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The Basics of Parliamentary

Procedure
NY ACP Council Webinar
March 15, 2012

Stephen J. Peterson, MD, MACP


Professor and Executive Vice Chair
Dept of Medicine, New York Medical College
Chair, NYACP Awards and Nominations Committee

Linda Lambert, CAE


Executive Director, NYACP
What is Parliamentary Law?
• Parliamentary Law is the Code of rules and
ethics for working together in groups.

• It is the body of principles and rules that has


developed from court decisions .

• Parliamentary procedure is easy to learn,


because it is essentially fairness and common
sense.
Who Must observe Parliamentary
Law?
• The courts hold that all deliberative groups, with
the exception of governmental bodies, must
follow general parliamentary law whenever they
are meeting to transact business.

• Even a small group-for example , a finance


committee or a board of education –must
observe parliamentary law.
The Purpose of Parliamentary Law
• The purpose of parliamentary procedure is to
facilitate the transaction of business and to
promote cooperation and harmony.

• Two basic procedural rules


– First, motions have a definite order of precedence.
– Second, only one motion may be considered at a
time.
The Purpose of Parliamentary Law
• Majority Decision
– The Majority vote decides.

• Minority Rights
– The rights of the minority must be protected.
Steps in Presenting a Motion
• A member rises and addresses the presiding
officer.
• The member is recognized by the presiding
officer.
• The member proposes the motion.
• Another member seconds the motion
• The presiding officer states the motion to the
assembly.
Exceptions
• A second is not required for motions submitted
by a committee, nor is it required for motions
made in a committee or a small board.
Example of the Presentation of a Motion
• Dr. A “ I move that the NYACP chapter pay for all chief residents to
attend the ACP Internal Medicine meeting 2012
• Dr. B (without rising) “ I second the motion”
• Chapter President “ It has been moved and seconded that NYACP
will pay for all chief residents to attend the ACP Internal Medicine
meeting 2012. Is there any discussion? “Those in favor of the motion
that NYACP chapter pay for all chief residents to attend the ACP
Internal Medicine meeting 2012 say “Aye”……Those opposed, say
“No”……
• “The motion is carried.”
Classes of Motions

• Main Motions

• Subsidiary Motions

• Privileged Motions

• Incidental Motions
Main Motions
• Main Motions
– Are the most important and most frequently used.
– The foundation of the conduct of business.
– The purpose is to bring substantive proposals before
the assembly for deliberation and decision.
Subsidiary Motions
• Alter the main Motion
– Delay or hasten its consideration
– Are usually applied to the main motion

• Examples of subsidiary motions


– Postpone temporarily (Lay on the table)
– Close debate
– Limit or extend debate
– Postpone to a certain time
– Refer to a committee
– Amend
Privileged Motions
• Have no direct connection with the main motion before
the assembly.
• Are motions of such urgency that they are entitled to
immediate consideration.
• Because of the urgency, they are given the privilege of
being considered ahead of other motions.
• The privileged motions are:
– Adjourn
– Recess
– Question of privilege
Incidental Motions
• Arise only incidentally our of the business before the assembly.
• Do not relate to the main motion
• They relate to the conduct of the meeting
• Because of their very nature, in some cases may interrupt the speaker.
• Incidental motions include:
– Appeal from a decision of the chair
– Suspend the rules
– Consider informally
– Point of order
– Parliamentary inquiry
– Withdrawal of a motion
– Division of a question
– Division of the assembly
– Point of Information
Basic Rules of Precedence
• When a motion is being considered, any
motion of higher precedence may be
proposed, but no motion of lower precedence
may be proposed.

• Motions are considered and voted on in


reverse order of their proposal. The motion last
proposed is considered and disposed of first.
Main Motions
• The main motion can be proposed only
when no other motion is before the
assembly.
• Substantive proposal to the assembly for
consideration and action.
Rules Governing the main Motion
• Cannot interrupt a speaker
• Requires a second
• Is debatable because it presents a substantive
proposal for consideration
• Can be amended
• Requires a majority vote
• Takes precedence over no other motions
• Applies to no other motion
• Can have applied to it all subsidiary motions,
restorative main motions, and to withdraw
Subsidiary Motions
• Motion To Amend
• Amendment by
– Addition (insertion)
– Deletion (striking out)
– Striking out and inserting
– By substitution
Voting on Amendments
• Amendments are voted on in the reverse order
of their proposal.
• Amendments are voted on first.
• If the amendment is carried, then discussion is
called for on the amended motion.
• This is followed by a vote on the amended
motion.
Driving While Impaired by All Substances
LC11-04
• WHEREAS, persons impaired or intoxicated by any drug should not drive a motor
vehicle and such drivers pose a risk to the public health, and
• WHEREAS, under the current New York Vehicle and Traffic Law a driver cannot be
charged as impaired or intoxicated unless he has ingested or consumed alcohol or a
drug appearing on a list of substances in NY Public Health Law § 3306, thereby
allowing drivers who use “designer” drugs or intoxicants not listed to be charged with
a lesser crime, such as reckless driving. The New York state court of appeals, in
their decision on the Litto case, indicated that this loophole needs to be corrected by
the legislature, and

• WHEREAS, legal punishments for driving while intoxicated or impaired, which often
include suspension of the guilty party’s driver’s license and mandatory drug
treatment, are significantly stronger than punishments for reckless driving, and
• WHEREAS, the New York State Senate, on May 5, 2011, passed legislation in the
form of Senate Bill S 600-A which addresses the above-expressed concerns by
redefining the terms “impaired” and “intoxication” for purposes of the Vehicle and
Traffic Law, and whereas identical language is presently before the New York State
Assembly in the form of Assembly Bill A848-A* Weisenberg; therefore be it
Driving While Impaired by All Substances
LC11-04

• RESOLVED, that the New York Chapter of the


American College of Physicians (NYACP)
supports the passage of A848-A*Weisenberg,
redefining the terms "impaired" and
"intoxication" for the purposes of the vehicle
and traffic law, as printed below.
Driving While Impaired by All Substances LC11-04
New York State Assembly 848-A
AN ACT to amend the vehicle and traffic law, in relation to the definitions of the terms "impaired" and "intoxication" for the
purposes of such law - The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 119-b of the vehicle and traffic law is renumbered


119-c and a new section 119-b is added to read as follows:
§ 119-b. Impaired.
Impairment is reached when a driver has voluntarily consumed or ingested a substance or combination of
substances to the extent that the driver has impaired, to any extent, the physical and mental abilities which a
driver is expected to possess in order to operate a vehicle as a reasonable and prudent driver
§ 2. The vehicle and traffic law is amended by adding a new section 120-a to read as follows:
§ 120-a. Intoxication.
Intoxication is a greater degree of impairment which is reached when a driver has voluntarily consumed or
ingested a substance or combination of substances to the extent that the driver is incapable of employing the
physical and mental abilities which a driver is expected to possess in order to operate a vehicle as a reasonable
and prudent driver.
§ 3. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 13 to read as follows:
It shall be an affirmative defense to a charge under any subdivision of this section that the operator neither
knew nor had reason to know of the impairing nature of the substance or combination of substances
consumed or ingested. Provided, however, that no defense shall be available if any such consumed or
ingested substance is contained in section thirty-three hundred six of the public health law.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a
law.
Supporting Restrictions on Tanning
Establishments
• WHEREAS, the United States Department of Health and Human Services has
declared ultra-violet radiation from artificial sources such as tanning beds and tan
lamps as a known carcinogen[1]; and
• WHEREAS, a review of 7 studies found a statistically significant increase in the risk of
melanoma in those who have been exposed to UV radiation from indoor tanning
before the age of 35[2]; and
• WHEREAS, a Swedish study presents strong evidence of exposure to UV radiation
during indoor tanning increases the risk of melanoma[3]; therefore be it

[1] U.S. Department of Health and Human Services, Public Health Service, National
Toxicology Program. Report on carcinogens, 11th ed: Exposure to sunlamps or
sunbeds.
• [2] The International Agency for Research on Cancer Working Group on artificial
ultraviolet (UV) light and skin cancer "The association of use of sunbeds with
cutaneous malignant melanoma and other skin cancers: A systematic review.”
International Journal of Cancer. 2007 March 1;120:111-1122.
• [3] Westerdahl J, Ingvar C, Masback A. Jonsson N, Olsson H. Risk of cutaneous
malignant melanoma in relation to use of sunbeds: further evidence for UV-A
carcinogenicity. Br J Cancer 2000;82:1593-9.
Supporting Restrictions on Tanning
Establishments
• RESOLVED, that the Board of Regents supports restrictions
that no minor should be permitted to use tanning devices; and
be it further
• RESOLVED, that the Board of Regents supports restrictions
that a Surgeon General's warning should be placed publicly in
all tanning establishments which states at the very least
ultraviolet radiation can cause skin cancer; and be it further
• RESOLVED, that the Board of Regents supports restrictions
that no facility should advertise the use of any UV or UVB
tanning device using wording such as “safe”, “safe tanning”,
“no harmful rays”, “no adverse affect” or similar wording or
concepts.
Reference Committees
Purpose: small group appointed to listen to all the
testimony around resolutions and turn comments into
a report that recommends action on each resolution for
vote by the body as a whole

• Reference Committee Reports comprise the bulk of the


official business of the Chapter. Reference Committees
have wide latitude in their efforts to express the will of
the majority on the matters before them. Volunteer for
these committees and learn the process!
• At the time the Committee Report is presented, each
resolution that has been discussed will be presented with
a recommendation for action.
Step 1
Reference Committee Hearings
• Resolutions are presented one at a time, individuals are asked to
identify themselves and disclose any conflict of interest. They can
comment, suggest changes or suggest action in support or against
the resolution.
Withdrawing a Resolution:
• The sponsor of a resolution may withdraw it from consideration
before it is considered by a Reference Committee. If a resolution is
withdrawn, the Chairman of the Reference Committee will announce
that it has been withdrawn and no action will be taken on the
resolution.
Limitation on Debate:
• There shall be a 5-minute limitation on debate per presentation
subject at the discretion of the Chair of the Reference Committee
who may waive the rule for just cause.
Step 2
Reference Committee Report Presented as a Consent Calendar
• Following the hearings, the Reference Committee will meet to
discuss information and positions presented, and will produce a
report for action by the body. The recommendations of the
Reference Committee shall be reported by Item Number and set in
italics by category (e.g. Adopt, Not Adopt, Refer To Council,
Substitute/Amend Resolution, etc.), and the text of the
recommended Resolves shall be set in bold type.
• If the committee’s recommendation is for reaffirmation of current
Policy, the text of the policy must be included.
• Reaffirmation resolutions are resolutions that would establish
policies that are substantially identical to existing policies. The
Committee determines which resolutions are placed on the
reaffirmation consent calendar.
Consent Calendar Process:
• Reference Committee Reports will begin with the Consent Calendar which will list the
Committees’ recommendations for the disposition of all matters as follows:
• Recommended for Adoption
• Recommended for Adoption as Amended or Substituted
• Recommended for Referral to the Board (merit further discussion, not enough
information, more background information needed) – for action or for report
back time certain
• Recommended Not For Adoption
• Recommended for Re-Affirmation
• Members will be asked to accept the Report as submitted by the Reference
Committee, or if there are any matters that an individual wishes to extract, they
request extraction by item number. Items extracted will then be debated in the usual
manner. Items extracted from the Consent Calendar will be open for full discussion.

Limitation on Debate:
• There shall be a 5-minute limitation on debate per presentation subject at the
discretion of the Chair of the Reference Committee who may waive the rule for just
cause.
ACTION ON RESOLUTIONS:
• The Chair of the Reference Committee will advise that the Consent
Calendar Reference is before it for acceptance and ask if there are
any items a member wishes to extract.

Extracted items will be discussed and definite action taken.


• When an item extracted from the Consent Calendar contains a
Reference Committee recommendation to amend by addition,
deletion, alteration, or substitution, it will be recommended for
ADOPTION AS AMENDED OR SUBSTITUTED.
• It is then in order for members to use the Reference Committee
version as amended as a means to recommend action different from
the Reference Committee recommendation.
• The matter before the Chapter for consideration is the
recommendation of the Reference Committee of the substitute or
consolidated version.
• A motion to adopt this substitute is a main motion and is so treated.
If the Reference Committee's version is not adopted, the entire
group of proposals has been rejected.
DAVIS RULES OF ORDER
Thank you for your kindness and
attention
QUESTIONS ?