Parliamentary Procedure

Parliamentary Procedure

Parliamentary procedure refers to the rules of democracy—that is, the commonly accepted way in which a group of people come together, present and discuss possible courses of action, and make decisions.

Parliamentary procedure is used by all types of decision-making bodies on a daily basis: school boards, homeowners' associations, city councils, and non-profit boards of directors, for example. Parliamentary procedure also defines what duties people typically have when they are elected the president, secretary, or treasurer of an organization.

Fundamentally, parliamentary procedure defines how groups of people, no matter how formal or informal, can most effectively meet and make decisions in a fair, consistent manner—and make good use of everyone's time. Even a basic background in parliamentary principles can help you and your organization hold more efficient meetings.

Robert's Rules of Order Newly Revised
The National Association of Parliamentarians bases its opinions and instruction upon Robert's Rules of Order Newly Revised. The most widely used parliamentary authority in the United States, this book (often abbreviated RONR) was first published as the Pocket Manual of Rules of Order for Deliberative Assemblies in 1876. Since then, the book has been expanded and updated several times, incorporating solutions for countless meeting situations and acknowledging both societal and technological changes that affect the way business is conducted. The current edition of this book is Robert's Rules of Order Newly Revised, 10th edition (2000).

What is Parliamentary Procedure?

Definition
Parliamentary procedure, often used interchangeably with "parliamentary law," is more correctly defined as parliamentary law in combination with the rules of order that a given assembly or organization has adopted.

Parliamentary law is:

·                     rules of the game of democracy.

·                     rules that govern procedures by which civil and criminal laws are made and adopted.

·                     rules and customs that govern deliberative and decision-making assemblies and organizations.

The term rules of order refers to written rules of parliamentary procedure formally adopted by a group of people or by an organization. These rules relate to the orderly transaction of business in meetings and to the duties of officers in facilitating the conduct of business. Written rules of order help ensure that the organization functions smoothly and that questions about procedure can be resolved quickly and fairly. An organization's rules of order may include bylaws, standing rules, policy manuals, and other rules.

Objectives    Parliamentary procedure

·         establishes the purpose and structure of organizations;

·         defines membership classifications, rights, and obligations; and

·         defines rules and procedures for conducting business.

Principles
Parliamentary law is based upon

·         the will of the majority;

·         the right of the minority to be heard;

·         protection of the rights of absentees;

·         courtesy and justice for all; and

·         consideration of one subject at a time.

The Use of Parliamentary Procedure

Why use parliamentary procedure?
A knowledge of basic parliamentary procedure prepares a member of any organization to be more effective when participating in business meetings, and allows the member to understand and support the fundamental principles of parliamentary law.

Robert's Rules of Order Newly Revised provides perhaps the best summary of the broad benefit of parliamentary law to organizations:

"The application of parliamentary law is the best method yet devised to enable assemblies of any size, with due regard for every member's opinion, to arrive at the general will on the maximum number of questions of varying complexity in a minimum time and under all kinds of internal climate ranging from total harmony to hardened or impassioned division of opinion." (RONR, 10th ed., p. xlviii)

In other words, while parliamentary procedure cannot guarantee that every member of an organization is pleased with the outcome of a decision, it aims to ensure that every member is satisfied by the manner in which the decision was made, and that the organization makes decisions efficiently but with consideration for every member's opinion.

Who uses parliamentary procedure?
Countless organizations use parliamentary procedure every day. Consider these examples:

Government and civic organizations

• U.S. Congress
• State legislatures
• City and county councils
• School boards
• Homeowners' associations

Corporations

• Boards of directors
• Shareholder meetings

Non-profit organizations

• Fraternal organizations
• Charitable organizations
• Churches
• Clubs
• Unions
• Professional organizations

Parliamentary Basics
While a thorough treatment of parliamentary procedure cannot be condensed onto a few Web pages, there are some basic components of effective meeting procedure that can help anyone improve their participation in or facilitation of business meetings. After reviewing these basics, explore how to learn more through participation in NAP-sponsored activities, and through the products and services that NAP provides.

Deliberative Assemblies
Parliamentary procedure is generally applied to the meetings of deliberative assemblies. A deliberative assembly has the following distinguishing characteristics:

·         It is an independent or autonomous group of people meeting to determine, in full and free discussion, courses of action to be taken in the name of the entire group.

·         The group is large enough—usually more than a dozen people—that a degree of formality is needed to make decisions efficiently.

·         People having the right to participate (the members of the assembly) are generally free to act within the assembly according to their own judgment.

·         In any decision made, the opinion of each member present has equal weight when voting; when a member votes, he or she joins others in assuming direct personal responsibility for the decision when voting on the prevailing side.

·         If a member does not agree with the decision of the body, this does not constitute withdrawal from the body.

·         If there are absentee members—as there usually are—the members present at a regular or properly called meeting act on behalf of the entire membership, subject only to whatever limitations are established in the body's governing rules.

Types of Deliberative Assembly
The deliberative assembly may exist in many forms. Among the principal types are:

·         mass meeting

·         local assembly of an organized society

·         convention

·         legislative body

·         board

(For more information on the specific characteristics of each of these assemblies, consult Robert's Rules of Order Newly Revised.)

Copyright by National Order of Parlimentarians 2006

Parlimentary Procedures

FIVE BASIC PRINCIPLES OF PARLIMENTARY PROCEDURE

§  Only one subject may claim the attention of the assembly at one time.

§  Each proposition presented for consideration is entitled to full and free debate.

§  Every member has rights equal to every other member.

§  The will of the majority must be carried out, and the rights of the minority must be preserved.

§  The personality and desires of each member should be merged into the larger unit of the organization.

DEVELOPING AN AGENDA OR ORDER OF BUSINESS

It is customary for every group to adopt a standard order of business for meetings.

When no rule has been adopted, the following is the order.

                               I.            Call to order

                            II.            Reading and approval of minutes

                         III.            Reports from officers and standing committees

                         IV.            Unfinished business

                            V.            New business

                         VI.            Program

                      VII.            Adjournment

MOTIONS

The proper way for an individual to propose that the group take a certain action is by "making a motion". The following is the process for handling a motion:

1.      A member rises and addresses the presiding officer for recognition

2.      The member is recognized

3.      The member proposes a motion

4.      Another member must second the motion

5.      The presiding officer states the motion to the assembly

6.      The assembly can now discuss or debate the motion. Only one person at a time may speak. They must first be recognized by the presiding officer.

7.      The presiding officer takes the vote on the motion. Voting can be done by voice, show of hands, or balloting.

8.      The presiding officer announces the result of the vote.

9.      The floor is now open and another motion can be proposed.

When discussing the motion, preference should be given to:

1.      The person who proposed the motion

2.      A member who has not yet spoken to the motion

3.      A member who seldom speaks to one who frequently addresses the assembly

4.      The presiding officer should try to alternate between those favoring and those opposing the motion.

Discussion must be confined to the question that is "before the house".

AMENDING A MOTION

The purpose of the motion to amend is to modify that has already been presented in such a manner that it will be more satisfactory to the members.

Methods of amending:

§  By addition or insertion-- to add something to the motion which it did not contain.

§  By elimination or by striking out-- to subtract or eliminate something from a motion that was originally part of it.

§  By substitution-- this method is a combination of the first two methods, since in amending by substitution something is stricken, and something is inserted in its place. The substitution portion may consist of a word, a phrase, a clause, or an entirely new motion.

The most important principle to understand in connection with any form of the motion to amend is that an amendment "MAY BE HOSTILE, BUT IT MUST BE GERMANE".

§  By hostile is meant opposed to the spirit and aim of the motion to which it is applied.

§  By germane is meant having direct bearing upon the subject of the motion, that is, relevant or relating to it.

An amendment may be opposed to the actual intent of the original motion and, in fact, nullify it, but if it relates to the same subject matter, it is germane.

TYPES OF AMENDMENTS

§  Amendment of the First Rank -- an amendment to a motion

§  Amendment of the Second Rank -- and amendment to the amendment. (The amendment to the amendment must modify and relate directly to the amendment and NOT to the main motion, otherwise it is OUT OF ORDER).

No amendment beyond that of the Second Rank is possible. It is never in order to propose more than one amendment of each rank at one time. If one desires to amend two separate and unrelated parts of a motion, this must be done by two amendments of the first rank, and one must be voted upon before the other is proposed. It is possible, however, to have a motion, one amendment to the motion (amendment of the first rank), and one amendment to the amendment (amendment of the second rank) before the assembly at once. Until the amendment of the second rank has been voted upon, no other amendment of the first rank can be proposed.

ORDER OF VOTING ON AMENDMENTS

§  Amendments are voted upon in inverse order; that is, the one of second rank is disposed of first.

§  Discussion is held and the vote taken upon the amendment to the amendment (amendment of the second rank).

§  Discussion is called for and the vote is taken upon the amendment to the motion (amendment of first rank).

§  When the vote on this has been taken, discussion upon the origional or main motion as amended is opened and when completed a vote is taken upon it.

Parliamentary Procedures at a Glance

TO DO THIS:	YOU SAY THIS:	MAY YOU INTERRUPT THE SPEAKER?	MUST YOU BE SECONDED?	IS THE MOTION DEBATABLE?	IS THE MOTION AMMENDABLE	WHAT VOTE IS REQUIRED?
Adjourn the meeting	"I move that we adjourn"	No	Yes	No	No	Majority
Recess the Meeting	"I move that we recess until..."	No	Yes	No	Yes	Majority
Complain about noise, room temp, etc.	"point of privilege"	Yes	No	No	No	None, Chair Decides
End Debate	"I move the previous question"	No	Yes	No	No	2/3 Vote Required
Postpone consideration of something	"I move we postpone this matter until..."	No	Yes	Yes	Yes	Majority
Have something studied further	"I move we refer this matter to a committee"	No	Yes	Yes	Yes	Majority
Amend a motion	"I move that this motion be amended by..."	No	Yes	Yes	Yes	Majority
Introduce Business (a primary motion)	"I move that..."	No	Yes	Yes	Yes	Majority
Object to procedure or to a personal affront	"Point of order"	Yes	No	No	No	None, Chair Decides
Request Information	"Point of Info."	Yes, if urgent	No	No	No	None
Ask for a vote by actual count to verify a voice vote	"I call for a division of the house"	No	No	No	No	None, Unless someone objects
Object to considering some undiplomatic or improper matter	"I object to consideration of this question"	Yes	No	No	No	2/3 Vote Required
Take up a matter previously tabled	"I move we take from the table..."	No	Yes	No	No	Majority
Reconsider something already disposed of	"I move we now (or later) reconsider our action relative to..."	Yes	Yes	Yes, if original motion is debatable	No	Majority
Consider something out of its scheduled order	"I move we suspend the rules and consider..."	No	Yes	No	No	2/3 Vote Required
Vote on a ruling by the chair	"I appeal the chair's decision"	Yes	Yes	Yes	No	Majority

§  The first 8 motions or points are listed in established order of precedence. When any one of them is pending, you may not introduce another that is listed below it, but you introduce another that is above it. The next 8 motions, points, and proposals have no established order of precedence. Any of them may be introduced at any time-- except when the meeting is considering one of the top three matters (motion to adjourn, motion to recess, point of privilege).

§  In the case of noise, temperature complaints, any resulting motion is debatable.

§  When a division of the house is called for, they must be called for before another motion is started. If someone objects, the majority vote is required.