Loading...
Res 2014-17 Exhibit1 By Judge Dave Rosenberg To expand and protect local control for cities through education To be recognized and respected as the leading advocate for the c Established in 1898, the League of California Cities is a member The League strives to protect the local authority and automony o serve their residents. In addition to advocating on cities’ beha professional development programs and information resources, con Western City magazine. © 2011 League of California Cities. All rights reserved. Dave Rosenberg is a Superior Court Judge in Yolo County. He has presiding judge of the Superior Court Appellate Division. He als Advisory Committee (the committee composed of all 58 California California Judicial Council. Prior to his appointment to the ben Supervisors, where he served two terms as chair. Rosenberg also as mayor. He has served on the senior staff of two governors, an has served as a member and chair of numerous state, regional and Lottery Commission, the California Victim Compensation and Gover Management District, the Yolo County Economic Development Commis Cabinet. For many years, he has taught classes on parliamentary and small bodies. About the Author ii ................................................................ Introduction 2 ................................................................ Establishing a Quorum 2 ................................................................ The Role of the Chair 2 ................................................................ The Basic Format for an Agenda Item Discussion 2 ........................................................ Motions in General 3 ................................................................ The Three Basic Motions 3 ................................................................ Multiple Motions Before the Body 4 ................................................................ To Debate or Not to Debate 4 ................................................................ Majority and Super-Majority Votes 5 ................................................................ Counting Votes 5 ................................................................ The Motion to Reconsider 6 ................................................................ Courtesy and Decorum 7 ................................................................ Special Notes About Public Input 7 ................................................................ The rules of procedure at meetings should be simple enough for The starting point for a meeting is the establishment of a quoru most people to understand. Unfortunately, that has not always be the case. Virtually all clubs, associations, boards, councils an body who must be present at a meeting for business to be legally follow a set of rules — — which are embodied Robert’s Rules of OrderRobert’s Rules of Order transacted. The default rule is that a quorum is one more than h in a small, but complex, book. Virtually no one I know has actua read this book cover to cover. Worse yet, the book was written f When the body has three members present, it can legally transact another time and for another purpose. If one is chairing or runn business. If the body has less than a quorum of members present, a parliament, then is a dandy and quite useful Robert’s Rules of OrderRobert’s Rules of Order cannot legally transact business. And even if the body has a quo handbook for procedure in that complex setting. On the other han to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact b of parliamentary procedure is in order. until and unless a quorum is reestablished. Hence, the birth of Rosenberg’s Rules of Order . What follows is my version of the rules of parliamentary procedu rule of the body that establishes a quorum. For example, the rul based on my decades of experience chairing meetings in state and members for that particular body. The body must follow the rules bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which w the quorum is one more than half the members of the body. grown accustomed. Interestingly enough, has found Rosenberg’s Rules a welcoming audience. Hundreds of cities, counties, special dist committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules While all members of the body should know and understand the in lieu of because they have found them practical, Robert’s Rules rules of parliamentary procedure, it is the chair of the body wh logical, simple, easy to learn and user friendly. charged with applying the rules of conduct of the meeting. The c should be well versed in those rules. For all intents and purpos This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. the body itself. parliamentary procedure is to establish a framework for the Since the chair runs the conduct of the meeting, it is usual cou orderly conduct of meetings. for the chair to play a less active role in the debate and discu Simple rules lead to wider understanding 2. than other members of the body. This does not mean that the chai and participation. Complex rules create two classes: those should not participate in the debate or discussion. To the contr who understand and participate; and those who do not fully a member of the body, the chair has the full right to participat understand and do not fully participate. debate, discussion and decision-making of the body. What the cha should do, however, is strive to be the last to speak at the dis That is, the rules must be simple 3. and debate stage. The chair should not make or second a motion enough that the public is invited into the body and feels that i unless the chair is convinced that no other member of the body w has participated in the process. do so at that point in time. 4. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision Formal meetings normally have a written, often published agenda. making by the body. In a democracy, majority rules. The rules Informal meetings may have only an oral or understood agenda. In must enable the majority to express itself and fashion a result, either case, the meeting is governed by the agenda and the agend while permitting the minority to also express itself, but not constitutes the body’s agreed-upon roadmap for the meeting. Each dominate, while fully participating in the process. agenda item can be handled by the chair in the following basic format: the chair should clearly announce the agenda item number and the chair takes a vote. Simply asking for the “ayes” and then should clearly state what the agenda item subject is. The chair asking for the “nays” normally does this. If members of the body then announce the format (which follows) that will be followed inot vote, then they “abstain.” Unless the rules of the body prov considering the agenda item.otherwise (or unless a super majority is required as delineated following that agenda format, the chair should invite the of the body as delineated later in these rules) determines wheth appropriate person or persons to report on the item, including a motion passes or is defeated. recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, the chair should announce the result of the vote and what committee chair charged with providing input on the agenda item.action (if any) the body has taken. In announcing the result, th should indicate the names of the members of the body, if any, wh the chair should ask members of the body if they have any voted in the minority on the motion. This announcement might tak the following form: “The motion passes by a vote of 3-2, with Sm body may ask clarifying questions to the person or persons who and Jones dissenting. We have passed the motion requiring a 10-d reported on the item, and that person or persons should be given notice for all future meetings of this body.” time to respond. the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public inpu Motions are the vehicles for decision making by a body. It is us If numerous members of the public indicate a desire to speak to best to have a motion before the body prior to commencing the subject, the chair may limit the time of public speakers. At discussion of an agenda item. This helps the body focus. conclusion of the public comments, the chair should announce tha public input has concluded (or the public hearing, as the case m Motions are made in a simple two-step process. First, the chair is closed). should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired the chair should invite a motion. The chair should announce approach with the words “I move … ” the name of the member of the body who makes the motion. A typical motion might be: “I move that we give a 10-day notice the chair should determine if any member of the body wishes the future for all our meetings.” to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good The chair usually initiates the motion in one of three ways: practice for a motion to require a second before proceeding to for 1. ensure that it is not just one member of the body who is interes example,“A motion at this time would be in order.” in a particular approach. However, a second is not an absolute “A motion 2. requirement, and the chair can proceed with consideration and vo would be in order that we give a 10-day notice in the future for on a motion even when there is no second. This is a matter left our meetings.” discretion of the chair. As noted, the chair has every right as a 3. if the motion is made and seconded, the chair should make member of the body to make a motion, but should normally do sure everyone understands the motion. so only if the chair wishes to make a motion on an item but is This is done in one of three ways: convinced that no other member of the body is willing to step The chair can ask the maker of the motion to repeat it; 1. forward to do so at a particular time. The chair can repeat the motion; or 2. The chair can ask the secretary or the clerk of the body to repe 3. There are three motions that are the most common and recur often the motion. at meetings: the chair should now invite discussion of the motion by the The basic motion is the one that puts forward a body. If there is no desired discussion, or after the discussion decision for the body’s consideration. A basic motion might be: ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion our annual fundraiser.” the vote on the motion should proceed immediately and there is n need to repeat the motion. If there has been substantial discuss then it is normally best to make sure everyone understands the motion by repeating it. If a member wants to change a basic motion the chair would deal with the thirdthird (the last) motion on the that is before the body, they 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 motion to amend takes the basic motion , it would be a substitute for the basic motion and would passed that is before the body and seeks to change it in some way. If a member wants to completely do away the agenda item would be completed on the passage by the body of with the basic motion that is before the body, and put a new mot the third motion (the substitute motion). No vote would be taken before the body, they would move a substitute motion. A substitu motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” if the substitute motion , the chair would then deal failed “Motions to amend” and “substitute motions” are often confused, to amend. The discussion and debate would focus strictly on the they are quite different, and their effect (if passed) is quite motion to amend , the chair would then move to consider the passed modify it in some way. A substitute motion seeks to throw out th . If the motion to amend amended the chair would then move to consider the main motion (the failed, for it. The decision as to whether a motion is really a “motion amend” or a “substitute motion” is left to the chair. So if a me makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the cha designation governs. amended, would be in its A “friendly amendment” is a practical parliamentary tool that is for discussion and decision would be whether a committee should simple, informal, saves time and avoids bogging a meeting down plan and put on the annual fundraiser. with numerous formal motions. It works in the following way: In discussion on a pending motion, it may appear that a change to t motion is desirable or may win support for the motion from some The basic rule of motions is that they are subject to discussion simply say, “I want to suggest a friendly amendment to the motio debate. Accordingly, basic motions, motions to amend, and substi The member suggests the friendly amendment, and if the maker and motions are all eligible, each in their turn, for full discussio and by the body. The debate can continue as long as members of t the friendly amendment, that now becomes the pending motion on body wish to discuss an item, subject to the decision of the cha it is time to move on and take action. proposed friendly amendment, then the proposer can formally move There are exceptions to the general rule of free and open debate to amend. on motions. The exceptions all apply when there is a desire of t 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 t The chair can reject a fourth motion until the chair has dealt motion): This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It any given time is confusing and unwieldy for almost everyone, requires a simple majority vote. including the chair. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the le seconds) at the same time, the vote should proceed on the last of the recess which may be a few minutes or an hour. It requires simple majority vote. This motion, if passed, requires annual fundraiser.” During the discussion of this motion, a memb might make a second motion to “amend the main motion to have a motion. For example, the motion might be: “I move we adjourn thi meeting at midnight.” It requires a simple majority vote. put on our annual fundraiser.” And perhaps, during that discussi member makes yet a third motion as a “substitute motion that we have an annual fundraiser this year.” The proper procedure would as follows: This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “ho body (such as the chair), nominations are in order either from a back to the body. “I move we table this item until our regular m close nominations effectively cuts off the right of the minority return of the item, in which case a motion to take the item off Normally, such table and bring it back to the body will have to be taken at a f a motion is unnecessary since the objectionable item can be tabl meeting. A motion to table an item (or to bring it back to the b defeated straight up. However, when members of a body do not eve requires a simple majority vote. want an item on the agenda to be considered, then such a motion The most common form of this motion is to in order. It is not debatable, and it requires a two-thirds vote say, “I move the previous question” or “I move the question” or This motion is debatable, but requires the question” or sometimes someone simply shouts out “question.” a two-thirds vote to pass. If the body has its own rules of orde As a practical matter, when a member calls out one of these phra conduct or procedure, this motion allows the body to suspend the the chair can expedite matters by treating it as a “request” rat rules for a particular purpose. For example, the body (a private than as a formal motion. The chair can simply inquire of the bod might have a rule prohibiting the attendance at meetings by non- “any further discussion?” If no one wishes to have further discu members. A motion to suspend the rules would be in order to allo a non-club member to attend a meeting of the club on a particula However, if even one person wishes to discuss the pending motion date or on a particular agenda item. further, then at that point, the chair should treat the call for “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the The matter of counting votes starts simple, but can become previous question”), the member is really saying: “I’ve had enou complicated. debate. Let’s get on with the vote.” When such a motion is made, Usually, it’s pretty easy to determine whether a particular moti chair should ask for a second, stop debate, and vote on the moti passed or whether it was defeated. If a simple majority vote is limit debate. The motion to limit debate requires a two-thirds v to pass a motion, then one vote more than 50 percent of the body the body. A motion to limit debate could include a time limit. For NOTE: favor and two opposed, the motion passes. If it is two in favor example: “I move we limit debate on this agenda item to 15 minut three opposed, the motion is defeated. Even in this format, the motion to limit debate requires a two- If a two-thirds majority vote is needed to pass a motion, then h thirds vote of the body. A similar motion is a motion to object to This motion is not debatable, and if passed, consideration of an item. count the “no” votes and double that count to determine how many precludes the body from even considering an item on the agenda. “yes” votes are needed to pass a particular motion. For example, also requires a two-thirds vote. a seven-member body, if two members vote “no” then the “yes” vot of at least four members is required to achieve a two-thirds maj vote to pass the motion. In a democracy, a simple majority vote determines a question. A What about tie votes? In the event of a tie, the motion always f vote means the motion fails. So in a seven-member body, a vote o 4-3 passes the motion. A vote of 3-3 with one abstention means t motion fails. If one member is absent and the vote is 3-3, the m one member absent, the motion is defeated. still fails. Vote counting starts to become complicated when members All motions require a simple majority, but there are a few excep vote “abstain” or in the case of a written ballot, cast a blank The exceptions come up when the body is taking an action which unreadable) ballot. Do these votes count, and if so, how does on effectively cuts off the ability of a minority of the body to ta count them? The starting point is always to check the statutes. action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: In California, for example, for an action of a board of supervis be valid and binding, the action must be approved by a majority Whether a member says, “I move the board. (California Government Code Section 25005.) Typically, th previous question,” or “I move the question,” or “I call the que or “I move to limit debate,” it all amounts to an attempt to cut ability of the minority to discuss an item, and it requires a tw vote to pass. Now, exactly how does a member cast an “abstention” vote? California, as another example, resolutions or orders for the pa money and all ordinances require a recorded vote of the total meAny time a member votes “abstain” or says, “I abstain,” that is abstention. However, if a member votes “present” that is also tr of the city council. (California Government Code Section 36936.) as an abstention (the member is essentially saying, “Count me fo with charters may prescribe their own vote requirements. Local e purposes of a quorum, but my vote on the issue is abstain.”) In any manifestation of intention not to vote either “yes” or “no” counsel on how state law may affect the vote count. the pending motion may be treated by the chair as an abstention. After consulting state statutes, step number two is to check the written ballots are cast, a blank or unreadable ballot is counte of the body. If the rules of the body say that you count votes o abstention as well. present” then you treat abstentions one way. However, if the rul the body say that you count the votes of those “present and votiCan a member vote “absent” or “count me as absent?” Interesting then you treat abstentions a different way. And if the rules of question. The ruling on this is up to the chair. The better appr body are silent on the subject, then the general rule of thumb ( for the chair to count this as if the member had left his/her ch default rule) is that you count all votes that are “present and is actually “absent.” That, of course, affects the quorum. Howev chair may also treat this as a vote to abstain, particularly if Accordingly, under the “present and voting” system, you would NOT does not actually leave the dais. count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did exist (they are not “voting”). On the other hand, if the rules o There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of count abstention votes both in establishing the quorum and on DO the motion. In this event, the abstention votes act just like “n and a vote, there must be some closure to the issue. And so, aft vote is taken, the matter is deemed closed, subject only to reop How does this work in practice? if a proper motion to consider is made and passed. Here are a few examples. A motion to reconsider requires a majority vote to pass like oth garden-variety motions, but there are two special rules that app requires a simple majority vote to pass, and assume further that only to the motion to reconsider. rule kicks in and we count all votes of members that are “presen First, is the matter of timing. A motion to reconsider must be m voting.” If the vote on the motion is 3-2, the motion passes. If motion is 2-2 with one abstention, the motion fails. reconsider made at a later time is untimely. (The body, however, always vote to suspend the rules and, by a two-thirds majority, a motion to reconsider to be made at another time.) a two-thirds majority vote to pass, and further assume that the Second, a motion to reconsider may be made only by certain If the vote is 3-2, the motion fails for lack of a two-thirds ma members of the body. Accordingly, a motion to reconsider may be the vote is 4-1, the motion passes with a clear two-thirds major made only by a member who voted in the majority on the original vote of three “yes,” one “no” and one “abstain” also results in motion. If such a member has a change of heart, he or she may of the motion. Once again, the abstention is counted only for th make the motion to reconsider (any other member of the body purpose of determining quorum, but on the actual vote on the — including a member who voted in the minority on the original motion, it is as if the abstention vote never existed — so an ef motion — may second the motion). If a member who voted in the 3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider, it must be rule minority could make a motion to reconsider, then the item could city council voting on a motion that requires a two-thirds major brought back to the body again and again, which would defeat the vote to pass, but now assume that the body DOES rule, we must count the members present not only for quorum but If the motion to reconsider passes, then the original matter is also for the motion. In this scenario, any abstention has the sa before the body, and a new original motion is in order. The matt force and effect as if it were a “no” vote. Accordingly, if the three “yes,” one “no” and one “abstain,” then the motion fails. abstention in this case is treated like a “no” vote and effectiv 3-2 is not enough to pass two-thirds majority muster. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. The rules of order are meant to create an atmosphere where the motion is seconded, and after debate, if it passes by a simple m members of the body and the members of the public can attend to vote, then the ruling of the chair is deemed reversed. time, it is up to the chair and the members of the body to maint This is simply another way of saying, common courtesy and decorum. Unless the setting is very informal “return to the agenda.” If a member believes that the body has d from the agreed-upon agenda, such a call may be made. It does no require a vote, and when the chair discovers that the agenda has before proceeding to speak. not been followed, the chair simply reminds the body to return t the agenda item properly before them. If the chair fails to do s The chair should always ensure that debate and discussion of an chair’s determination may be appealed. agenda item focuses on the item and the policy in question, not personalities of the members of the body. Debate on policy is he During debate and discussion of a motion, debate on personalities is not. The chair has the right to cut o discussion that is too personal, is too loud, or is too crude. is immediately deemed withdrawn, although the chair may ask the Debate and discussion should be focused, but free and open. In t person who seconded the motion if he or she wishes to make the interest of time, the chair may, however, limit the time allotte motion, and any other member may make the motion if properly speakers, including members of the body. recognized. Can a member of the body interrupt the speaker? The general rule “no.” There are, however, exceptions. A speaker may be interrupt for the following reasons: The rules outlined above will help make meetings very public- The proper interruption would be, “point of privilege.” friendly. But in addition, and particularly for the chair, it is The chair would then ask the interrupter to “state your point.” remember three special rules that apply to each agenda item: Appropriate points of privilege relate to anything that would Tell the public what the body will be doing. interfere with the normal comfort of the meeting. For example, t room may be too hot or too cold, or a blowing fan might interfer Keep the public informed while the body is doing it. with a person’s ability to hear. When the body has acted, tell the public what the The proper interruption would be, “point of order.” Again, body did. the chair would ask the interrupter to “state your point.” Appro points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair mo on to a vote on a motion that permits debate without allowing th discussion or debate. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8 $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper.