. 3. What might be a desirable amendment to a qualified motion to adjourn? A desirable amendment would be amendments setting the location and time of the next meeting. ABILITY 4 To Call for a Question of Privilege Purpose : When the rights, privileges, or even the comfort of the assembly demand immediate action. Examples : *Put main motion on the floor Member I rise to a question of group privilege. Chair State your question. Member The P.A. system should be turned up so we can hear. Chair Your request is granted. Will the sentinel turn up the volume? Notes : You do not have to get recognition from the chair.
    [Show full text]
  • Parliamentary Procedure
    Parliamentary Procedure Student Senate November 2015 Why is Dean Mulvihill here? • Student Senators will have a clear understanding of the basic principals of Parliamentary Procedure. • Student Senators will understand basic meeting management principles. • Student Senators will have an understanding of the 8 basic motions. bLUeprint Foundations • Inclusive Leadership – this is a fair system that allows all members to be involved. • Collaborative Connections – the process of legislative debate requires the merging and forming of jointly created ideas. • Professional Growth & Success – This is a set of skills and a system of managing business that well accepted and used, but not always well practiced. What is Parliamentary Procedure • A systematic ways for groups to make decisions. • An accepted structure for legislative bodies. • A fundamentally fair process to allow people the opportunity to voice an opinion. General Rules • One person speaks on one thing at one time. • The chairperson has some control and introduces business. • Debate should be polite, and reasonable, and germane. • The Majority opinion applies. • The rights of those with a minority opinion must be preserved. • Individuals have a right to be involved in the decision making process. Doing your job as a senator: • Obtain the floor before you speak. • Keep track of where things are during a meeting. 8 Basic Motions • Main Motion • – Motion to Amend • – Motion to Postpone • – Motion to Refer • – Motion to Table • The previous question (extend/limit debate) • Appeal the decision of the Chair • Adjourn / Recess The Main Motion • This motion motivates the organization to act or do something. • “I move that we accept the minutes of the previous meeting as presented.” • “I move that we build a 20 foot high statue of Dean Mulvihill near the flag pole.” • “I move that we order a pizza.” • Requires a Second • Requires a Simple Majority to Pass (in most cases) • Is Debatable The Motion to Amend • This changes the main motion.
    [Show full text]