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?