UIL Capital Conference Presented by AT&T Conference Center Kirk Overbey, PRP June 30, 2015 [email protected] ° Kirk Overbey: ° Professional Registered Parliamentarian ° Parliamentarian, Texas State Board of Education ° Former President, Texas State Association of Parliamentarians ° Masters degrees in engineering and business ° Judge for Parliamentary Team Competitions ▪ FBLA, FCCLA, HOSA & SkillsUSA ▪ State and national level 2 } National Assoc. of Parliamentarians } organized in 1930 } Promotes the Study and Teaching of the Principles of Parliamentary Law } Credentialing: Registered Parliamentarian and Professional Registered Parliamentarian } Texas State Assoc. of Parliamentarians } organized in 1955 } Local Units } Austin, Beaumont, Dallas, Ft. Worth, Galveston, Houston, San Antonio, and Tyler 3 4 ° Parliamentary Procedure, as we use it today, is of English origin ° The term derives from the English Parliament ° Saxon invasions during 5th and 6th century introduced a democratic style of government at the village level ° The Norman Conquest of 1066 eventually had to recognize the strong English traditions 5 ° Magna Carta, 1215 ° The king cannot levy a tax without permission of the barons ° No other European king had this restriction ° By the 1400s . ° Parliament would not levy a tax, until it had aired its grievances before the king ° Grievances evolved into legislation (agreements with the king) ° “Grievance before Supply” was the method 6 ° Each American colony practiced it ° First in the Virginia House of Burgesses, 1619 ° Then in Plymouth town meetings, 1621 ° And for the next 150 years ° Colonists viewed themselves as Englishmen with all the rights of Englishmen ° Continental Congress used the same procedure as the House of Commons from 1775 to 1789 7 ° Thomas Jefferson ° writes first American parliamentary manual, 1801 ° Luther Cushing ° writes first manual for ordinary assemblies, 1844 ° Writes first manual for state legislatures, 1856 ° Henry M. Robert ° Henry Robert writes definitive manual, 1876 ° 11th edition is the current one, published in 2011 8 ° Alexis de Tocqueville ° Visited United States in 1831-33 ° Wrote a book: “Democracy In America” ° Associations are the real source of democracy in America ▪ Protestant churches ▪ Trade associations ▪ Political associations ▪ Professional associations ▪ Hobbies and interests, etc. 9 House of Commons 18th century House of Commons Jefferson’s Manual current U.S. House of Cushing’s Legislative U.S. Senate Cushing’s Manual Representatives Manual Mason’s Manual of Robert’s Rules of Legislative Procedure Order Newly Revised Ordinary Assemblies State Legislatures 10 The chair recognizes Billy Armbruster’s mother . 11 1. Only one matter of business to be considered at a time ° Only one main motion but higher ranking motions can be pending 2. The majority rules but the following also have rights: ° Individual make motions, debate, and vote ° Minority greater than one third hence 2/3 vote for some motions ° Absentees notification of meetings & certain motions 3. There must be free and impartial debate in a reasonable amount of time 4. Equal justice to all members from others and the Chair 5. Courtesy to and from others at all times 6. Meetings are to be conducted as efficiently as possible 7. The Society has the right to protect itself from unruly, obnoxious members 12 ° Respect the Pending Business ° Confine remarks to the merits of the pending question ° Do not speak adversely on a prior action not pending ° Refrain from speaking against one’s own motion ° Respect Members ° Refrain from attacking member’s motives ° Avoid using member’s names ° Reading of reports, quotations, etc. only allowed by unanimous consent ° Respect the Chair ° Address all remarks through the chair ° Take your seat when interrupted by the chair ° Refrain from disturbing the assembly 13 . And two opposed! 14 ° Business is conducted through Motions ° Without a motion, no discussion ° But in committees, there can be some leeway ° There are 8 steps in handling a motion: ° 2 steps to Obtain the Floor ° 3 steps to Introduce the Motion ° 3 steps to Consider the Motion 15 ° Main motions: ° That House Bill 340 be approved on second reading. ° That House Resolution 1613 be adopted. ° To discharge House Bill 347 from the Committee on Agriculture. ° Secondary motions: ° Refer House Bill 340 to a special committee of three to be appointed by the president, and to report its recommendation at the next meeting. ° Amend by striking out “June 30” and inserting “July 28.” ° Recess for 15 minutes. 16 1) Member rises and addresses the chair 2) Chair recognizes member 3) Member moves the motion 4) Another member seconds it 5) Chair states the question on the motion 6) Members debate 7) Chair puts the question to a vote 8) Chair announces the result 17 ° A member rises when no one else has the floor and addresses the chair as: “Madam President” (or other proper title) 1. In a large assembly, the member gives his name or identification 2. The member remains standing and awaits recognition by the chair ° The chair recognizes the member by announcing his name or title (or in a small assembly by nodding) 18 1. Member makes the motion: “I move that . .” or “I move the following . .” and resumes her seat 2. Another member, without rising, seconds: “I second the motion” or “Second!” 3. Chair states the question on the motion: “It is moved and seconded that . Are you ready for the question?” Silence means ‘no more debate, we want to vote’ 19 ° Member: Mr/Madam Chair ° Chair: The member is recognized ° Member: I move to amend the bill by striking out “June 30” and inserting “July 28.” ° Anyone: Second! ° Chair: It is moved and seconded to amend the bill by striking out “June 30” and inserting “July 28.” Are you ready for the question? 20 1. Members can debate the motion (if debatable) ° Before debating, members obtain the floor ° The maker has the right to speak first ° All remarks are addressed to the Chair ° Debate must be confined to merits of the motion (germaneness) 21 ° Chair: The question is on the motion refer House Bill 340 to a special committee of three to be appointed by the president, and to report its recommendation at the next meeting. Are you ready for the question? ° Member: Mr/Madam Chair! ° Chair: The member is recognized. ° Member: I rise to speak in favor of the motion. or I rise to speak in opposition to the motion. Another member seeks recognition, etc. 22 2. Chair puts the question (puts it to a vote) ° “Are you ready for the question?” (if no one rises to claim floor, the chair proceeds to put the question) ° “The question is on the adoption of the motion that ...” or “The question is on the adoption of the following resolution …” ° “Those in favor of the motion, say Aye” (pause) ° “Those opposed, say No” (pause) 23 3. Chair announces the result of the vote ° Which side prevailed: “The ayes have it” or “The noes have it” ° Declare the result: “The motion is adopted” or “The motion is lost” ° If adopted, state the effect of the vote: “And House Bill 340 is approved on second reading” or “The amendment recommended by the committee is adopted.” ° Announce the next item of business 24 ° Majority means “more than half” ° not 51 percent ?? large numbers over 200 ° not one half plus one ?? rounding error with odd numbers ° Majority vote means “more than half of those present and voting” ° Blanks and abstentions are ignored because they are not a vote ° Two-thirds vote means “two-thirds of those present and voting” 25 ° Unanimous Consent means “no one objects” ° Can be used to take any vote ° Best used for routine motions, such as approval of minutes and adjourning ° Roll Call vote means that each member must publicly announce their vote ° The results are included in the minutes 26 ° Chair: Are you ready for the question? (pause) ° Chair: The question is on the motion that House Bill 340 be approved on second reading ° Chair: Those in favor say Aye (pause) Those opposed say No (pause) ° Chair: The ayes have it and House Bill 340 is approved on second reading ° Chair: The next item of business is . 27 Motion Sickness A common disorder brought on by parliamentary procedure - Johnny Hart, B.C. BY 28 1. Main – introduce a new topic Lay on the Table is to be used rarely! 2. Subsidiary – help dispose of the topic Postpone Indefinitely, Amend, Commit, Postpone to a Certain Time, Limit Debate, Previous Question, Lay on the Table 3. Privileged – immediate and overriding importance Call for Orders of the Day, Raise Question of Privilege, Recess, Adjourn, Fix Time to Which to Adjourn 4. Incidental – relate to business at hand Point of Order, Appeal, Divide the Question, Division of Assembly, Request for information, Parliamentary Inquiry, etc. 5. Bring Again – motions disposed of can be brought back Reconsider, Discharge a committee, Take from the Table, Rescind/Amend something previously adopted (majority with notice) 29 If a high ranking HIGH motion is pending, Fix the Time to Which to Adjourn a lower ranking Adjourn Recess Privileged motion is not Motions Raise a Question of Privilege in order Call for the Orders of the Day In Order In Lay on the Table Pending Previous Question Limit or Extend Limits of Debate Subsidiary Not in Order Postpone to a Certain Time Motions Commit (or Refer) Amend Postpone Indefinitely Main Motion LOW 30 ° Three forms of amendment: 1. Insert words or Add words 2. Strike Out words 3. Strike Out and Insert words; or Substitute Precise wording is needed to prevent confusion, otherwise changes are