Parliamentary Guide for the CDA House

GUIDE TO MOTIONS C O N T E N T S Order of Precedence Introduction

Classification of Motions Privileged Motions Main Motions Subsidiary Motions (Amendments) 1. Adjourn No R R M Privileged Motions 2. No R R M Incidental Motions 3. Question of privilege Yes No No N/A Precedence Subsidiary Motions

4. Close debate No No No 2/3 Amendments to Resolutions 5. Limit debate No R R 2/3 6. Postpone to a certain time No R R M Reference 7. Refer to No R R M Procedure at a Meeting 8. No Yes Yes M Proposals Main Motions Flow of Debate 9a. The main motion No Yes Yes M Conduct During Debate 9b. Restorative main motions No Yes Yes M Rules Governing Motions Amend a previous action No Yes Yes M Order of Precedence Ratify Yes R No M Debate of Motions Reconsider Rescind No Yes No M Glossary of Parliamentary Terms Resume consideration No No No M Incidental Motions Yes Yes No M

Suspend rules No No No 2/3 Consider informally No No No M Requests Yes No No N/A Parliamentary inquiry Yes No No N/A Withdraw a motion Yes No No N/A Division of question No No No N/A Acknowledgments: CDA’s is the Division of assembly Yes No No N/A American Institute of Parliamentarians Standard Code of (AIP Standard Code). Copyright R = Restricted M = 2012 by the McGraw-Hill Companies Inc INTRODUCTION The purpose of parliamentary procedure is to facilitate the orderly transaction of business while protecting the rights of members of an organization through well-defined procedural rules that observe the law. Knowledge of the fundamental principles of parliamentary procedure allows one to effectively participate in discussions and decision- making in groups such as the CDA House of Delegates (house). The AIP Standard Code was adopted as CDA’s authority on all procedural questions not covered by state law, bylaws or other adopted rules. If there is a conflict between sources, the law, then bylaws and rules of the organization prevail. The basic principles of parliamentary law are: 1. Right of Association – Members have the right to associate with others to pursue common interests by agreeing to a set of bylaws and other governing documents. 2. Right of Assembly – Members have a right to meet to promote their common interest. 3. Equality of Rights – Members have equal privileges, obligations and rights. 4. Majority Decision – The decision of the majority is the primary objective of parliamentary procedure. 5. Minority Rights – Members who are in the minority are entitled to the same considerations and respect as members who are in the majority. 6. Right of Discussion – Every member has the right to full, uninterrupted discussion of every proposal properly placed before the group. The right to speak is as important as the right to vote. 7. Right to Information – Every member has the right to know the meaning, intent and effect of every proposal placed before the group for decision. 8. Fairness and Good Faith – All meetings must be characterized fair and in good faith. Two basic rules have been developed to ensure that the most direct procedure for accomplishing a purpose is observed. First, motions have a definite order of precedence. Second, only one motion may be considered at a time. The rules of parliamentary procedure are to expedite business, avoid confusion and protect the rights of members.

CLASSIFICATION OF MOTIONS Main Motions The purpose of a main motion or resolution is to bring a substantive proposal before the assembly for consideration. When the motion is made, it becomes the subject for deliberation and decision. No seconding of a motion is required. Subsidiary Motions (Amendments) A subsidiary motion, such as an amendment, affects the main motion or resolution in some manner, either by changing it by amendment or by changing its normal progress toward a decision. If a delegate wishes to propose a subsidiary motion, the delegate should approach a microphone, identify themselves and clearly state the motion by saying, “I move that .... ” The will then restate the subsidiary motion to the assembly and invite debate, which is carried out in the same manner as the main motion or resolution. The subsidiary motion is first debated and then voted upon, unless a delegate proposes another subsidiary motion of a higher precedence. When a motion of higher precedence is made (such as to end debate), discussion on the subsidiary motion will terminate and debate will ensue on the motion of higher precedence until a vote is taken. When the motion of higher precedence is resolved, discussion will return to the previous unresolved motion, then to the main motion before the house. Privileged Motions Privileged motions are “emergency” motions that relate to the members, the organization and the meeting with no direct connection with the main motion. The three privileged motions include question of privilege, recess and . They are entitled to immediate consideration ahead of other motions that are before the assembly. Incidental Motions Incidental motions arise out of the pending business being discussed. They must be decided as soon as they arise. Examples of incidental motions are: point of order, point of information, parliamentary inquiry, , division of assembly, withdrawal of a motion and appeal the decision of the chair. An incidental motion may interrupt business and sometimes interrupt the speaker to present the motion. Incidental motions are not debatable, as they are requests. As a general rule, these motions are questions. In the house, the delegate should use a priority microphone, which is provided for the purpose of the delegate to interrupt the speaker and present their incidental motion or question. This privilege should not be abused. Motion to Appeal: The purpose of the motion to appeal is to enable a member, who believes that the speaker is mistaken or unfair in a ruling, to have the assembly decide by vote whether the speaker’s decision should be upheld or overruled. An appeal is permissible only immediately after the speaker’s decision has been rendered. The motion is debatable but cannot be amended. It requires a negative majority vote to overrule the chair. Motion to Suspend Rules: The purpose of the motion to suspend the rules is to permit an assembly to take some action that otherwise would be prevented by a procedural rule or a program already adopted. Bylaws cannot be suspended nor can basic rules of parliamentary law such as those governing notice, or vote requirements. Point of Order: The purpose of calling for a point of order is to call to the attention of the speaker that a violation of rules or an error in procedure has occurred and to secure a ruling from the speaker on the question raised. This motion is not debatable, as it is a request and is decided by the speaker. Parliamentary Inquiry: The purpose of requesting parliamentary inquiry is to ask the speaker a question relating to procedure in connection with the pending motion or to request information on the meaning or effect of the pending question. Parliamentary inquiry is a request of the speaker and is not debatable. Withdrawal of a Motion: The purpose of requesting to withdraw a motion is to remove it from consideration by the assembly. Any motion can be withdrawn. Before a motion has been stated by the speaker (before it is moved by the reference committee on consent or is moved before the house), the delegate who proposed the motion may withdraw it without the assembly’s permission. From a practical perspective, this should be done by making the request to the speaker before the house deliberations session begins. After a motion has been stated to the assembly by the speaker (discussion on the motion is opened), it becomes the property of that body and may be withdrawn only if no objection is raised. This motion is not debatable. Division of a Question: The purpose of the request to divide a question is to divide a motion (that is composed of two or more independent parts) into individual motions that may be considered and voted on separately. If the speaker agrees that the motion contains more than one independent proposition, it is considered as two or more separate motions. If the speaker feels that the motion is not divisible and denies the request, a delegate has the right to disagree. The delegate may make a motion to divide the question, specifying how it would be divided. Delegates would then decide by vote whether to divide the question. Division of Assembly: The purpose of the motion “division of assembly” is to verify a vote that required the voters to rise and be counted but resulted in an unclear result – usually as the result of a voice or card vote. Any delegate may call for a division as soon as a motion has been put to a vote and even before the vote is announced. The effect is to require the speaker to take a counted vote (versus visual or vocal approximation) on the motion before the assembly. This motion is not debatable, requires no vote and is a directive to the speaker. This motion is not germane to an electronic vote, as an electronic vote is a type of counted voting. Precedence The main motion or resolution has the lowest precedence. This means that it begins discussion and other motions build on, change or are otherwise applied to it in some way. When a motion is proposed, another motion may be proposed for debate and discussion only if it is of a higher precedence. For instance, if a motion to amend a resolution has been proposed, a motion could be made during debate to refer the resolution to a committee. This is in order because the motion to refer has a higher precedence than the motion to amend. This is logical in that the referral takes the full issue and discussion and puts it in the hands of another group to consider – therefore, the house does not need to further refine the motion. However, if there is a motion to refer a resolution to a committee, it would not be in order to make a motion to amend the main motion/resolution. Logically, if the house adopts a motion, there is no need to have another group work on it more. The motion to refer has a higher precedence than the motion to amend. Examples of subsidiary motions, in the order of lowest to highest precedence, are as follows: amend, refer, postpone definitely (to a specific time), limit debate and close debate. Motion to Amend: The purpose of an amendment is to change a pending motion. A motion may be amended by addition, deletion, deletion and addition, or substitution (essentially a large edit or rewrite). Example: “Dr. Miller, delegate, I move to amend the motion by addition of the words ‘to elementary schools’ after the words ‘promote oral health.’” Once an amendment is offered, discussion and debate are restricted to the amendment itself and not to the main motion. An amendment requires only a majority vote even when the main motion to which it is applied requires a higher vote. All other subsidiary motions can be applied to the motion to amend during debate since they are all of a higher precedence. The motion to amend (a primary amendment) may be amended by a secondary amendment. Alternately, an amendment may be first adopted and then the amended language further refined through an additional amendment. There are no tertiary amendments. Motion to Refer: The motion to refer to a committee or another entity may be needed when a motion is poorly written, requires more facts, is too vague or should include other considerations. The motion to refer may include specific instructions as to where the motion pending should be referred, to what entity and when a report is expected. Example: “Dr. Brooks, delegate, I move to refer the resolution to the Judicial Council with a report back to the next house.” Debate on the motion to refer is restricted to discussion of the merits of referring the motion and to what entity. This means that debate on the main motion is not in order until the motion to refer is voted upon. Subsidiary motions of a higher precedence may be proposed during debate on the motion to refer, but not of a lower precedence. The only motions that are in order during a decision on whether to refer are to postpone definitely, limit debate and close debate. It is amendable, but only as to the selection, membership and instructions to the committee receiving the referral. Motion to Postpone Definitely or To a Certain Time: The purpose of the motion to postpone is to put off consideration of a pending main motion until a definite time for its consideration. This may be done to provide time for information that could affect the outcome of the resolution. The motion to postpone cannot be used to postpone a motion to a later meeting, as the next meeting could be comprised of different delegates and they should not be required to deal with wording or amendments developed by a body that no longer exists. Example: “Dr. Garcia, delegate, I move to postpone definitely the resolution until after the president’s report.” The motion to “postpone definitely” can be amended only as to the time of postponement. Debate on this motion is restricted to a brief discussion on the reasons for, or time of, postponement. The only subsidiary motions that may be offered when this motion is presented are the motions to limit debate and to close debate, as they have a higher precedence. Thus, when a motion to postpone definitely has been made, one could not move to refer the motion, as the motion to refer has a lower precedence than the motion to postpone definitely. Motion to Limit Debate: The purpose of the motion to limit debate is to establish the time that will be devoted to discussion of a pending motion – by issue or by speaker. Example: “I move to limit the time allotted each speaker on this question to one minute.” The motion to limit debate on a pending motion may relate to the length of time allotted each speaker, the total time allotted for the discussion of the motion, the number of speakers who may participate or a combination of these. As the motion to limit debate affects the basic right of all members to debate a motion fully, it requires a two-thirds vote in the affirmative to pass. This may be obtained by the speaker if proposed and upon hearing no objection. The motion may be amended as to the time and number of speakers. Debate on the motion is restricted to a discussion of the time and type of limitation on debate. The only subsidiary motion that has a higher precedence and is therefore moved when this motion is pending is the motion to close debate. A reference committee hearing is not a decision-making session of the house nor is testimony the same as debate at the house. Therefore, in order to ensure enough time for all resolutions and members to provide testimony on any resolution of interest, this is common practice during the reference committee hearings. Motion to Close Debate (Vote Immediately): The purpose of the motion to close debate is to stop or prevent discussion on the pending question and to bring the pending question to an immediate vote. A delegate making this motion may not have provided any additional testimony or commentary. Example: “Dr. Jones, delegate, I move to close debate and vote immediately on the motion.” The motion to close debate is not debatable and requires a two-thirds vote in the majority to pass, as it affects the rights of members to a full debate. The motion to close debate has the highest precedence and no other subsidiary motion can be made while this motion is pending. The speaker may obtain a two-thirds vote required in instances in which the motion to close debate is made by the last delegate at a microphone, through the consent of the house.

AMENDMENTS TO RESOLUTIONS An amendment to a resolution must be relevant to the subject of the original motion but may differ completely from the original motion in wording, purpose and effect. It may be moved when the motion is before the assembly for debate. An amendment cannot be proposed when a motion of a higher precedence is pending. Example: “Dr. Geisel, delegate, I move to amend Resolution 24 (staff please bring up amendment 2) by revising the second resolving clause to include a report deadline of 2025.” The speaker now asks for debate on the motion to amend. Debate occurs on whether the delegates wish to amend Resolution 24 to add the report deadline. If the delegates vote in favor of adding a report deadline, the deadline becomes part of the main motion. Then, another motion to amend could be made to change the date of the report deadline or the main motion could be debated and voted upon. If the delegates do not vote in favor of the amendment, then the original resolution remains before the house for debate.

REFERENCE COMMITTEES It is the duty of a reference committee to evaluate all resolutions and reports received, conduct open hearings on the merits of the resolutions and report its recommendations to the house. The recommendations are made with the best interests of the public, the association and the dental profession in mind and may not be solely reflective of the testimony provided. The motions (resolutions) referred to the reference committees are presented at the business meeting of the house by the reference committee chairs. Considering the testimony, the committee receives during the reference committee hearing, the reference committee chair presents the resolution to the house with the reference committee’s recommended course of action, which may be to adopt, not adopt, ratify, reconsider, rescind, refer or amend. Example: “On resolution 4, the chair moves to amend the resolution as note on the reference committee report.” The speaker will ask for discussion on the motion to amend. The amendment is first debated and then voted upon. If the amendment fails, the original motion is before the house for consideration. If the amendment is adopted, the new motion (original plus adopted amendments) is up for further debate and voted upon.

PROCEDURE AT A MEETING Proposals Business to be taken up at a meeting is submitted in the form of a resolution. Proposals that require approval of the delegates are identified as resolutions. Other proposals needing only the speaker’s approval are identified as requests. Motions are presented to the assembly, discussed, possibly modified and then acted upon by the vote of the delegates. It is the custom of the house that business submitted for consideration, except for items received late (new business) or taken in closed session, is referred to reference committees so that initial testimony can be received. The actual discussion of the resolution – the debate among the delegates – is facilitated by the speaker during a session of the house. All members have the right to testify before a reference committee and express their opinion on a proposed resolution. After listening to the testimony, the reference committee meets in closed session to bring recommendations on each resolution forwarded to the house. Flow of Debate Following the presentation of a resolution by the reference committee chair, the resolution is before the delegates for debate. Example: “On behalf of the reference committee, the chair recommends a yes vote on resolution 8.” After debate is opened on a resolution (main motion), any subsidiary motion may be applied. Subsidiary motions must be considered in the precedence of order as outlined in AIP Standard Code, our adopted parliamentary authority. Example: “Dr. Patel, delegate, I move to amend resolution 8 (please post amendment 1) to increase the frequency of the allocation to 12 years.” The speaker will ask for discussion on the motion to amend. The amendment is first debated and then voted upon. In some cases, a delegate may propose another subsidiary motion (an amendment) to the primary subsidiary motion known as a secondary amendment.  If the secondary amendment is adopted, the previous motion is superseded: The language of the original primary amendment changes and the house debates the newly written amendment.  If the motion of higher precedence is not adopted, discussion will return to the previous motion (the primary amendment) before the house to be debated and then voted upon. Conduct During Debate When wishing to participate in debate on a motion or resolution, the member of the house should:  Proceed to a microphone and wait to speak until recognized by the speaker in sequential order.  Upon recognition, the member should state his or her name and any position held, such as delegate or chair of a council or committee. This is important for recognition in the record of the house.  Speak to the motion succinctly, stating clearly if he or she is for or opposed to the resolution or wishes to propose another course of action (such as amend, refer or postpone the discussion to another time). If no subsidiary motions are proposed, the speaker will call for a vote on the motion when there are no longer delegates wishing to speak to it. The motion will be approved or not approved by a majority of the delegates voting, unless the rules call for a vote different than a simple majority. Votes to amend the bylaws, and some subsidiary motions, require a two-thirds vote to pass.

RULES GOVERNING MOTIONS

Order of Precedence* All motions require a simple majority vote to Close debate pass except the following motions, which require a two-thirds majority vote to pass: Limit debate Limit debate Postpone to a specific time Close debate Refer Amendments to bylaws Amend Suspend rules of the house Main Motion Assessments

*No motion of a lower precedence can be moved when a motion of higher precedence is pending.

Debate of Motions All motions are debatable except the motion to close debate, for which no discussion will be accepted. Debate on most subsidiary motions is restricted to the reasons for the motion that has been presented (to refer, to limit debate, to postpone definitely). Incidental motions (point of order, parliamentary inquiry, withdrawal of a motion, division of a question, etc.) are requests and are decided by the speaker, therefore, no vote or debate is allowed. GLOSSARY OF PARLIAMENTARY TERMS

Amendment to a Resolution: A change to a motion or Privileged Motion: A motion not related to the pending resolution providing an alternative to the original motion. business, but of such urgency that it is allowed to interrupt pending business. Usually decided without discussion. Close Debate: A motion that ends discussion and requires an immediate vote. Quorum: A majority of the voting members of any volunteer group. Closed Session: Any meeting or portion of a meeting with limited attendance in order to consider a confidential matter. Recognition: Formal acknowledgment by the speaker of a particular member giving that member the sole right to Consent : A section of the agenda that includes routine speak. matters that are expected to be approved without discussion and without dissent. Reference Committee: Five members of the house appointed by the president, in consultation with the Credential: An admission card issued to an individual with a speaker, who recommend to the house an appropriate relevant de facto authority. course of action on all matters that have been placed Division of the Assembly: A standing vote. before it based on all available information and advice and by making its decision in the best interests of the Division of the Question: Separation of a motion into two or association, the dental profession and the public. more parts to be discussed and voted upon independently. Ex Officio: A member of a committee or board by reason of Rescind: To a motion that has been passed. holding another office. May vote unless specifically excluded. Resolution: A formal motion, introduced by the word “resolved, that” is presented to an assembly for decision. Main Motion: A motion that brings business before the assembly. Restricted Debate: Debate in which discussion is Majority Vote: More than half of the number of legal votes cast. restricted to a few specified points. Motion: A proposal submitted to an assembly for its consideration Seriatim: Consideration by sections or paragraphs. and decision (resolution). Speaker’s Liaison: A member appointed to help Out of Order: Not correct, from a parliamentary standpoint. conduct an election and help count the votes. Parliamentary Authority: A written set of principles and Tie Vote: A vote in which there are equal affirmative specific procedural rules that can be adopted by motion or stated and negative votes. A motion receiving a tie vote is lost, in bylaws that determine the rules to be followed in all meetings of since a majority vote is required to take action. the organization. Unfinished Business: Any business that is postponed Pending Question: Any motion that has been proposed for to the next meeting or that was pending and interrupted consideration and is awaiting decision by vote. by adjournment of the previous meeting. Point of Order: The raising of a question as to the propriety of Vote Immediately: An alternative term for the motion some action taken by the chair or by a member. to close debate. Precedence: The rank or priority governing the proposal, consideration and disposal of motions.