Myths and Half truths concerning parliamentary procedure: Bet you have heard some of these! Commentary on each: 1. Exofficio members never have right to vote. The term exoffico simply means “by virtue of”. That is, some groups may have the president or vice president as a member of any or all committees; the county agent may be listed as “exoffico” member of the Extension Board; the student body president may be an exoffico member of the community foundation, etc. The State Fair board has an exoffico spot listed for the governor and others. Whether the person filling this spot has voting rights maybe spelled out in the group’s governing documents. The default according to RONR would be that they would have full rights while serving on the board—that is, right to present motion, debate, and vote. Many groups because of either provisions in their governing documents or custom to not allow for full rights (often this is because of the misconception of rights of exoffico). 2. Executive Committee can always over ride decision of whole assembly. The default is that nobody (officer or officers or executive committee) can over ride the will of the assembly. So any such authority must be found other than in their parliamentary authority. On the other hand commonsense says it may be necessary—for example: the body at their annual convention voted to hold the next annual convention on the same corresponding date AND at the same location. Due to other circumstances it is later found that either the date will not work at that site or that site will not be available— so a decision will have to be made by the executive committee (or other designated committee). Such authority is often found in the bylaws such “executive committee has authority to conduct affairs of the association between annual meetings”. 3. Amendments need permission of maker to be included. No such rule exists in any parliamentary authority. Once a motion is presented to the body by the president the maker of the motion has no more ownership than any other member. Now Again—exceptions by rule or custom may exist in some organizations—example: Indiana legislature (do not use RONR) but a person who proposed a motion may withdraw it at any time (at least, this is pretty close to the way they operate.) 4. Organizations must always have a constitution and a bylaws While in the past it was quite common for groups to have both ---the rationale was that the constitution contained those points that were very difficult to change (perhaps notice and 2/3rds vote) and the bylaws contained what were more in the nature of standing rules. Today most organizations only have a set of bylaws which are more of the nature of the old concept of constitution but may contain provisions for some things to only require a majority vote to change. Example: the Indiana FFA, Indiana Young Farmers, IAAE, and many others only operate under a bylaws. Some groups such as National FFA may never change due to circumstances concerning their federal government special status as to recognition. 5. Debate is never in order before a main motion has been presented Many groups have a custom of allowing for some debate before a motion in order that some consensus arises prior to wording of a motion. In general, it is not a recommended practice for large groups but is allowed under “small board rules” and in committees. 6. Parliamentarians make ruling which are subject to appeal Parliamentarians do not make rulings (general nature of the beast) but offer advisory opinions. Generally during a convention setting the parliamentarian is advisor to the presiding officer but may be called up to clarify points to others or the body. Rationale for saying not making rulings: it is within the power of a presiding officer or the body to ignore the parliamentarian’s advice or with limits suspend some provisions of their own standing rules and their parliamentary authority. 7. A person cannot nominate themselves No such rule exist in any commonly used parliamentary authority 8. A member of the nominating committee cannot be nominated No such rule exists in any commonly used parliamentary authority. With this or #7 IF such were the rule then a member is being stripped of one of the generally accepted principles of full membership in the organization. 9. Minutes of previous meeting, committee reports, treasurer’s report must always be adopted by motion Minutes of the previous meeting should be handled simply by consensus: that is, the chair asks if there are any corrections---then say “if there are no corrections (or “if there are no further corrections—“) the minutes stand approved as presented”. Is the reading of the minutes required(oral presentation required)-- no, not if group is using another means of sharing of minutes with the members. In this day of wide use of either email or website the actual reading aloud of the minutes is a time consuming activity. BUT, the minutes should be read upon the request of even one member, unless the group adopts a standing rule contrary to this. Remember bylaws and standing rules can contain rules of conducting a meeting and this over rides the parliamentary authority. (Caution: some of the basic principles of membership should never be to consider acceptable to abridge such as right to “hear and be heard” and right to vote, etc….) Can a new member or a member absent from previous meeting—vote on approval of minutes (if voting is used)---yes, all members have the right to vote even on past material. Committee Reports: presented simply as a report without requesting any action—should not be approved/adopted/etc. by the group---rationale: group would have adopted as their official (and perhaps legal position) every word, phase, grammar error, etc. of the report—so better to simply file. IF the committee is seeking approval of an action (could be even a resolution) then the speaker can on behalf of the committee “the committee moves for -------“ and if moved by the committee (and not just the speaker) then the need for a second has been satisfied (more than one interested) –the second is implied. Treasurer’s report: no action recommended excepting filing with the secretary EXCEPT an audited report. Rationale: what if there is a serious error (or maybe misuse of funds) the group if vote to accept has just accepted a false report. 10. Chair should always ask for “old business” on the agenda The term “old business” is strongly recommended to NEVER be used. In some folks mind this envisions anything from the past so may be opening the door for unintended consequences. So do not use. 11. Chair should always ask for “unfinished business” on agenda There is only a very limited means by which there would be anything like “unfinished business” and the two most likely are: a) some motion was postponed at the last meeting to this meeting or b) some items on the previous meeting agenda were not covered due to adjournment-----in either case, these items would be under the heading of “unfinished business”. NOW: If either of these situations exists---the chair should know that (that is they would know of postponement if they were at the meeting AND it should have been noted in the minutes) and they would be aware the agenda was not completed---SO, nothing postponed to this meeting and no unfinished agenda items THEN there is no reason for “unfinished business” to actually be listed or called for on the agenda for the current meeting. 12. Only the maker of a motion can move to rescind Again, as stated before: once a motion has been turned over to the body (to debate or to vote) the maker of the motion has no more ownership than any other member. A point to ponder: It is in order for person who was absent from the meeting at which a motion was passed OR perhaps not even a member at the time of the motion passing—to move to rescind or amend. This is not an uncommon practice in some governmental groups as a new group of members seek to “undo” a motion passed by a previous group – happens in many groups after an election. Example: school board passes to implement certain policies and after an election the membership has changed enough to “undo” the previous board’s motion. 12. Presiding officer can only vote to break a tie Some confusion still around on this one: Default: president has the same fundamental right to vote as any other member, but as a matter of practice it is common for the president not to vote—UNLESS THEIR VOTE WILL MAKE A DIFFERENCE. Now that opens the door to a) breaking a tie or b) causing a tie (note: point being that a tied vote loses). So while a president can not be forced to vote (no member can unless in their governing documents) the president is free to cast a vote or not---example: motion is tied—if president favored passage they vote for and the motion passes; if president against passage on a tied vote then simply does nothing and the tied vote dies, or if vote is for example 10 in favor and 9 against—the president by casting a “no” vote helps to kill the motion (or if in favor does nothing). 13. A motion that is debated and voted on but later determined to have never been seconded—is void After debate has started or voting has occurred the lack of a second is immaterial.