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Mancera Parliamentary Procedures Seminar

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

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

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  • 1. 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
  • 2. 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
  • 3. Who is Robert? General Henry Martyn Robert 1837-1923 1874 First Printing of Robert's Rules of Order
  • 4. 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
  • 5. 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
  • 6. 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
  • 7. 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.
  • 8. 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
  • 9. 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”.
  • 10. 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.
  • 11. 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.
  • 12. 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.
  • 13. 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‟ ”.
  • 14. 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.
  • 15. 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
  • 16. 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‟ ”.
  • 17. 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.
  • 18. 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.
  • 19. What Goes Up Must Come Down! The order in which you ascend you also must descend. 2nd Amendment 1st Amendment Main Motion
  • 20. 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
  • 21. 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.
  • 22. 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.
  • 23. 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.
  • 24. 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 time then IT IS debatable and amendable.
  • 25. 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.
  • 26. 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.
  • 27. 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).
  • 28. 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).
  • 29. 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.
  • 30. 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.
  • 31. Se acabo! The End Ray Mancera 915-532-2444 ray@manceragroup.com