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Parliamentary

Procedure
Atty. Pete Bayani. B. Camporedondo
2020 General Legal Counsel
JCI Greater Davao
Parliamentary procedure
 is the body of rules, ethics and customs governing
meetings and other operations
of clubs, organizations, legislative bodies and
other deliberative assemblies.

 often called chairmanship, chairing, the law of


meetings, procedure at meetings or the conduct
of meetings.
At its heart is the rule of the majority with
respect for the minority.

Itsobject is to allow deliberation upon
questions of interest to the organization and
to arrive at the sense or the will of the
assembly upon these questions.
 Rules of order consist of rules written by
the body itself (often referred to
as bylaws), but also usually supplemented
by a published parliamentary authority
adopted by the body.
Principles of parliamentary procedure

Majority rule
The basic principle of decision is majority vote.
The will of the majority must be carried out,
and the rights of the minority must be
preserved.
Minority rights
The minority have certain rights that only
a supermajority, such as a two-thirds
vote, can rule over. Such rights include
introducing new business and speaking in
debate.
 Member rights
Members have the right to attend meetings,
speak in debate, and vote.
Every member has rights that are equal to every
other member.
A member cannot be individually deprived of
those rights except through disciplinary
procedures. On the other hand, non-members
have none of these rights and the assembly can
exclude any or all of them from the proceedings.
Members have the right to know what they are
deciding on.
Absentee rights
Certain actions require previous
notice (right to be notified), which
protects the rights of
absentees. This includes notice of
the meetings.
There also needs to be a quorum, or
the minimum number of members to
be present at a meeting.
One question at a time
Only one motion can be pending at a time.
Only one subject may claim the attention of
the assembly at one time.
Each proposition presented for
consideration is entitled to full and free
debate. 
According to Robert's Rules of Order Newly
Revised (RONR), this rule is considered to be
a "fundamental principle of parliamentary
law".
One person, one vote
Each member has a vote and each
vote is weighted equally.
According to RONR, this rule is
also considered to be a
"fundamental principle of
parliamentary law".
Only members present can vote
The decisions made by members
present at a meeting are the official
acts in the name of the organization.
 Exceptions for absentee voting
would have to be expressly provided
for in the organization's rules. Non-
members are not allowed to vote.
 Changing action previously decided on
 Under RONR, the requirements for changing a
previous action are greater than those for taking the
action in the first place. A motion to rescind, repeal
or annul or amend something already adopted, for
instance, requires a (1) two-thirds vote, (2) a
majority with previous notice, or (3) a majority of
the entire membership.
 However, under The Standard Code of
Parliamentary Procedure, a repeal or amendment of
something already adopted requires only the same
vote (usually a majority) and notice that was
needed to adopt it in the first place.
Following own specific rules
The group must have the authority to take the
actions it purports to take.
To be valid, any action or decision of a body
must not violate any applicable law or
constitutional provision.
Also, actions cannot be in conflict with a
decision previously made unless that action is
rescinded or amended.
The body can change the rules it wants to follow
as long as it follows the rules for making such
changes.
Robert's Rules of Order Newly
Revised
 commonly referred to as Robert’s Rules of Order, RONR, or
simply Robert’s Rules, is the most widely used manual
of parliamentary procedure in the United States.
 The manual was first published in 1876 by U.S. Army
officer Henry Martyn Robert, who adapted the rules and practice
of Congress to the needs of non-legislative societies.
 It governs the meetings of a diverse range of organizations—
including church groups, county commissions, homeowners
associations, non-profit associations, professional societies,
school boards, and trade unions—that have adopted it as
their parliamentary authority.
Here are the basic elements of Robert's
Rules, used by most organizations:
Motion:
 Tointroduce a new piece of business or propose a
decision or action, a motion must be made by a group
member ("I move that......")
A second motion must then also be made (raise your
hand and say, "I second it.") After limited discussion the
group then votes on the motion.
A majority vote is required for the motion to pass (or
quorum as specified in your bylaws.)
MOTIONS
 The proper way for an individual to propose that the group take
a certain action is by making a motion.

 Main Motions have for their object the bringing of


questions, or propositions before the assembly for
consideration. Only one main motion can be considered at a
given time by the assembly.
 Subsidiary Motions have for their object the modification
or disposition of the main motion being considered. It is in
order to propose them while a main motion is still before the
assembly, and to vote upon them before voting upon the main
motion.
Privileged Motions have not connection
whatsoever with the main motion before the
assembly, but are motions of such importance
that they are entitled to immediate
consideration. The main business before the
house may be temporarily set aside to address a
privileged motion.

Incidental Motions arise "incidentally" out


of the business of the assembly, and have very
common characteristics.
Postpone Indefinitely:
This tactic is used to kill a motion.
When passed, the motion cannot be
reintroduced at that meeting. It may be
brought up again at a later date.
This is made as a motion ("I move to
postpone indefinitely...").
A second is required.
A majority vote is required to postpone the
motion under consideration.
Commit:
This is used to place a motion in committee.
It requires a second.
A majority vote must rule to carry it.
At the next meeting the committee is
required to prepare a report on the motion
committed.
If an appropriate committee exists, the
motion goes to that committee. If not, a
new committee is established.
Question:
To end a debate immediately, the question
is called (say "I call the question") and needs
a second.
A vote (to end a debate) is held immediately
(no further discussion is allowed).
A two-thirds vote is required for passage.
If it is passed, the motion on the floor is
voted on immediately
Table:
To table a discussion is to lay aside the
business at hand in such a manner that it
will be considered later in the meeting or at
another time ("I make a motion to table this
discussion until the next meeting. In the
meantime, we will get more information so
we can better discuss the issue.")
A second is needed and a majority vote
required to table the item being discussed.
Amend (Subsidiary Motion):
 This
is the process used to change a motion under
consideration.
 Perhaps you like the idea proposed but not
exactly as offered. Raise your hand and make the
following motion: "I move to amend the motion
on the floor."
 This
also requires a second. After the motion to
amend is seconded, a majority vote is needed to
decide whether the amendment is accepted.
 Then a vote is taken on the amended motion.
 The purpose of the motion-to-amend is to modify a
motion that has already been presented in such a
manner that it will be more satisfactory to the
members. The following are common methods of
amending:
1. By addition or insertion to add something to the
motion which it did not contain.
2. By eliminating or striking out to subtract or
eliminate something from the original motion.
3. By substitution to eliminate something from the
original motion and substitute something else in itsplace.
AN AMENDMENT MAY BE HOSTILE, BUT IT
MUST BE GERMANE.
A hostile amendment is opposed to the
spirit of the motion to which it is applied.
 Tobe germane, an amendment must have
direct bearing on the subject of the motion
to which it is applied.
 An
amendment may nullify the original
motion, but if it relates to the same subject
matter, it is germane.
 TYPES OF AMENDMENTS:
1. Amendment of the First Rank - An amendment to the motion.
2. Amendment of the Second Rank - An amendment to an
amendment, that modifies and relates directly to the amendment,
and NOT to the original motion.

NO AMENDMENT BEYOND THE SECOND RANK IS POSSIBLE.


 Ifit is desired to amend two separate and unrelated parts of a
motion, then it must be done with two amendments of the first
rank.
 Until
an amendment of the second rank is voted on no other
amendment of the second rank is in order.
 Until
the amendment of the first rank is voted upon, no other
amendment of the first rank can be proposed.
ORDER OF VOTING ON AMENDMENTS:
Amendments are voted upon in inverse order of
proposal.
1. Discussion is held and the vote is taken upon the
amendment to the amendment (Second Rank).
2. Discussion is called for and the vote is taken
upon the amendment to the motion (First Rank).
3. When the vote on the amendment has been
taken, discussion on the motion as amended is
opened and when completed, a vote is taken
upon the motion as amended.
Adjourn:

A motion is made to end the meeting.


A second motion is required.
A majority vote is then required for
the meeting to be adjourned (ended).
IN THE MEETING
Power of Chair - The Chairman has the following authority:

1) to decide in what order speakers shall be recognized


2) to refuse to recognize members offering dilatory, absurd, or
frivolous motions
3) to restrain speakers within the limits of the rules
4) to enforce good decorum
5) to appoint committees
6) to decide points of order
7) to vote in cases where the vote would make or break a tie
8) The chair should avoid influencing a vote by his own comment on a
motion.

Actions of the chair are subject to appeal.


TO INTRODUCE A MOTION:

Stand when no one else has the floor.


Address the Chair by the proper title.
Wait until the chair recognizes you.
Now that you have the floor and can
proceed with your motion say "I move
that...," state your motion clearly and sit
down.
Another member may second your motion.
A second merely implies that the seconder
agrees that the motion should come before
the assembly and not that he/she is in favor
of the motion. ·
If
there is no second, the Chair says, "The
motion is not before you at this time."
The motion is not lost, as there has been no
vote taken.

Ifthere is a second, the Chair states the


question by saying "It has been moved and
seconded that ... (state the motion). . ., is
there any discussion?"
DEBATE OR DISCUSSING THE MOTION:
 The member who made the motion is entitled
to speak first.
 Every member has the right to speak in debate.
A member who has not spoken has prior claim
over one who has already spoken.
 TheChair should alternate between those "for"
the motion and those "against" the motion.
 Thediscussion should be related to the pending
motion.
The presiding officer should recognize a
member who seldom speaks in preference to
one who frequently speaks.
Avoid using a person's name in debate.
All questions should be directed to the Chair.
Unless there is a special rule providing
otherwise, a member is limited to speak once
to a motion.
A person may speak a second time in debate
with the assembly's permission.
VOTING ON A MOTION
 Before a vote is taken, the Chair puts the question
by saying "Those in favor of the motion that ...
(repeat the motion)... say "Aye." Those opposed
say "No."
Wait, then say "The motion is carried," or "The
motion is lost."
 Some motions require a 2/3 vote. A 2/3 vote is
obtained by standing · If a member is in doubt
about the vote, he may call out "division."
A division is a demand for a standing vote.
A majority vote is more than half of the
votes cast by persons legally entitled to
vote.
 A 2/3 vote means at least 2/3 of the votes
cast by persons legally entitled to vote.
 A tie vote is a lost vote, since it is not a
majority.
Tips in Parliamentary Procedure:
The following summary will help you determine when to use the
actions described in Robert's Rules.

A main motion must be moved, seconded,


and stated by the chair before it can be
discussed.
 If
you want to move, second, or speak to a
motion, stand and address the chair.
 If you approve the motion as is, vote for it.
 If you disapprove the motion, vote against it
 If you approve the idea of the motion but want to
change it, amend it or submit a substitute for it.
 If you want advice or information to help you
make your decision, move to refer the motion to an
appropriate quorum or committee with instructions
to report back.
 If you feel they can handle it better than the
assembly, move to refer the motion to a quorum or
committee with power to act.
 If you feel that there the pending question(s)
should be delayed so more urgent business can be
considered, move to lay the motion on the table
 If you want time to think the motion over, move
that consideration be deferred to a certain time.
 If you think that further discussion is
unnecessary, move the previous question.
 If you think that the assembly should give further
consideration to a motion referred to a quorum or
committee, move the motion be recalled.
 If you think that the assembly should give further
consideration to a matter already voted upon,
move that it be reconsidered.
 If you do not agree with a decision rendered by
the chair, appeal the decision to the assembly
 If you think that a matter introduced is
not germane to the matter at hand, a
point of order may be raised.
 If you think that too much time is being
consumed by speakers, you can move a
time limit on such speeches.
 If a motion has several parts, and you
wish to vote differently on these parts,
move to divide the motion.
..............................
THE END

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