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CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE1
Saratoga’s rules of parliamentary procedure are supported by the following four principles:
1. Rules should establish order. The first purpose of the rules of parliamentary
procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and
participation. Complex rules create two classes: those who understand and participate and those
who do not fully understand and do not fully participate.
3. Rules should be user-friendly. That is, the rules must be simple enough that
citizens feel they have been able to participate in the process.
4. Rules should enforce the will of the majority while protecting the rights of
the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to
facilitate decision-making by the body. In a democracy, the majority rules. The rules must
enable the majority to express itself and fashion a result, while permitting the minority to also
express itself (but not dominate) and fully participate in the process.
The Chairperson Should Take a Back Seat During Discussions
While all members of the governing body should know and understand the rules of parliamentary
procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The
chair should be well versed in those rules, because the chair, for all intents and purposes, makes
the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the
governing body itself.
Because the chair conducts the meeting, it is common courtesy for the chair to take a less active
role than other members of the body in debates and discussions. This does not mean that the
chair should not participate in the debate or discussion. On the contrary, as a member of the
body, the chair has full rights to participate in debates, discussions and decision-making. The
chair should, however, strive to be the last to speak at the discussion and debate stage, and
should not make or second a motion unless he or she is convinced that no other member of the
body will do so.
The Basic Format for an Agenda Item Discussion
All City Council and Commission meetings have a written, published agenda. The meeting is
governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting.
Each agenda item should be handled by the chair in the following basic format.
1 These rules of parliamentary procedure are based on “Rosenberg’s Rules of Order: Simple Parliamentary
Procedures for the 21st Century” written by Dave Rosenberg and published by the League of California Cities in
2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific
code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the
Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern.
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First, the chair should clearly announce the agenda item number and should clearly state
what the subject is. The chair should then announce the format that will be followed. If
any member of the body has a conflict of interest, that member announces the conflict
and need for recusal and leaves the dais at this time.
Second, following that agenda format, the chair should invite the appropriate people to
report on the item, including any recommendation they might have. The appropriate
person may be the chair, a member of the governing body, a staff person, or a committee
chair charged with providing information about the agenda item.
Third, the chair should ask members of the body if they have any technical questions for
clarification. At this point, members of the governing body may ask clarifying questions
to the people who reported on the item, and they should be given time to respond.
Fourth, the chair should invite public comments or, if appropriate at a formal public
hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits
may be imposed if numerous members of the public indicate a desire to speak to the
subject. At the conclusion of the public comments, the chair should announce that public
input has concluded (or that the public hearing, as the case may be, is closed).
Fifth, the chair should invite members of the body to make remarks on the matter. This
is an opportunity for members of the body to state their views on the subject before any
formal motions are made.
Sixth, the chair should invite a motion from the governing body members. The chair
should announce the name of the member who makes the motion.
Seventh, the chair should determine if any member of the body wishes to second the
motion. The chair should announce the name of the member who seconds the motion. It
is normally good practice for a motion to require a second before proceeding with it, to
ensure that it is not just one member of the body who is interested in a particular
approach. However, a second is not an absolute requirement, and the chair can proceed
with consideration and a vote on the motion even when there is no second. This is a
matter left to the discretion of the chair.
Eighth, if the motion is made and seconded, the chair should make sure everyone
understands the motion. This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the
motion.
Ninth, the chair should now invite discussion of the motion by the members of the
governing body. If there is no desired discussion or the discussion has ended, the chair
should announce that the body will vote on the motion. If there has been no discussion or
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a very brief discussion, the vote should proceed immediately, and there is no need to
repeat the motion. If there has been substantial discussion, it is normally best to make
sure everyone understands the motion by repeating it.
Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is
normally sufficient. If members of the body do not vote, then they “abstain.” Unless
specific laws or procedures provide otherwise, a simple majority determines whether the
motion passes or is defeated.
Eleventh, the chair should announce the result of the vote and should announce what
action (if any) the body has taken. In announcing the result, the chair should indicate the
names of the members, if any, who voted in the minority on the motion. This
announcement might take the following form: “The motion passes by a vote of 3-2, with
Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all
future meetings of this governing body.”
Motions in General
Motions are the vehicles for decisionmaking. It is usually best to have a motion before the
governing body prior to discussing an agenda item, to help everyone focus on the motion before
them.
The chair usually initiates the motion by:
1. Inviting the members to make a motion: “A motion at this time would be
in order.”
2. Suggesting a motion to the members, for example: “A motion would be in
order that we give 10-days’ notice in the future for all our meetings.”
3. Making the motion.
As noted, the chair has every right as a member of the body to make a motion, but normally
should do so only if he or she wishes a motion to be made but no other member seems willing to
do so.
The Three Basic Motions
Three motions are the most common:
1. The basic motion. The basic motion is the one that puts forward a
decision for consideration. A basic motion might be: “I move that we create a
five-member committee to plan and put on our annual fundraiser.”
2. The motion to amend. If a member wants to change a basic motion that
is under discussion, he or she would move to amend it. A motion to amend might
be: “I move that we amend the motion to have a 10-member committee.” A
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motion to amend takes the basic motion that is before the body and seeks to
change it in some way.
3. The substitute motion. If a member wants to completely do away with
the basic motion under discussion and put a new motion before the governing
body, he or she would “move a substitute motion.” A substitute motion might be:
“I move a substitute motion that we cancel the annual fundraiser this year.”
Motions to amend and substitute motions are often confused. But they are quite different, and so
is their effect, if passed.
A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a new and
different motion for it.
The decision as to whether a motion is really a motion to amend or a substitute motion is left to
the chair. So that if a member makes what that member calls a motion to amend, but the chair
determines it is really a substitute motion, the chair’s designation governs.
When Multiple Motions Are Before The Governing Body
Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion
until the three that are on the floor have been resolved.
When two or three motions are on the floor (after motions and seconds) at the same time, the
first vote should be on the last motion made. So, for example, assume the first motion is a basic
“motion to have a five-member committee to plan and put on our annual fundraiser.” During the
discussion of this motion, a member might make a second motion to “amend the main motion to
have a 10-member committee, not a five-member committee, to plan and put on our annual
fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a
“substitute motion that we not have an annual fundraiser this year.” The proper procedure would
be as follows.
First, the chair would deal with the third (the last) motion on the floor, the substitute motion.
After discussion and debate, a vote would be taken first on the third motion. If the substitute
motion passes, it would be a substitute for the basic motion and would eliminate it. The first
motion would be moot, as would the second motion (which sought to amend the first motion),
and the action on the agenda item would be complete. No vote would be taken on the first or
second motions. On the other hand, if the substitute motion (the third motion) failed, the chair
would proceed to consideration of the second (now the last) motion on the floor, the motion to
amend.
If the substitute motion failed, the chair would then deal with the second (now the last) motion
on the floor, the motion to amend. The discussion and debate would focus strictly on the
amendment (should the committee be five or 10 members). If the motion to amend passed, the
chair would now move to consider the main motion (the first motion) as amended. If the motion
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to amend failed, the chair would now move to consider the main motion (the first motion) in its
original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original
motion would either be in its original format (five-member committee) or, if amended, would be
in its amended format (10-member committee). And the question on the floor for discussion and
decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic
motions, motions to amend, and substitute motions are all eligible, each in their turn, for full
discussion before and by the body. The debate can continue as long as members of the body
wish to discuss an item, subject to the decision of the chair that it is time to move on and take
action. There are exceptions to the general rule of free and open debate on motions. The
exceptions all apply when there is a desire of the body to move on. The following motions are
not debatable (that is, when the following motions are made and seconded, the chair must
immediately call for a vote of the body without debate on the motion):
A motion to adjourn. This motion, if passed, requires the body to immediately adjourn
to its next regularly scheduled meeting. This motion requires a simple majority vote.
A motion to recess. This motion, if passed, requires the body to immediately take a
recess. Normally, the chair determines the length of the recess, which may range from a
few minutes to an hour. It requires a simple majority vote.
A motion to fix the time to adjourn. This motion, if passed, requires the body to
adjourn the meeting at the specific time set in the motion. For example, the motion might
be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
A motion to table. This motion, if passed, requires discussion of the agenda item to be
halted and the agenda item to be placed on “hold.” The motion may contain a specific
time in which the item can come back to the body: “I move we table this item until our
regular meeting in October.” Or the motion may contain no specific time for the return
of the item, in which case a motion to take the item off the table and bring it back to the
body will have to be taken at a future meeting. A motion to table an item (or to bring it
back to the body) requires a simple majority vote.
A motion to limit debate. The most common form of this motion is to say: “I move the
previous question” or “I move the question” or “I call for the question.” When a member
of the body makes such a motion, the member is really saying: “I’ve had enough debate.
Let’s get on with the vote.” When such a motion is made, the chair should ask for a
second to the motion, stop debate, and vote on the motion to limit debate. The motion to
limit debate requires a two-thirds vote of the body. Note that a motion to limit debate
could include a time limit. For example: “I move we limit debate on this agenda item to
15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of
the body. A similar motion is a motion to object to consideration of an item. This
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motion is not debatable, and if passed, precludes the body from even considering an item
on the agenda. It also requires a two-thirds vote.
Majority and Super-Majority Votes
In a democracy, decisions are made with a simple majority vote. A tie vote means the motion
fails. So in a five-member body, a vote of 3-2 passes the motion. A vote of 2-2 with one
abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the
motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions occur
when the body is taking an action that effectively cuts off the ability of a minority of the body to
take an action or discuss an item. These extraordinary motions require a two-thirds majority (a
super-majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question,” “I
move the question,” “I call for the question” or “I move to limit debate,” it all amounts to
an attempt to cut off the ability of the minority to discuss an item, and it requires a two-
thirds vote to pass.
Motion to close nominations. When choosing officers of the body, such as the chair,
nominations are in order either from a nominating committee or from the floor of the
body. A motion to close nominations effectively cuts off the right of the minority to
nominate officers, and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is
unnecessary, because the objectionable item can be tabled or defeated straight up.
However, when members of a body do not even want an item on the agenda to be
considered, then such a motion is in order. It is not debatable, and it requires a two-thirds
vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to
pass. If the body has its own rules of order, conduct or procedure, this motion allows the
body to suspend the rules for a particular purpose. For example, the body (a private club)
might have a rule prohibiting the attendance at meetings by non-club members. A
motion to suspend the rules would be in order to allow a non-club member to attend a
meeting of the club on a particular date or on a particular agenda item.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself: the motion to
reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and
a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is
deemed closed, subject only to reopening if a proper motion to reconsider is made. The
standards for reconsideration are set forth in the City Code.
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Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the
members of the public can attend to business efficiently, fairly and with full participation. And
at the same time, it is up to the chair and the members of the body to maintain common courtesy
and decorum. Unless the setting is very informal, it is always best for only one person at a time
to have the floor, and it is always best for every speaker to be first recognized by the chair before
proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focus on the item
and the policy in question, not on the personalities of the members of the body. Debate on policy
is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too
personal, too loud or too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair
may, however, limit the time allotted to speakers, including members of the body. Can a
member of the body interrupt the speaker? The general rule is no. There are, however,
exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be: “Point of privilege.” The chair would then
ask the interrupter to “state your point.” Appropriate points of privilege relate to
anything that would interfere with the normal comfort of the meeting. For example, the
room may be too hot or too cold, or a blowing fan might interfere with a person’s ability
to hear.
Order. The proper interruption would be: “Point of order.” Again, the chair would ask
the interrupter to “state your point.” Appropriate points of order relate to anything that
would not be considered appropriate conduct of the meeting; for example, if the chair
moved on to a vote on a motion that permits debate without allowing that discussion or
debate.
Appeal. If the chair makes a ruling that a member of the body disagrees with, that
member may appeal the ruling of the chair. If the motion is seconded and after debate, if
it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “Let’s return to the
agenda.” If a member believes that the body has drifted from the agreed-upon agenda,
such a call may be made. It does not require a vote, and when the chair discovers that the
agenda has not been followed, the chair simply reminds the body to return to the agenda
item properly before them. If the chair fails to do so, the chair’s determination may be
appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion
on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the
floor. The motion is immediately deemed withdrawn, although the chair may ask the
person who seconded the motion if he or she wishes to make the motion, and any other
member may make the motion if properly recognized.
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Special Notes About Public Input
The rules outlined here help make meetings very public-friendly. But in addition, and
particularly for the chair, it is wise to remember three special rules that apply to each agenda
item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Public input is essential to a healthy democracy, and community participation in public meetings
is an important element of that input. The challenge for anyone chairing a public meeting is to
accommodate public input in a timely and time-sensitive way, while maintaining steady progress
through the agenda items. The rules presented here for conducting a meeting are offered as tools
for effective leadership and as a means of developing sound public policy.
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