Robert s Rules of Order & Ralph M. Brown Act. Carlos A. Maldonado Director of Student Life

Transcription

1 Robert s Rules of Order & Ralph M. Brown Act Carlos A. Maldonado Director of Student Life

2 Decision Making How do people make decisions?

3 Parliamentary Procedure Parliament refers to a decision making body term first appeared 13th century Procedure rules, method, model, or process to be followed Parliamentary Procedure the rules or process to be followed in the making of decisions

4 Parliamentary Procedure Rules that everyone agrees to follow in relation to how decisions will be made Assures that everyone has a fair opportunity to impact the outcome of a decision The more people that are involved in making a decision the more complex and difficult it is to make a decision NOT DESIGNED TO SPEED THINGS UP!

5 Parliamentary Authorities Robert s Rules of Order, Henry M. Robert The Standard Code of Parliamentary Procedure, Alice Sturgis Rules of Order, Hugh Cannon Demeter s Manual of Parliamentary Law and Procedure, George Demeter Senior Manual for Group Leadership, O. Garfield Jones Riddick s Rules of Procedure, Floyd M. Riddick

6 Robert s Rules of Order Most common of all parliamentary authorities First published in 1876 by General Henry Martin Robert Now in 11th edition

7 Basic Principles Assure the will of the majority prevails Assure the will of the minority is heard Must give the minority the opportunity to influence the majority and the uncommitted Everyone has an equal opportunity to be recognized Everyone has an equal opportunity to vote Everything is debatable Quorum requirement Past practice and custom matters

8 Debate Protocol Only one person speaks at a time A speaker must be recognized before speaking All comments are made through the chair. Comments are confined to the current issue Discussion should alternate between Pro and Con Have no right to complain; only have a right to make a motion No reading of lengthy papers

9 Debate Protocol No cross conversations; no interruptions No verbal attacks of other members If proper decorum cannot be maintained call a recess Enforce the debate time limits Decisions are null and void in the absence of a quorum or proper posting The vote required to adopt a motion should always be very clear majority or 2/3 All decisions are binding on all members regardless of how a member voted

10 The Chair President, Presiding Officer, Chair Elected or appointed Impartial and unbiased Leader with near absolute authority Retains all rights and privileges of all other members Usually develops and controls the agenda Receives all questions and inquires

11 The chair should avoid the appearance of bias: Should avoid outright debate Can shed light on a motion or issue Should not vote Appoints committee members Appoints committee chairs Responsible, and answers, to the body that elected or appointed Can be overruled by the appointing or electing body Should exercise legitimate authority to assure efficient meeting and effective decision making Should know parliamentary procedure

12 Motions Six Steps Motion is moved Motions is seconded Motions is stated Motion is debated Motions is put Vote is announced

13 Amendments Insert or Add Strike Strike and Insert

14 Postpone vs. Table Motion to Table Motion to Postpone

15 Refer Motion to Refer the Motion Table Standing committee Ad hoc committee

16 Point of Order or Appeal Point of Order May Interrupt Chair Rules Appeal Appeal from the decision of the chair Requires a Second Debatable Majority

17 Reconsider Allows assembly to take a second look at a motion previously dealt with Valid only on same day Motion must be made by someone who voted on prevailing side (RONR)

18 Rescind Amend something previously adopted Repeal or annul No prevailing side requirement Requires second Debatable 2/3 majority (RONR) or majority with notice Invalid if some action already taken or contract No time limit

19 Parliamentary Misconceptions Must ask for abstentions Must identify the person who seconds A call to end debate automatically ends debate Need permission to amend a motion

20 Letter vs Spirt Must make a good faith effort Use common sense Let people talk Let people vote Let people disagree Vote NO SUCH THING AS PARLIAMENTARY POLICE

21 What is Transparency Law?

22 Underlying Principles Fundamentally, what public officials do is transact the public s business. As elected representatives to the Academic Senate, responsible for representing DCCD Faculty to the Board of Trustees, you are considered public officials. Conducting oneself and transacting the public s business in a transparent fashion gives the public an opportunity to monitor and participate in the Academic Senate s decisions. Also, the public trusts a process it can see.

23 Examples of Transparency Laws Open meeting laws, such as the Brown Act, and public records disclosure laws all relate to the goal of transparency This session will provide an overview of the Brown Act For more information: Please refer to your guide on the Ralph M. Brown Act and Public Records Act

24 What is the Brown Act?

25 Brown Act The Ralph M. Brown Act, located at California Government Code et sec., is an act of the California State Legislature, authored by Assembly member Ralph M. Brown and passed in 1953, that guarantees the public's right to attend and participate in meetings of local legislative bodies.

26 Does this apply to us?

27 Agencies Covered every state office, officer, department, division, bureau, board and commission or other state body or agency. A local agency includes a county, city (whether general law or chartered), city and county, school district, municipal corporation, special district, community college district or political subdivision. This encompasses any committees, boards, commissions or departments of those entities as well.

28 Brown Act Meetings Regular Special Emergency

29 Brown Act Meetings Not Allowed Serial Meetings Not allowed Occur when a majority of the senate members have communicated about an issue and have developed a collective concurrence

30 Brown Act Basics Public need not identify themselves Agenda packets Public may address the board Closed Session Standing Committees

31 Brown Act Public need not identify themselves

32 Brown Act Agenda/Agenda Packet

33 Brown Act Public Comment

34 Brown Act Closed Session

35 Brown Act Standing Committees

36 Questions?