Points of Order, Rulings, and Appeals in the Senate
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Appeal/Grievance Process – Member Appeals Committee Responsible Party: T
_________________________________________ APPROVAL as appropriate: Board _________ Exec Dir _________ Med Dir _________ Other Dir/Mgr _________ _________________________________________ REVIEWED BY LEGAL COUNSEL Yes ___ No ___ Date: x Name: x __________________________________________ POLICY STATUS: _x__ Approved ___Pending Policy and Procedure Title: Appeal/Grievance Process – Member Appeals Committee Responsible Party: T. Rumler/S. Sinnett Div/Dept/Serv Area: Member Services Volume: III Number: INS.MS.001 Date of Issue: 6/93 Page 1 of 8 Formerly A2a.015 (7/08)/MS.001 (4/12) NCQA UM 8 A PURPOSE: The purpose of this policy is: 1. To document the role of the Member Appeals Committee in the grievance process of Group Health Cooperative of South Central Wisconsin (GHC-SCW). 2. To document the policies and procedures for thorough, appropriate and timely registering and resolution of member appeals. DEFINITIONS: 1. Adverse Determination means an adverse benefit determination [as defined in 29 CFR 2560.503-1], as well as any rescission of coverage, as described in § 147.128 (whether or not, in connection with the rescission, there is an adverse effect on any particular benefit at that time). 2. Appeal/Grievance means a request for GHC-SCW to review an Adverse Determination. 3. Post-Service Appeal means a request to change an Adverse Determination for care or services that have already been received by the member. 4. Pre-Service Appeal is a request to change an Adverse Determination for care or service that GHC-SCW must approve, in whole or in part, in advance of the member obtaining care or services. POLICY: 1. The Member Appeals Committee is the adjudicating body for GHC-SCW’s grievance process. -
Proxy Voting Guidelines Benchmark Policy Recommendations TITLE
UNITED STATES Proxy Voting Guidelines Benchmark Policy Recommendations TITLE Effective for Meetings on or after February 1, 2021 Published November 19, 2020 ISS GOVERNANCE .COM © 2020 | Institutional Shareholder Services and/or its affiliates UNITED STATES PROXY VOTING GUIDELINES TABLE OF CONTENTS Coverage ................................................................................................................................................................ 7 1. Board of Directors ......................................................................................................................................... 8 Voting on Director Nominees in Uncontested Elections ........................................................................................... 8 Independence ....................................................................................................................................................... 8 ISS Classification of Directors – U.S. ................................................................................................................. 9 Composition ........................................................................................................................................................ 11 Responsiveness ................................................................................................................................................... 12 Accountability .................................................................................................................................................... -
Expulsion and Censure Actions Taken by the Full Senate Against Members
Order Code 93-875 Expulsion and Censure Actions Taken by the Full Senate Against Members Updated November 12, 2008 Jack Maskell Legislative Attorney American Law Division Expulsion and Censure Actions Taken by the Full Senate Against Members Summary The authority of the United States Senate (as well as of the House) to establish the rules for its own proceedings, to “punish” its Members for misconduct, and to expel a Member by a vote of two-thirds of Members present and voting, is provided in the Constitution at Article I, Section 5, clause 2. This express grant of authority for the Senate to expel a Senator is, on its face, unlimited — save for the requirement of a two-thirds majority. In the context of what the Supreme Court has characterized as, in effect, an “unbridled discretion” of the body, expulsions in the Senate, as well as the House, have historically been reserved for cases of the most serious misconduct: disloyalty to the government or abuses of one’s official position. The Senate has actually expelled only 15 Members — 14 of those during the Civil War period for disloyalty to the Union (one of these expulsions was subsequently revoked by the Senate), and the other Senator during the late 1700s for disloyal conduct. The House of Representatives has expelled only five Members in its history, three during the Civil War period, one in 1980, and another in 2002, after convictions for bribery and corruption offenses related to official congressional duties. In the Senate, as well as in the House, however, other Members for whom expulsion was recommended have resigned from office prior to official, formal action by the institution. -
1 Certified for Publication in the Court Of
Filed 8/17/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY AND COUNTY OF SAN A160659 FRANCISCO, Plaintiff and Respondent, (City & County of San Francisco Super. Ct. No. CGC-18-569987) v. ALL PERSONS INTERESTED IN ORDER MODIFYING OPINION; THE MATTER OF PROPOSITION AND ORDER DENYING G (NOWAK), PETITION FOR REHEARING Defendants and Appellants. [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on July 26, 2021, be modified in the following particulars: 1. On page 4, line 17, the sentence beginning “By mid-November 2017” is deleted and replaced with the following sentence: By Autumn 2017, the District and Union were considering whether the parcel tax could be proposed as a citizens’ initiative. 2. On page 24, lines 3 and 4, the clause “Without disputing that Proposition G met the criteria set forth in the Charter” is deleted and replaced with the following clause: Without disputing that Proposition G met the criteria set forth in Section 14.101 of the Charter . Pollak, P.J., Tucher, J. and Brown, J. participated in the decision. 1 These modifications do not effect a change in the judgment. Appellant’s petition for rehearing is denied. Dated:___________________ _______________________ P.J. 2 Trial Court: City & County of San Francisco Superior Court Trial Judge: Hon. Ethan P. Schulman Counsel for Appellants: Greenberg Traurig: Bradley R. Marsh and Colin W. Fraser Counsel for Amicus Curiae Howard Jarvis Taxpayers Foundation; on behalf of Appellants: Jonathan M. Coupal, Timothy A. -
Absolute Voting Rules Adrian Vermeule
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 Absolute Voting Rules Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adrian Vermeule, "Absolute Voting Rules" (John M. Olin Program in Law and Economics Working Paper No. 257, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 257 (2D SERIES) Absolute Voting Rules Adrian Vermeule THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=791724 Absolute Voting Rules Adrian Vermeule* The theory of voting rules developed in law, political science, and economics typically compares simple majority rule with alternatives, such as various types of supermajority rules1 and submajority rules.2 There is another critical dimension to these questions, however. Consider the following puzzles: $ In the United States Congress, the votes of a majority of those present and voting are necessary to approve a law.3 In the legislatures of California and Minnesota,4 however, the votes of a majority of all elected members are required. -
A Guide to Parliamentary Procedure for New York City Community Boards
CITY OF NEW YORK MICHAEL R. BLOOMBERG, MAYOR A GUIDE TO PARLIAMENTARY PROCEDURE FOR NEW YORK CITY COMMUNITY BOARDS Mayor's Community Assistance Unit Patrick J. Brennan, Commissioner r. 2003/6.16.2006 Page 2 A Guide to Parliamentary Procedure for NYC Community Boards Mayor's Community Assistance Unit INTRODUCTION "The holding of assemblies of the elders, fighting men, or people of a tribe, community, or city to make decisions or render opinion on important matters is doubtless a custom older than history," notes Robert's Rules of Order, Newly Revised. This led to the need for rules of procedures to organize those assemblies. Throughout history, the writers of parliamentary procedure recognized that a membership meeting should be a place where different people of a community gather to debate openly and resolve issues of common concerns, the importance of conducting meetings in a democratic manner, and the need to protect the rights of individuals, groups, and the entire assembly. Parliamentary procedure originally referred to the customs and rules used by the English Parliament to conduct its meetings and to dispose of its issues. Some of the unusual terms used today attest to that connection -- such terms as "Lay On The Table" or "I Call The Previous Question." In America, General Henry Martyn Robert (1837-1923), a U.S. Army engineering officer was active in civic and educational works and church organizations. After presiding over a meeting, he wrote "But with the plunge went the determination that I would never attend another meeting until I knew something of... parliamentary law." After many years of study and work, the first edition of Robert's manual was published on February 19, 1876 under the title, Robert's Rules of Order. -
Texas Rules of Appellate Procedure
TEXAS RULES OF APPELLATE PROCEDURE Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of Rules; Local Rules of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel 1.1. Scope. 6.1. Lead Counsel 1.2. Local Rules (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. 6.2. Appearance of Other Attorneys Rule 2. Suspension of Rules 6.3. To Whom Communications Sent Rule 3. Definitions; Uniform Terminology 6.4. Nonrepresentation Notice 3.1. Definitions (a) In General. (b) Appointed Counsel. 3.2. Uniform Terminology in Criminal Cases 6.5. Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. 4.1. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. 6.6. Agreements of Parties or Counsel 4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties in Civil Case (a) Additional Time to File Documents. 7.1. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) Procedure to Gain Additional Time. (2) Criminal Cases. (c) The Court’s Order. (b) Substitution for Other Reasons. 4.3. Periods Affected by Modified 7.2. Public Officers Judgment in Civil Case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. -
Points of Order; Parliamentary Inquiries
Points of Order; Parliamentary Inquiries A. POINTS OF ORDER § 1. In General; Form § 2. Role of the Chair § 3. Reserving Points of Order § 4. Time to Raise Points of Order § 5. Ð Against Bills and Resolutions § 6. Ð Against Amendments § 7. Application to Particular Questions; Grounds § 8. Relation to Other Business § 9. Debate on Points of Order; Burden of Proof § 10. Waiver of Points of Order § 11. Withdrawal of Points of Order § 12. Appeals B. PARLIAMENTARY INQUIRIES § 13. In General; Recognition § 14. Subjects of Inquiry § 15. Timeliness of Inquiry § 16. As Related to Other Business Research References 5 Hinds §§ 6863±6975 8 Cannon §§ 3427±3458 Manual §§ 627, 637, 861b, 865 A. Points of Order § 1. In General; Form Generally A point of order is in effect an objection that the pending matter or proceeding is in violation of a rule of the House. (Grounds for point of order, see § 7, infra.) Any Member (or any Delegate) may make a point of order. 6 Cannon § 240. Although there have been rare instances in which the Speaker has insisted that the point of order be reduced to writing (5 633 § 1 HOUSE PRACTICE Hinds § 6865), the customary practice is for the Member to rise and address the Chair: MEMBER: Mr. Speaker (or Mr. Chairman), I make a point of order against the [amendment, section, paragraph]. CHAIR: The Chair will hear the gentleman. It is appropriate for the Chair to determine whether the point of order is being raised under a particular rule of the House. The objecting Member should identify the particular rule that is the basis for his point of order. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
For New & Newly Enthused Labour Party Members
GUIDE for new & newly enthused Labour Party members Published by Momentum Sheffield [email protected] facebook.com/momentumsheffield join.peoplesmomentum.com 1 The Labour Party rulebook is almost a hundred pages long and written in pure Bureaucratese. This is an attempt to explain the most important rules and structures in plain English. The main rules for members looking to get more involved in the party can be found on three manageable pages in the Model procedural rules (pages 56-58). Contents I) Local Labour Party organisation 1) Branch Labour Parties (BLPs) 2) Constituency Labour Parties (CLPs) 3) Branch and CLP officers 4) CLP Campaign Committee 5) District Labour Party (DLP) II) How to get involved in your local Labour Party 1) Contact your CLP and branch secretary 2) Get involved in Momentum 3) Become a CLP delegate or officer in your branch and CLP 4) Write and move a motion 5) Challenge the chair III) Electing representatives 1) How are council candidates selected? 2) How are parliamentary candidates selected? 3) Selection of MEP candidates 4) Scottish and Welsh Assembly candidates 5) Holding your MP/representative to account IV) National Labour Organisation 1) The National Labour Party The National Executive Committee Party Conference Party Conference - Delegates Party Conference - Voting Party Conference - Agenda General Secretary 2) Regional Structures 3) How the Labour Party makes policy The National Policy Forum Policy Commissions Making Policy 4) Government Forming a Government The Opposition Select Committees The Parliamentary Labour Party V) Useful resources: rule book, jargon buster, etc. 2 I) Local Labour Party organisation 1) Branch Labour Parties (BLPs) The Labour Party is divided into branches, usually based on the ward boundaries for councillors (there are 28 electoral wards in Sheffield). -
Role of the Chair and Decorum Presentation
Role of the Chair, Decorum, and More By Felix Rivera 2.30.020 – Presiding Officer • A. The chair of the assembly shall be the presiding officer of the assembly. • B. The vice-chair of the assembly shall be the presiding officer of the assembly in the case of unavailability of the chair. • C. The presiding officer shall be addressed as "Chair." • D. The presiding officer shall be a member of the assembly with all of the power and duties of that office. Section 4.04 – Presiding officer, meetings and procedures • (a) The assembly shall elect annually from its membership a presiding officer known as "chair." The chair serves at the pleasure of the assembly. • (b) The assembly shall meet in regular session at least twice each month. The mayor, the chair of the assembly, or five assembly members may call special meetings. Robert’s Rules of Order Newly Revised 11th Edition, pages 449-450 • 1. To open and call the meeting to order • 2. To announce in proper sequence the business that come before the assembly • 3. To recognize members who are entitled to the floor • 4. To state and to put to vote all questions that legitimately come before the assembly • 5. To protect the assembly from obviously dilatory motions • 6. To enforce the rules relating to debate and those relating to order and decorum Robert’s Rules of Order Continued, pages 449-450 • 7. To expedite business in every way compatible with the rights of the members • 8. To decide all questions of order, subject to appeal • 9. -
Appendix a Punctuation Made Easy
374 Appendix A Punctuation Made Easy Full Stop The strongest punctuation mark of all. Should be used: 1. At the end of a complete sentence (not a question or an exclamation). 2. At the end of an imperative sentence. (,Shut the door.') 3. After all initials and some abbreviations (N. R. Baines, etc., Feb., n.a., c.i.f.). 4. Between pounds and pence expressed in figures (£3.65). Comma The weakest pause mark, but the most important, since its omission can sometimes change the meaning of the sentence. Don't pepper your sentences with commas - use the meaning of the sentence as a guide. Never separate subject from verb by a comma. Never separate verb from object or predicate by a comma. Should be used: 1. To separate words or word groups in a series when there are at least three units: 'Sales are increasing, productivity is increasing, and profits are increasing.' 2. To separate a subordinate clause which precedes a main clause: 'Although we are not yet sure of the position, work will continue.' 3. To separate a relative clause whose removal would not change the basic sense of the sentence: 'This product, which is one of our traditional lines, is not expensive.' Compare: 'The product that you have selected is not expensive.' 4. To separate a phrase or word of explanation from the rest of the sentence: 'London, the swinging city, stands beside the Thames.' Note: the rule here is the same as for relative clauses, so: 'He read the article, "Management Training into the 1990s", before tackling the report.' 5.