Parliamentary Procedure & Robert's Rules
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Resolutions to Censure the President: Procedure and History
Resolutions to Censure the President: Procedure and History Updated February 1, 2021 Congressional Research Service https://crsreports.congress.gov R45087 Resolutions to Censure the President: Procedure and History Summary Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President. -
Motions Explained
MOTIONS EXPLAINED Adjournment: Suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place. Recess: Bodies are released to reassemble at a later time. The members may leave the meeting room, but are expected to remain nearby. A recess may be simply to allow a break (e.g. for lunch) or it may be related to the meeting (e.g. to allow time for vote‐counting). Register Complaint: To raise a question of privilege that permits a request related to the rights and privileges of the assembly or any of its members to be brought up. Any time a member feels their ability to serve is being affected by some condition. Make Body Follow Agenda: A call for the orders of the day is a motion to require the body to conform to its agenda or order of business. Lay Aside Temporarily: A motion to lay the question on the table (often simply "table") or the motion to postpone consideration is a proposal to suspend consideration of a pending motion. Close Debate: A motion to the previous question (also known as calling for the question, calling the question, close debate and other terms) is a motion to end debate, and the moving of amendments, on any debatable or amendable motion and bring that motion to an immediate vote. Limit or extend debate: The motion to limit or extend limits of debate is used to modify the rules of debate. Postpone to a certain time: In parliamentary procedure, a postponing to a certain time or postponing to a time certain is an act of the deliberative assembly, generally implemented as a motion. -
Committee Handbook New Mexico Legislature
COMMITTEE HANDBOOK for the NEW MEXICO LEGISLATURE New Mexico Legislative Council Service Santa Fe, New Mexico 2012 REVISION prepared by: The New Mexico Legislative Council Service 411 State Capitol Santa Fe, New Mexico 87501 (505) 986-4600 www.nmlegis.gov 202.190198 PREFACE Someone once defined a committee as a collection of people who individually believe that something must be done and who collectively decide that nothing can be done. Whether or not this definition has merit, it is difficult to imagine the work of a legislative body being accomplished without reliance upon the committee system. Every session, American legislative bodies are faced with thousands of bills, resolutions and memorials upon which to act. Meaningful deliberation on each of these measures by the entire legislative body is not possible. Therefore, the job must be broken up and distributed among the "miniature legislatures" called standing or substantive committees. In New Mexico, where the constitution confines legislative action to a specified number of calendar days, the work of such committees assumes even greater importance. Because the role of committees is vital to the legislative process, it is necessary for their efficient operation that individual members of the senate and house and their staffs understand committee functioning and procedure, as well as their own roles on the committees. For this reason, the legislative council service published in 1963 the first Committee Handbook for New Mexico legislators. This publication is the sixth revision of that document. i The Committee Handbook is intended to be used as a guide and working tool for committee chairs, vice chairs, members and staff. -
Simplified Parliamentary Procedure
Extension to Communities Simplifi ed Parliamentary Procedure 2 • Iowa State University Extension Introduction Effective Meetings — Simplifi ed Parliamentary Procedure “We must learn to run a meeting without victimizing the audience; but more impor- tantly, without being victimized by individuals who are armed with parliamentary procedure and a personal agenda.” — www.calweb.com/~laredo/parlproc.htm Parliamentary procedure. Sound complicated? Controlling? Boring? Intimidating? Why do we need to know all those rules for conducting a meeting? Why can’t we just run the meetings however we want to? Who cares if we follow parliamentary procedure? How many times have you attended a meeting that ran on and on and didn’t accomplish anything? The meeting jumps from one topic to another without deciding on anything. Group members disrupt the meeting with their own personal agendas. Arguments erupt. A few people make all the decisions and ignore everyone else’s opinions. Everyone leaves the meeting feeling frustrated. Sound familiar? Then a little parliamentary procedure may just be the thing to turn your unproductive, frustrating meetings into a thing of beauty — or at least make them more enjoyable and productive. What is Parliamentary Procedure? Parliamentary procedure is a set of well proven rules designed to move business along in a meeting while maintaining order and controlling the communications process. Its purpose is to help groups accomplish their tasks through an orderly, democratic process. Parliamentary procedure is not intended to inhibit a meeting with unnecessary rules or to prevent people from expressing their opinions. It is intended to facilitate the smooth func- tioning of the meeting and promote cooperation and harmony among members. -
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. -
Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November. -
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 Legislative Process on the House Floor: an Introduction
The Legislative Process on the House Floor: An Introduction Updated May 20, 2019 Congressional Research Service https://crsreports.congress.gov 95-563 The Legislative Process on the House Floor: An Introduction Summary The daily order of business on the floor of the House of Representatives is governed by standing rules that make certain matters and actions privileged for consideration. On a day-to-day basis, however, the House can also decide to grant individual bills privileged access to the floor, using one of several parliamentary mechanisms. The standing rules of the House include several different parliamentary mechanisms that the body may use to act on bills and resolutions. Which of these will be employed in a given instance usually depends on the extent to which Members want to debate and amend the legislation. In general, all of the procedures of the House permit a majority of Members to work their will without excessive delay. The House considers most legislation by motions to suspend the rules, with limited debate and no floor amendments, with the support of at least two-thirds of the Members voting. Occasionally, the House will choose to consider a measure on the floor by the unanimous consent of Members. The Rules Committee is instrumental in recommending procedures for considering major bills and may propose restrictions on the floor amendments that Members can offer or bar them altogether. Many major bills are first considered in Committee of the Whole before being passed by a simple majority vote of the House. The Committee of the Whole is governed by more flexible procedures than the basic rules of the House, under which a majority can vote to pass a bill after only one hour of debate and with no floor amendments. -
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. -
1- Rules of the House of Representatives 1.0 Procedural and Parliamentary Authority 1-1 Manual. the Wyoming Manual of Legisla
Rules of the House of Representatives 1.0 Procedural and Parliamentary Authority 1-1 Manual. The Wyoming Manual of Legislative Procedures, Revised, shall be referred to as the "Manual." 1-2 Parliamentary Practice. The rules of parliamentary practice comprised in Mason's Manual of Legislative Procedure shall govern the House in all cases to which they can apply and in which they are not inconsistent with the rules and orders of the House and Joint Rules. [Ref: Mason's §§ 30 to 32] 1-3 Suspension of Rules. No change, suspension, or addition to the rules of the house shall be made except by a two-thirds vote of the elected members. [Ref: Mason's §§ 279 to 287] 2.0 House Organization 2-1 Removal of Officers. A vote of at least two-thirds of the elected House members for the removal of any officer of the House shall be sufficient to vacate the chair or office. [Ref: Mason's § 581] 2-2 House Committees. The Speaker of the House after conferring with the majority and minority leaders shall appoint members to House standing committees subject to House Rule 2-3. House standing committees are as follows: 1. Judiciary 2. Appropriations 3. Revenue 4. Education 5. Agriculture, State and Public Lands and Water Resources 6. Travel, Recreation, Wildlife and Cultural Resources 7. Corporations, Elections and Political Subdivisions 8. Transportation, Highways and Military Affairs 9. Minerals, Business and Economic Development 10. Labor, Health and Social Services 11. Journal 12. Rules and Procedure [Ref: Mason's §§ 600 to 602] -1- 2-3 Committee Membership. -
Chapter 1 Adjournment
Chapter 1 Adjournment A. GENERALLY; ADJOURNMENTS OF THREE DAYS OR LESS § 1. In General § 2. Adjournment Motions and Requests; Forms § 3. When in Order; Precedence and Privilege of Motion § 4. In Committee of the Whole § 5. Who May Offer Motion; Recognition § 6. Debate on Motion; Amendments § 7. Voting § 8. Quorum Requirements § 9. Dilatory Motions; Repetition of Motion B. ADJOURNMENTS FOR MORE THAN THREE DAYS § 10. In General; Resolutions § 11. Privilege of Resolution § 12. August Recess C. ADJOURNMENT SINE DIE § 13. In General; Resolutions § 14. Procedure at Adjournment; Motions Research References U.S. Const. art. I, § 5 5 Hinds §§ 5359–5388 8 Cannon §§ 2641–2648 Manual §§ 82–84, 911–913 1 VerDate 29-JUL-99 20:28 Mar 20, 2003 Jkt 000000 PO 00000 Frm 00010 Fmt 2574 Sfmt 2574 C:\PRACTICE\DOCS\MHP.001 PARL1 PsN: PARL1 §1 HOUSE PRACTICE A. Generally; Adjournments of Three Days or Less § 1. In General Types of Adjournments Adjournment procedures in the House are governed by the House rules and by the Constitution. There are: (1) adjournments of three days or less, which are taken pursuant to motion; (2) adjournments of more than three days, which require the consent of the Senate (§ 10, infra); and (3) adjourn- ments sine die, which end each session of a Congress and which require the consent of both Houses. Adjournments of more than three days or sine die are taken pursuant to concurrent resolutions. §§ 10, 13, infra. Adjournment Versus Recess Adjournment is to be distinguished from recess. The House may author- ize a recess under a motion provided in rule XVI clause 4. -
Parliamentary Procedure for Road Commission Boards By: Wendy S
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.