Effective Municipal Meetings Using Parliamentary Procedures. January 14, 2015

Transcription

1 Effective Municipal Meetings Using Parliamentary Procedures January 14, 2015

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5 Upcoming Classroom Training The Open Records Act & Record Management The Ethics Act and Open Records Your Role as Municipal Secretary/Administrator Police Civil Service Training Establishing a Rental Property Inspection Program The Course in Community Planning The Course in Zoning The Course in Subdivision & Land Development Review The Course in Zoning Administration Reserve Your Seat for 2015! Pennsylvania State Association of Boroughs 2015 Annual Conference April 26-29, 2015 Lancaster, Pa

6 Effective Municipal Meetings Using Parliamentary Procedure

7 Presented by: Wendy Nickerson PSAB Outreach/Training Consultant 2941 North Front Street Harrisburg, PA Cell:

8 By the Book vs. Real World Usage 8

9 Real World Usage It is great to be an expert on the rules, but... When dealing with several people around the meeting table it is necessary to be practical and not let Parliamentary Procedures stop progress. 9

10 Parliamentary Procedure vs. Municipal Code Municipal Code Wins 10

11 Getting It Done Municipal Codes are the law. Parliamentary Procedures are guides to help accomplish the business of the meeting. 11

12 Remember: The Council President or Supervisor Chair is in charge 12

13 Keeping the Flow The Council President/Supervisor Chair can exercise a lot of discretionary power in conducting the meeting. He or she is the traffic cop who guides the flow of business. 13

14 Not Doing the Job? If the other elected officials do not feel the Council President/Supervisor Chair is doing a good job, they can be replaced at any time. To reorganize, there needs to be a motion, a second, and a majority vote to do so. 14

15 Resources Municipal Solicitor Municipal Code Council President/Supervisor Chair Parliamentary Procedure Manual PSAB 15

16 What is Parliamentary Procedure? Parliamentary procedure is a system of rules developed to help ensure the orderly conduct of meetings. It protects the rights of the majority to make decisions and it protects the rights of everyone to be heard. 16

17 The History of Parliamentary Procedure The Greeks and Romans devised the idea of having a quorum and majority rule. The British Parliament placed one motion on the floor at a time. 17

18 The History of Parliamentary Procedure Thomas Jefferson adapted the British rules for use in America and published Jefferson s Manual. It is still used by Congress today. 18

19 The History of Parliamentary Procedure Civil War Major H.M. Roberts published the Robert s Rules of Order as we know it today. He added policies for keeping control at meetings. 19

20 Parliamentary Procedure on the Internet The National Association of Parliamentarians 20

21 Parliamentary Procedure is Not Law No statute requires local governments to follow any Parliamentary Procedure manual its use is entirely voluntary. 21

22 Parliamentary Procedure is Not Law Local governments may develop their own system of Parliamentary Procedure, adopt an existing manual as a guideline, or have no official set of rules at all. 22

23 Parliamentary Procedure is Not Law Municipalities may pass a motion, adopting the desired form of Parliamentary Procedure at their Reorganization Meeting. 23

24 How Municipalities Benefit from Parliamentary Procedure It provides a common understanding of how business is conducted. It is a tool to create and preserve order. 24

25 How Municipalities Benefit from Parliamentary Procedure It creates an environment where the majority will be the deciding factor. It ensures that the minority will be heard. 25

26 How Municipalities Benefit from Parliamentary Procedure It ensures orderly, fair, and efficient debate and decision making. Parliamentary Procedure preserves dignity during the meeting and gives respect for the elected officials. 26

27 Robert s Rules and PA Law Parts of Robert s Rules of Order are contradictory to Pennsylvania Law. Here are two examples: 27

28 Robert s Rules and PA Law Secret Ballots and Proxy Votes: Robert s Rules allows for both; however, they are both prohibited under Pennsylvania Law (Article VII, Section 10 of the PA Constitution and Section 5 of the Sunshine Act.) Both of these laws require all votes to be made in person and in public. 28

29 Roberts Rules and PA Law Role of the Secretary: Robert s Rules allows the secretary to serve as a President Pro Tem, giving them voting rights at that time. In local government, the secretary is appointed, not elected, and therefore cannot vote/serve as the President Pro Tem. 29

30 The Quorum There must be a quorum present to do business (per municipal codes). A quorum is almost always a simple majority of members. 30

31 The Quorum If no quorum is present, no votes can be taken except to set another meeting date. 31

32 The Quorum If there is no quorum, testimony of those present may be heard, items can be referred to committee, and committee reports can be heard. 32

33 At The Meeting But No Quorum? Try to contact absent members. Select a reasonable delay in start time. Members may vote to set another meeting date. 33

34 President Pro Tem If your municipality has 5 or more members, you should elect a President Pro Tem at your Reorganization Meeting. Why?

35 President Pro Tem If the President and Vice President/Chair or Vice Chair are both absent, there may still be a quorum present to do business. Choosing the President Pro Tem in advance saves trouble when choosing a member to chair at the meeting. 35

36 Types of Motions Main Motions Subsidiary Motions Privileged Motions Special/Incidental Motions Let s look at each type... 36

37 Main Motions The main motion is the principal item of business currently before the governing body. Only one main motion can be on the floor at a time. It is the responsibility of the Council President/Supervisor Chair to allow only one main motion at a time. 37

38 A Note on Motions and Seconds Neither the person who makes a motion, nor the person who seconds a motion, is required to vote in favor of that motion. 38

39 A Note on Motions and Seconds Making and seconding a motion only means Let s talk about this. A motion that fails to receive a second is dead, but it can be remade at a later date, but generally not at the same meeting. 39

40 Subsidiary Motions A Subsidiary Motion is related to the Main motion. It must be addressed prior to taking a vote on the Main motion. 40

41 Privileged Motions A Privileged Motion is not related to the Main motion, but it takes priority over the Main motion. The most common Privileged Motions are the Motion to Adjourn and the Motion to Recess. Once made and seconded, all other business comes to a halt until the Privileged Motion is voted on. 41

42 Handling Motions 3. Main Motion 2. Motion to Amend 1. Motion to Amend the Amendment 42

43 Motions to Amend the Main Motion Motions to amend take priority over the main motion Motions to amend require a second If amendment is approved, debate reverts to main motion as amended 43

44 Motions to Amend the Main Motion If an amendment fails, debate reverts back to the main motion as it was originally stated. 44

45 Or.... The meeting Chair asks the individuals who made and seconded the motion if they want to accept the suggested change as a friendly amendment. (Also called a friendly change to the motion) And

46 Then.... If they both agree, then there is no vote required to an amendment. The original main motion is voted on as it has been reworded. None of the lengthy amendment process appears in the minutes. This greatly simplifies business. This is an example of the Real World vs. By The Book 46

47 One Speaker at a Time It is the responsibility of Council President/Supervisor Chair to be fair in recognizing speakers, and to ensure all sides of an issue are heard. The Council President/Supervisor Chair must not stifle debate or call for a vote until all are heard. 47

48 One Speaker at a Time The speakers are recognized by the Council President/Supervisor Chair and others are not allowed to interrupt the speaker who has the floor. It is the responsibility of the Council President/Supervisor Chair to correct anyone who interrupts or speaks out of order. 48

49 One Speaker at a Time Personal remarks are always out of order. Comments made by meeting attendees should only address the issue on the floor. 49

50 Let s Look at Some Commonly Used Motions 50

51 Types of Motions Main Motions Motion Second? Amend? Debate? Vote? Purpose Main Motion Yes Yes Yes Majority Brings business before the assembly Remember: The President or Chairman ultimately recognizes people to speak, determines the order of motions, and generally guides the flow of the meeting 51

52 Types of Motions Subsidiary Motions Motion Second? Amend? Debate? Vote? Purpose Lay on the Table Yes No No Majority Allows an assembly to temporarily lay aside a pending question when something of immediate urgency arises 52

53 Types of Motions Subsidiary Motions (Cont.) Motion Second? Amend? Debate? Vote? Purpose Previous Question Limit or Extend Debate Postpone to a Certain Time Yes No No Yes Yes No Twothirds Twothirds Yes Yes Yes Majority A motion used to bring an assembly to immediate vote on the current main motion The means by which an assembly can exercise control over debate on a question Delays action on a motion for a definite time or until after an event 53

54 Types of Motions Subsidiary Motions (Concluded) Motion Second? Amend? Debate? Vote? Purpose Refer to Committee Yes Yes Yes Majority Amend Yes Yes Yes Majority Postpone Indefinitely Yes No Yes Majority Generally used to send a pending question to a committee Modifies the wording of a pending motion before it is acted upon Means the assembly declines to take a position on the main motion. It effectively kills it 54

55 Types of Motions Privileged Motions Motion Second? Amend? Debate? Vote? Purpose Fix the Time at Which to Adjourn Yes Yes No Majority To set the time, and sometimes place, of another meeting to continue the business of the session Adjourn Yes No No Majority A way to close the meeting Recess Yes Yes No Majority An intermission or break in the meeting 55

56 Types of Motions Privileged Motions (Concluded) Motion Second? Amend? Debate? Vote? Purpose Question of Privilege Call for the Orders of the Day No No No Chair No No No Chair A means of allowing a request relating to the rights and privileges of the members which is of immediate urgency, while other business is pending A means of requiring the assembly to conform to its agenda 56

57 Types of Motions Incidental Motions Motion Second? Amend? Debate? Vote? Purpose Point of Order No No No Chair Appeal Yes No Yes Majority When a member rises to a point of order he indicates a question in the procedure being followed and asks the chair to make a ruling to enforce the regular rules When two members question the ruling of the chair, one moves to appeal and the other responds to it by seconding the motion. The assembly then makes the final decision on the question 57

58 Types of Motions Incidental Motions (Continued) Motion Second? Amend? Debate? Vote? Purpose Suspend the Rules Division of the Assembly Take from the Table Yes No No Twothirds No No No No Vote Yes No No Majority This allows a body to do something not allowed by one of its regular rules A call for a division of the assembly requires the vote to be taken again, only by a standing count rather than voice This will present again to the assembly a motion that has been previously laid on the table 58

59 Types of Motions Incidental Motions (Concluded) Motion Second? Amend? Debate? Vote? Purpose Rescind Yes Yes Yes Majority Used to change action previously ordered, this motion can strike out or cancel a main motion, rule, by-law, resolution, section, or paragraph Reconsider Yes No Yes Majority A way to bring back for further consideration a motion already voted on. This permits correction of hasty or ill-advised actions 59

60 Questions 60

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