A Guide to

for School District, Charter School, Education Service District and Community College Boards Oregon School Boards Association PO Box 1068, Salem, OR 97308 503-588-2800 or 1-800-578-OSBA

www.osba.org [email protected]

June 2010 Contents

Page About this Booklet 2 Parliamentary Law 3 Th e or Order of Business 4 Motions 5 Chart: Priority of Motions and Governing Rules 8 Chart: Commonly Used Motions 10 Amendments 12 and Elections 14 Glossary 15

1 About This Booklet

Parliamentary law was the name given to the rules and customs for doing business in the British Parliament. Th ese customs were introduced to the British colonies, and became the basic rules for all legislative assemblies in the newly formed United States. Our form of constitutional self-gov- ernance necessitated some changes to parliamentary law which Th omas Jeff erson codifi ed in 1801 when he compiled his Manual of Parliamentary Practice. Th e form of parliamentary procedure in use today by almost all govern- ment, civic, church and social organizations, can be traced directly to a book fi rst published in 1876 called Robert’s Rules of Order. was a General in the U.S. Army and a distinguished engineer. His work has seen many revisions and is now in its 9th Edition, but it remains the basic blueprint for how business is conducted in all deliberative as- semblies and is the core of this pamphlet. A Guide to Parliamentary Procedure for School District, Education Ser- vice District and Community College Boards is published by the Oregon School Boards Association and was adapted from Motions Without Emo- tion, A Guide to Parliamentary Procedures published by the Oregon Fire District Directors Association. Th e original document was produced by the State College of Washington. We would like to thank Patricia Knowl- ton and Peggy J. Long, Professional Registered Parliamentarians, for their assistance.

Printed OSBA, June 2010

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If you have questions about the information in this handbook, call OSBA Policy and Board Development, 503-588-2800 or 800-578-6722.

2 Parliamentary Law

arliamentary law is simple in Parliamentary law has principle. It is based largely three main purposes: on mere common sense and P . Enables a board to transact courtesy. It seems technical because business with speed and it has been necessary to develop a effi ciency. special vocabulary for discussing it. If one knows the vocabulary, the . Protects the rights of each rules come easily. For this reason, board member. we’ve included a glossary of common . Preserves a spirit of harmony. terms in the back of this booklet. To achieve these purposes, always consider the fi ve basic prin- ciples of parliamentary procedure: 1. Only one subject may claim the attention of the board at one time. 2. Each proposition presented for consideration is entitled to full and free debate. 3. Every board member has rights equal to every other board member. 4. Th e will of the must be carried out, and the rights of the minority must be preserved. 5. Th e personality and desires of each member should be merged into the larger unit of the organization.

3 The Agenda or Order of Business

t is customary for every school A suggested order for an agenda board to adopt a standard order follows: Iof business for meetings, com- . Call to order monly referred to as the agenda or order of business. . Opening ceremonies: (optional) Pledge of Allegiance, welcoming remarks . Approval of of previous meeting(s) . Public comment . Reports: offi cers, standing and special committees . Unfi nished business . New business . Announcements and pro- gram .

4 Motions

motion is a proposal that the to vote on it before on the group take certain action. main motion. For example: A “I move that we postpone the motion to replace the playground equipment How are motions until the next meeting due to the classifi ed? lateness of the hour.” A subsidiary motion has rank among Main motion other subsidiary motions commonly Th e objective of a main motion is called the order of precedence. A to bring a question, or proposition, motion of higher rank can be made before the board for consideration. while a motion of lower rank is on Only one main motion can be the fl oor. See the centerfold chart for considered at a given time by the order (rank) of motions. board, and such a motion, when Privileged motion – A motion that introduced, excludes all other main has no connection whatsoever with motions until it has been disposed the main motion before the board, of. For example: but is a motion of such importance “I move that we replace the play- that it is entitled to immediate ground equipment at the Oak Street consideration. A motion of this class Elementary School.” has the privilege of interrupting the main business before the board. For Secondary motion example: “I move that we for A secondary motion can be made 10 minutes.” while the main motion is on the Incidental motion – Th e name fl oor and before it has been decided. “incidental” was chosen because a Secondary motions are divided into motion of this class arises only in- three classes which relate to their use cidentally out of the business of the in parliamentary procedure. board. For example: “I call for a roll- Subsidiary motion – A motion that call vote on the motion to adjourn modifi es or disposes of the main mo- since I’m not sure we had a majority tion being considered. Its existence in favor of adjournment.” depends entirely upon the principal Th ese motions have few characteris- motion to which it is subordinate. tics in common and are grouped in Since it relates to the question before this category only for convenience. the board, it is “in order” to propose a subsidiary motion when a main See the centerfold for a chart of motion is still before the board and priority of motions.

5 How should a motion . Another member seconds progress? the motion. Another member, without address- . A member raises his or her ing the chairman, may say, “I second hand or requests recognition the motion.” Seconding a motion is and addresses the presiding merely an indication that the mem- offi cer. ber seconding it wishes the matter to Th e presiding offi cer should be ad- come before the board for consider- dressed by title, as “Mr. (or Madam) ation. If no one seconds the motion, Chairman.” If the specifi c title is not the chairman may ask, “Is there a known, it is always correct to use the second to the motion?” If there is term “Mr. (or Madam) Chairman.” none, he may declare, “Th e motion is lost for want of a second.” Or the . Th e member is recognized by chairman may second the motion. the presiding offi cer. (Th is varies from Robert’s Rules of Th e chairman recognizes a member Order because the school board by name or by a nod. Having thus chairman is an equal member of the received formal recognition from the board and therefore has the right to chairman, a member is said to “have second.) the fl oor” and is the only member . Th e presiding offi cer states the entitled to present a motion. motion to the board. . Th e member proposes a When a motion has been properly motion. proposed and seconded, the chair- A motion is always introduced in the man repeats the motion to the board, form, “I move that,” followed by a or “states the motion.” Aft er it has statement of the proposal. Th is is the been formally stated to the board, it only correct phraseology. Except for may be spoken of as a “question,” a very brief explanatory remarks, it is “proposition,” or a “measure.” not permissible to discuss the merits of a motion either prior to, or im- mediately following, the formal pro- posal of the motion. All discussion must wait until aft er the chairman has stated the motion to the board and has called for discussion.

6 . Th e board discusses or . Th e presiding offi cer takes the debates the motion. vote on the motion. Aft er the motion has been formally When all members who desire to stated by the chairman, any mem- discuss the question have done so, ber has a right to discuss it. Th e the chairman “puts the motion to member must obtain the fl oor in the a vote.” He may, before taking the same manner as when presenting a vote, inquire, “Is there any further motion. Normally, the fi rst person discussion?” or “Are you ready for who asks for recognition is entitled the question?” If no one speaks, the to speak, but when several members chairman presumes discussion is wish to speak or present motions at closed and will proceed to take the the same time, certain guiding prin- vote by announcing, “All in favor of ciples should determine the decision the motion (state the motion) say of the chairman: ‘Aye’.“ 1. Th e chairman should always show Following response from the board, preference to the proposer of the the chairman then says, “Th ose motion. opposed say ‘No’.“ If the chairman 2. A member who has not spoken cannot determine from the volume has prior claim over one who has al- of voices which way the majority has ready discussed the question, or who voted, he says, “Th e chair is in doubt. has proposed another motion. Th ose in favor of the motion please rise.” Aft er counting, the chairman 3. If the chairman knows the opin- says, “Be seated. Th ose opposed, ions of the various members regard- rise.” Aft er counting, he says, “Be ing the measure before the board, seated.” Another alternative is to he should alternate between those simply call for a show of hands. favoring the measure and those op- posing it. . Th e presiding offi cer announces the result of the vote. 4. Th e chairman should recognize a member who seldom speaks in pref- Th e chairman formally announces erence to one who frequently claims the result of the vote, saying: “Th e the attention of the board. motion is carried: therefore (state the intent of the motion).” If a majority Discussion must be confi ned to the voted in the negative, the chairman question that is “before the board.” says, “Th e motion is lost.” As soon as the vote has been announced by the chairman, another motion is in order.

7 Priority of Motions and Summary ofoverning G Rules May interrupt Requires a MOTIONS (in order of precedence) Debatable Vote required Motions that may apply second PRIVILEGED MOTIONS To fi x a time at which to adjourn No Yes Limited Majority , reconsider To adjourn (unqualifi ed) No Yes No Majority None To take a recess No Yes Limited Majority Amend To rise to a question of privilege Yes No No Chairman rules All To call for the orders of the day Yes No No None None SUBSIDIARY MOTIONS To lay on, or take from, the table No Yes No Majority None To call for the No Yes No Two-thirds Reconsider To limit, or extend limits of debate No Yes Limited Two-thirds Amend, reconsider To postpone defi nitely No Yes Limited Majority Amend, reconsider, previous question To refer to a No Yes Limited Majority Amend, reconsider, previous question To amend the motion (1st rank) No Yes Yes Majority Amend, reconsider, previous question To amend the amendment (2nd rank) No Yes Yes Majority Reconsider To postpone indefi nitely No Yes Yes Majority Limit debate, reconsider, previous question MAIN MOTIONS General motions (the question) No Yes Yes Majority All Specifi c motions: To reconsider Yes Yes Yes Majority Limit debate, previous question, table, postpone indefi nitely To reconsider and enter in minutes Yes Yes No None until called for None To rescind No Yes Yes Two-thirds All To expunge No Yes Yes Two-thirds All To adopt a resolution No Yes Yes Majority All To adjourn (qualifi ed) No Yes Limited Majority All To create orders of the day No Yes Yes Majority (general) All Two-thirds (special) To amend (, etc.) No Yes Yes Two-thirds All INCIDENTAL MOTIONS To suspend rules No Yes No Two-thirds None To withdraw or modify a motion No No No Majority Reconsider To read papers No Yes No Majority Reconsider To object to consideration Yes No No Two-thirds Reconsider the negative vote only To rise to a Yes No No Chairman rules None To rise to a point of information Yes No No None None To rise to parliamentary inquiry Yes No No None None To from the decision of the chair Yes Yes Limited Majority All, except amend To call for a Yes No No Majority None To call for a division of the motion No Yes No Majority Amend 8 9 Commonly Used Motions

KIND OF OBJECT EFFECT MOTION

To lay on the table To clear the fl oor for more Delays action urgent business To call for the To secure immediate vote on Ends debate previous question pending question To limit or exceed To provide more or less time Shortens or lengthens time for debate for discussion discussion period To postpone Oft en gives more time for Delays action defi nitely informal discussion and for (to a certain time) securing support To commit or refer To enable more careful con- Delays action sideration to be given To amend To improve the motion To change the original motion To postpone To prevent a vote on the To suppress the indefi nitely question question To raise a point To call attention to Keeps group function- of order violation of rules ing according to parlia- mentary procedures To appeal the To determine the attitude of Secures ruling of the decision of the the group on the ruling by group rather than by chair the chair the chair To suspend the To permit action not pos- Secures action which rules sible under the rules would otherwise be prevented by the rules To object to the To prevent wasting time on Suppress the motion consideration of a unimportant business question To divide To secure more careful Secures action by parts the question consideration of parts

10 Commonly Used Motions

KIND OF OBJECT EFFECT MOTION

To call for a) To determine the accu- Secures an accurate division racy of a check on the vote b) To secure expression of individual member’s vote To nominate To suggest names for offi ce Places before the group names for consideration To make a request To secure information or ask Provide information to be excused from a duty growing out of pending business To fi x the time to To set the time for another Adjourns the which to adjourn meeting to continue meeting with a time set business to continue business To take a recess To secure an intermission Delays action To raise a question To correct undesirable Corrects undesirable of privilege conditions conditions To call for the order To secure adherence to Same as object of the day order of business To take from the To continue the consider- Same as object table ation of the questions To reconsider To reconsider the Secures further con- question sideration and another vote on the question (Only a member of the prevailing side may make this motion.)

To reconsider and To reconsider the question Secures further con- have entered on the at the next meeting sideration and another minutes vote on the question (Only a member of the prevailing side may make this motion.) To rescind To previous action Same as object To ratify To approve previous Same as object action taken

11 Amendments

How may a motion Th e most important principle to understand in connection with any be amended? form of the motion to amend is that Th e purpose of the motion to amend an amendment “may be hostile, but is to modify a motion that has it must be germane.” already been presented in such a “Hostile” means opposed to the spirit manner that it will be more satisfac- and aim of the motion to which it is tory to the members. applied. . Methods of amending: “Germane” means having direct bearing upon the subject matter of By addition or insertion – To add the motion; that is, relevant, or relat- something to the motion which it ing to it. did not contain. An amendment may be opposed By elimination or by striking out – To to the actual intent of the original subtract or eliminate something motion and, in fact, nullify it, but if it from a motion that was originally a relates to the same subject matter, it part of it. is germane. By striking and inserting – Th is method is a combination of the fi rst How to handle two methods; something is stricken amendments and something inserted in its place. Th e word or words must be together . Types of amendments: and the insertion must also be kept Amendment of the fi rst rank – An together. amendment to a motion. For ex- By substitution – When it is not pos- ample: “I move that the motion (to sible to satisfactorily amend the mo- replace the playground equipment at tion without changing several parts the Oak Street Elementary School) or rewriting the motion entirely, a be amended by adding the phrase new motion may be presented as ‘with wooden material’ aft er the a substitute motion. Debate then word ‘equipment’.” proceeds on the original motion, then on the substitute motion, and then a vote is taken on whether to substitute.

12 Amendment of the second rank – An Order of voting amendment to the amendment. (Th e amendment to the amendment Amendments are voted on in inverse must modify and relate directly to order, that is, the one of second rank the amendment and not to the main is disposed of fi rst. motion, otherwise it is out of order.) 1. Discussion is held and the vote For example: “I move that we amend taken on the amendment to the the amendment by striking ‘wooden’ amendment (amendment of second and inserting ‘cedar wood’.” rank). No amendment beyond that of sec- 2. Discussion is called for and the ond rank is possible. vote is taken on the amendment It is never in order to propose more to the motion (amendment of fi rst than one amendment of each rank at rank). one time. If a board member desires 3. When the vote on this has to amend two separate and unrelated been taken, discussion upon the parts of a motion, this must be done original or main motion as amended by two amendments of the fi rst rank, is opened and, when completed, a and one must be voted on before the vote is taken on the main motion. other is proposed. It is possible, however, to have one amendment to the motion (amend- ment of the fi rst rank), and one amendment to the amendment (amendment of the second rank) before the board at one time. Until the amendment of the second rank has been voted on, no other amendment of the second rank is in order. Until the amendment of the fi rst rank has been voted on, no other amendment of the fi rst rank can be proposed.

13 Nominations and Elections

A is the formal presenta- Voting on nominations: tion to the board of the name of a candidate for the offi ce to be fi lled. a. Aft er the nominations are closed, the board proceeds to Nominations from vote upon the names. the fl oor: b. An election becomes ef- fective immediately, if the a. Nominations do not require candidate is present and a second. does not decline or if he is b. Nominations are in order as absent but has consented to soon as the chairman calls his candidacy. If he is absent for them. and has not consented to c. As a nomination is made, the his nomination, the election chairman repeats it and the becomes eff ective as soon as secretary records it. he is notifi ed, if he does not decline immediately. d. No member may nominate more than one candidate for c. An offi cer assumes the duties each offi ce. of offi ce as soon as he has been elected. e. If there are no further nominations, the chairman Most organizations make specifi c may declare the nominations and detailed provisions for nomi- closed. nating and electing new offi cers in f. A motion to close the nomi- their constitution and bylaws. Th e nations requires a two-thirds provisions ordinarily include such vote. details as time of nomination, time of elections, method of nominating g. Before voting, but following and electing, and time of installation. the formal closing of nomi- nations, nominations may be See ORS 332.040. reopened by a motion, which requires only a majority to carry.

14 Glossary

Agenda – A list of items to be taken members off ering absurd or up at a meeting. frivolous motions or mo- Amend – To change a motion either tions intended, in the chair’s by adding to it, taking from it, or judgment, to delay or obstruct by altering it in some other way. business. (See Amendments, page 12.) c. May restrain speakers within Blanks, fi lling – “Filling blanks” is a the limits of the rules. term used to indicate a method d. May enforce decorum. of decision regarding a matter e. May appoint committees. where several diff erent courses f. May decide points of order. of actions are possible. Th e term Actions of the chair are subject to “blank” is used because usually appeal. this method is applied in mo- Commit – To refer to a committee. tions where an exact amount, – Some- a name, a date, or some other times matters come up that can essential, specifi c information is be best studied and digested in left blank. a committee setting, but that, Chair – Th e chairman. “Addressing because of their importance, the chair” means speaking to should be considered by all the chairman or president. Th is members, and should not be is done by raising one’s hand or referred to a small committee. requesting recognition when no Th en the meeting, on motion one else is speaking (with some duly made, may “resolve itself exceptions) and saying, “Mr. into a committee of the whole.” or Madam Chairman.” Being Th is means that the meeting “recognized by the chair” means offi cially is discontinued while being given permission to speak everyone remains and becomes further. (See How should a mo- a member of a large special tion progress?, page 6.) committee. Th e chairman of the Chair, power of – Th e chairman regular meeting does not preside should vote at all times unless over a committee of the whole; a there is a confl ict of interest. Th e special chair is appointed. chair may comment on a mo- Consideration, informal – When tion under consideration as he a member moves “informal or she desires. consideration,” and the motion Th e chair also has the following is adopted, the meeting lays authority: aside formal rules, allowing each a. May decide in what order person present to speak on the speakers shall be recognized. subject under consideration. b. May refuse to recognize

15 Debate – Discussion on a motion. another motion already under Division – “Division” in parliamen- consideration. Th e board must tary law means simply a vote dispose of the subsidiary motion whereby all who are in favor and before it can act on the motion all who are opposed to a motion to which it applies. Th e purpose stand separately when the chair of a subsidiary motion is to calls for “ayes” and “nays.” assist the board in treating or – Th e privilege of speaking be- disposing of the main motion fore the board. Th us, when one (and sometimes other motions). “obtains the fl oor,” he or she is (See Motions, page 5.) granted an opportunity to speak. Order – When this term is applied Inquiry, parliamentary – An to an act of an assembly, it investigation or checking to means an expression of a will of determine the proper course of the board in the form of a com- procedure. mand. An “order” diff ers from Motion – A formal proposal to a “resolution” in that the latter is a meeting that it take certain not a command, but a declara- action. A motion is a “motion” tion of fact or an expression of when stated by its proponent and opinion or purpose. until repeated by the chairman Order, general – “Making a general when presented for acceptance order” is setting a future time or rejection, at which time it for the discussion of a special becomes a “question,” a “proposi- matter. Making a general order tion,” or a “measure.” (See How diff ers from making a special or- should a motion progress?, page der in that the former does not 6.) allow the suspension of certain Motions, incidental – Incidental rules that would interfere with motions, as a class, deal with its consideration. questions of procedure arising Orders of the day – Regular order or out of another pending motion program of business. A motion or item of business and must be “calling for the orders of the disposed of before the original day” is a motion demanding motion may be proceeded with. that the present discussion be (See Motions, page 5.) dropped and that the chairman Motion, main – A main motion is announce the next matter to be one that independently presents taken in accordance with the an idea for consideration. (See organization’s customary and Motions, page 5.) established business routine. Motion, privileged – A privileged Th e term “orders of the day” has motion is one that is so vital in a more specifi c meaning when a character that it takes pre- certain time has been set aside cedence over all others. (See for the consideration of a given Motions, matter. Th en a demand for the page 5.) “orders of the day” is a request Motions, subsidiary – A subsidiary that this specifi c thing be taken motion is one growing out of up at the time set for it.

16 Order, special – “Making a special Question, division of – To separate order” suspends any rules that a motion so that diff erent parts may interfere with consideration of it may be considered indi- of a question at a future speci- vidually. fi ed time. Refer – To refer to a committee. Postponement, indefi nite – Th is Resolution – Th e act of a board, the term is clear except that the ob- purpose of which is to declare ject of indefi nite postponement facts or express opinions or pur- is not merely to postpone, but, poses, and not to command. in eff ect, to reject. Rules, suspension of – When the . Previous question – To board wishes to do something “move the previous question” that cannot be done without is to demand that the chair- violating its own rules, but man take a vote on a motion that is not in confl ict with its being discussed, thereby end- constitution or bylaws or with the fundamental principles of ing debate on that motion. parliamentary law, it suspends Privilege – Th e term “privilege” the rules that interfere with the in parliamentary law refers proposed action. specifi cally to the privileges or Second – A motion, in order to be rights of the meeting or those considered by the meeting, must attending chiefl y in connec- have a “second,” i.e., a sponsor tion with matters of physical in the form of a second member comfort such as inability to who indicates a wish to discuss hear a speaker; the heating, the motion by saying, “I second lighting and ventilation of the the motion.” (See Motions, page meeting room; noises and other 5.) disturbances; or the ineligibil- Table – Th e “table” in parliamen- ity or misconduct of a member tary law is literally the speaker’s in a meeting at the time. Th ese table, but to “lay on the table” “questions of privilege” should or “to table” a motion means to not be confused with “privileged motions.” Questions of privilege delay action on it. may be involved in motions, but privileged motions include other matters. Question – Th e question in parlia- mentary law is the proposition or motion aft er it has been placed before the meeting for action by the chairman. A “question,” when adopted, becomes an “order,” “resolution,” or “vote.” (See Motions, page 5.)

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