mancera parliamentary procedures seminar

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Parliamentary Rules & Procedure Seminar Presented To TEXAS LULAC STATE CONVENTION June 5, 2010 Ray Mancera Immediate Past LULAC National VP for the SW Former LULAC National Parliamentarian

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Parliamentary Rules & Procedure Seminar presented at the Texas LULAC State Convention on 6/05/2010

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Page 1: Mancera Parliamentary Procedures Seminar

Parliamentary Rules & Procedure Seminar

Presented To

TEXAS LULAC STATE CONVENTION

June 5, 2010

Ray Mancera

Immediate Past LULAC National VP for the SW

Former LULAC National Parliamentarian

Page 2: Mancera Parliamentary Procedures Seminar

Parliamentary Rules & Procedure

TOPICS TO BE COVERED

I. Introduction - Who is Robert

II. Who is in Charge (Responsible)

III. Regular Order of Business

IV. Making Motions (Question to Assembly)

V. Seconding Motions

VI. Amendments - Germaine to the main motion

VII. Voting on Motions / Amendments

VIII. Common mistakes and pitfalls

IX. Question & Answer

Page 3: Mancera Parliamentary Procedures Seminar

Who is Robert?

General Henry Martyn Robert

1837-1923

1874 First Printing of Robert's Rules of Order

Page 4: Mancera Parliamentary Procedures Seminar

Who‟s In Charge?

“Presiding officer”

The Presiding Officer is normally the

President of the organization. However, in

the absence of the President, the person with

the highest official ranking may preside.

Whoever is presiding is called “The Chair”

Remember when Presiding:

Diplomacy, Professionalism, Not Dictatorship

Page 5: Mancera Parliamentary Procedures Seminar

Regular Order of Business

Roll Call of Officers

Reading of Minutes of Previous Meeting

Reading of and Voting on Applications for Membership

Initiation of Candidates

Communications and Finances

Reports of Officers and Committees

Unfinished Business

New Business

Election and Installation of Officers

Good and Welfare

Closing

Page 6: Mancera Parliamentary Procedures Seminar

Making Motions (Questions to Assembly)

Principal or Main Motions

A motion is a proposal for action by the group. Only one

main motion can be considered at a time. The motion

must be germaine to the Agenda Item.

When a motion has been made, seconded and stated by

the chair, the assembly is not at liberty to consider any

other business until this motion has been disposed of.

All motions must be seconded. The mover cannot

withdraw his motion or the second after it has been stated by the Chair. It now belongs to the assembly

Page 7: Mancera Parliamentary Procedures Seminar

Seconding A Motion

In general all important motions should be seconded,

which may be done without rising or addressing the

chair.

If the mover changes the motion before the chair

states the motion the member who made the

second can withdraw it because he or she may

longer agree with the new motion.

A second merely implies that the seconder agrees

that the motion should come before the meeting

and not that he or she necessarily favors the

motion.

Page 8: Mancera Parliamentary Procedures Seminar

Order Used to Dispose of a Motion

Motion is made

Seconded

Chair states the motion

Members debate the motion

The Chair puts the question to a vote

The Chair announces the results of the vote

Page 9: Mancera Parliamentary Procedures Seminar

Making a Motion

Should be well thought out before speaking

Example:

“Madam Chair, I move that we have an open

house to recruit new members and offer

sodas as refreshments”.

Page 10: Mancera Parliamentary Procedures Seminar

Example of Voting on a Main Motion

First Member: Madam Chair, I move that we have an

open house to recruit new members and offer sodas as

refreshments.

Second Member: I second the motion

Chair: A motion has been made and seconded to have an

open house to recruit new members and offer sodas as

refreshments. Is there any discussion?

There being NO discussion, all those in favor of having

an open house to recruit new members and offer sodas as

refreshments signify by saying AYE. Those opposed by

saying NAY. The ayes have it, motion passes.

Page 11: Mancera Parliamentary Procedures Seminar

Amendments To Motions

To Amend: This motion is “to change, add, or omit

words in the original Main Motion.

It must be seconded, is debatable and amendable.

Must be Germaine to the Main Motion

Voting on the amendment is FIRST; then on the Main

Motion.

Rejection of an Amendment leaves the pending

motion worded as it was before the amendment

was offered.

Another Amendment is in order but must be made

before voting on Main Motion.

Page 12: Mancera Parliamentary Procedures Seminar

Order Used to Dispose of a

Motion with an Amendment

Motion is made to amend the motion

Seconded

Chair states (repeats) the motion to amend

Members debate the motion

The Chair asks the Assembly to FIRST vote on the

amendment

The Chair then asks the Assembly to vote on the Main

Motion as amended (if amendment passed).

The Chair announces the results of the vote.

Page 13: Mancera Parliamentary Procedures Seminar

Example of a Motion to Amend

“Madam Chair, I like the idea of having an open

house but I think we should also have food and

not just refreshments!

Therefore, I move to amend the main motion

to add the words „and food‟ ”.

Page 14: Mancera Parliamentary Procedures Seminar

Sample of Voting on a Motion with an Amendment

Member: Madam Chair, I move to Amend the Main Motion by adding the words “and food”.

Member: I second the motion

Chair: “There is a motion and a second to amend the main motion by adding the words „and food‟ ”.

“Is there discussion?” There being NO discussion we will first vote on the amendment which is to add the words “and food”. All those in favor signify by saying aye. Those opposed say nay. The ayes have it, the amendment is approved.

Now we will vote on the Main Motion, as amended, and that is to have an open house to recruit new members and offer sodas as refreshments and food. All those in favor signify by saying aye. Those opposed by saying nay. The ayes have it, motion passes.

Page 15: Mancera Parliamentary Procedures Seminar

Amending the Amendment

This is a motion to change, add, or omit

words in the first amendment; it must be

seconded and is debatable: majority votes.

Must pertain or be germaine to the Amendment

to which it is attached

No more than two Amendments can be

considered by the Assembly at the same time

At least one of the Amendments must be

dispensed before considering a new

Amendment

Page 16: Mancera Parliamentary Procedures Seminar

Making an Amendment to an Amendment

During discussion and before a vote is taken

on the First Amendment someone says”

“Madam Chair, let‟s a good time at the open

house! We need to also serve beer!

I move we amend the amendment by

adding the words „and beer‟ ”.

Page 17: Mancera Parliamentary Procedures Seminar

Voting on an Amendment to an Amendment

The FIRST vote is to agree “to change, add, or

omit words” in the Second Amendment

The SECOND vote is “to change, add, or omit

words” in the First Amendment as changed if at

all

The THIRD vote is on adopting the main motion

as changed or amended by first or second

amendment, if at all.

Page 18: Mancera Parliamentary Procedures Seminar

Example of Voting on an Amendment to the Amendment

Chair: “There is motion and a second to amend the amendment by adding the words „and beer‟ ”.

Is there any discussion?

There being no discussion the First vote is on the Second Amendment which is adding the words “and beer”. All in favor say aye, those opposed say nay. The NAYS have it, the amendment is defeated.

The Second vote is on the First Amendment which is to add the words “and food”. All in favor say aye, those opposed say nay. The AYES have it, amendment is passed.

The Third vote is on the Main Motion as amended which is: To have an open house to recruit new members and offer sodas as refreshments and food.” All in favor say aye, those opposed say nay. The AYES have it, motion passes as amended.

Page 19: Mancera Parliamentary Procedures Seminar

2nd

Amendment

1st

Amendment

Main Motion

What Goes Up Must Come Down!

The order in which you ascend you also must descend.

Page 20: Mancera Parliamentary Procedures Seminar

POSTPOSE (or TABLE)

To Postpone: A motion to postpone the

question before the assembly to some future

time is in order, except when a speaker has

the floor. Debatable and amendable:

Majority Vote.

This motion must be disposed first

before discussion or voting on

Previous Question

Page 21: Mancera Parliamentary Procedures Seminar

To Commit And To Lay on the Table

To Commit: When a motion becomes involved

through amendments or when it is wise to investigate

a question more carefully, it may be moved to commit

the motion to a Committee for further consideration.

Debatable. Amendable. Committee must report back.

To Lay on the Table: The object of this motion is to

postpone the subject under discussion in such a way

that it can be taken up at sometime in the near future

when a motion “to take from the table” would be in

order. These motions are NOT debatable OR

amendable: Majority Vote.

Page 22: Mancera Parliamentary Procedures Seminar

The Previous Question

(NOT: “I Call for the Question!)

It is to close debate on the pending question!!

This motion may be made when debate becomes long and drawn out. It is not debatable. The form is “Mr. Chairman, I move the previous question.” The chairman then asks the assembly, “Shall debate be closed and the question now be put?” If this is adopted by a two-thirds (2/3) vote, the question (motion) before the assembly is immediately voted upon.

Page 23: Mancera Parliamentary Procedures Seminar

TO RECONSIDER

The motion to reconsider a motion that was carried or

lost is in order if made on the same day or the next

calendar day, but must be made by someone who

voted on the PREVAILING SIDE. The person

who seconds is not required to have voted on the

prevailing side. This is done so no question can

continue to be reconsidered once approved or

defeated. Debatable: majority vote.

Requires 2 votes: First vote on whether it should be

reconsidered. Second vote on original motion if

motion to reconsider passed.

Page 24: Mancera Parliamentary Procedures Seminar

TO ADJOURN

This motion is always in order EXCEPT:

a. When a speaker has the floor.

b. When a vote is being taken.

c. After it has just been voted down.

d. When the assembly is in the midst of some business which cannot be abruptly stopped.

The motion is NOT debatable or amendable unless the motion is made to adjourn to a definite place and timethen IT IS debatable and amendable.

Page 25: Mancera Parliamentary Procedures Seminar

Point of Order

Point of Order: This motion is always in order, but can be used only to present an objection to a ruling of the chair or some method of parliamentary procedure. The form is “Mr. Chairman, I rise to a point of order.” The Chairman answers: „„Please state your point of order.” After the member has stated the objection, the chair answers:

a. “Your point of order is SUSTAINED” or,

b. “Your point of order is DENIED.”

If any member is NOT satisfied with the Chair‟s decision they may appeal from the decision of the chair. The chairman then addresses the Assembly, “Shall the decision of the chair be sustained?” This is debatable and the presiding officer may discuss it without leaving the chair. Voted on like any other motion: Majority or tie vote sustains the decision of chair. Requires a majority of “NO” votes to reverse decision of the chair.

Page 26: Mancera Parliamentary Procedures Seminar

Common Mistakes and Pitfalls

Friendly Amendments?

There are NO friendly or unfriendly

amendments.

Once a motion has been moved, seconded,

and repeated by the chair, you do not

need the permission of the original

mover or from the one who seconded to

amend the motion. Motion now belongs

to the Assembly.

Page 27: Mancera Parliamentary Procedures Seminar

Common Mistakes and Pitfalls

Question:Is it true that the Chair can vote only to break a tie?

Answer:NO. If the Chair is a member of the assembly, he or she

has exactly the same rights and privileges as all other

members have, including the right to make motions,

speak in debate and to vote on all questions. However,

the impartiality required of the presiding officer

precludes exercising these rights while presiding, and

also requires refraining from voting except:

(i) When the vote is by ballot, or

(ii) Whenever his or her vote will affect the result (May

vote to break a tie or to create a tie but not twice).

Page 28: Mancera Parliamentary Procedures Seminar

Common Mistakes and Pitfalls

Question: Is it true that, once a QUORUM has been established, it continues to exist no matter how many members leave during the course of the meeting?

Answer: YES, until quorum is CHALLENGED. Once a quorum at a meeting has been established, the continued presence of a quorum is presumed to exist until the chair or any other member notices that a quorum is no longer present. If the chair notices the absence of a quorum, he or she should declare this fact before taking a vote on a pending motion. Any member can make a Point of Order stating quorum has been lost. The Chair must stop all debate and not entertain any motions until quorum is reconfirmed. If quorum is lost the Assembly adjourns. Although a Point of Order relating to the absence of a quorum is generally not permitted to affect prior action, if there is clear and convincing proof no quorum was present when business was transacted, the presiding officer can rule that business invalid (subject to appeal).

Page 29: Mancera Parliamentary Procedures Seminar

Common Mistakes and Pitfalls

Question: Is a member who voted in favor of an amendment obligated to vote in favor of the Main Motion?

Answer: No. A member‟s vote on an amendment does not obligate him or her to vote in a particular way on the main motion to which the amendment applies; he or she is free to vote as they please on the main motion, whether it is amended or not.

Page 30: Mancera Parliamentary Procedures Seminar

Common Mistakes and Pitfalls

Question: Can a Committee Chair make

motions and is a second required?

Answer: A Convention or Committee Chair,

upon presentation of it‟s report, concludes by

saying “by direction of the committee I move

for its adoption”. The committee must be

composed of at least 2 voting members of the

Assembly. No second is required if the

motion is made by the Chair or a member of

the committee but both must be voting

members of the Assembly.

Page 31: Mancera Parliamentary Procedures Seminar

Se acabo!

The End

Ray Mancera

915-532-2444

[email protected]