Felt’s Parliamentary Procedure

Front matter

FELT'SPARLIAMENTARYPROCEDURE

Copyrighted, 1902, by Orson B. Felt

Preface

PREFACE.

A book of reference, wherein each motion or principle of parliamentary procedure is described in a form at once compact and reliable, is a want that has long been felt. To partially meet this want by giving a condensed and complete outline of the subject, and to aid those who are not well informed, and do not wish to spare the time necessary to consult the many larger works of the kind, are the objects of this volume. Believing that few of the works published are practical for the use of beginners, and feeling the necessity for a book which is at once accurate and comprehensive, the author, after many years of both careful study and close observation, and urged by a desire to present to the public a work that will relieve the student of the labor which a thorough examination of the many authorities on parliamentary law necessarily involves, offers this little volume.

In preparing this book such well-known authorities as Reed, Cushing, Robert, Shattuck, and other kindred works have been consulted. These authorities have been carefully studied and compared, and, where they seem to conflict, preference has been given to those rules which seem most applicable and helpful to such assemblies as are not legislative.

While simplicity has been his chief aim, the author has endeavored to give a complete outline of the subject in as few words as possible, by omitting nothing which should be said and saying nothing which might be omitted, and to arrange and explain each motion in so concise a manner that any person, whether informed or not upon parliamentary law, will, after a careful perusal of the pages, be competent to take an active part in the proceedings of any deliberative assembly, or be able to preside at a public meeting with the ease and dignity expected of a presiding officer.

By explaining the reason for the rule, and by giving proper forms for presenting questions to the assembly, the author hopes to give the student information which will enable him to understand the basic principles of parliamentary law. While giving forms for stating the question, putting to vote and declaring the result, the author does not assert that said form are the best, but that they are good forms, which may be varied at the will of the chairman.

That this handbook of present procedure may be to the student a friend in need, and as such receive a kindly welcome, is the desire of the author.

O. B. F.

Parliamentary Rules

PARLIAMENTARY PROCEDURE.

PARLIAMENTARY RULES.

1. The system of rules (practiced in deliberative assembles, known as parliamentary law) had its origin, and derives its name from the method of transacting business in the English Parliament. The system used in this country acknowledges as its source the rules for conducting business in the United States House of Representatives. The original rules and forms under either system have from time to time undergone such marked changes as to be of little value, except as precedents, and, therefore, ill suited for general use.

The rules of either system, although they have arisen at different times and under many circumstances, are neither capricious nor accidental, but are founded on reason and justice. With an understanding of the rational principles which underly these numerous rules, the student cannot fail to be convinced that the system is well adapted to the purpose of guiding deliberation.

Parliamentary law is not firmly fixed, but is in continual process of development by acceptance of new usages which experience has shown to be desirable; when such usages are generally recognized as good, by having received the approval of many deliberative assemblies, they take their place as a part of the system. When a rule has been generally superceded by the adoption of another rule on the subject, the old rule ceases to be a part of the common law and the new rule takes its place. Therefore, the term “Parliamentary law” should be applied only to those rules which are in present use, or have been generally adopted by deliberative assemblies.

While the rules adopted and used by the House of Representatives are recognized authority in legislative bodies of the country, yet because it is so large a body, its business so complicated, and the supremacy of party so strong, its laws cannot always be followed as a model. It is also unwise for an ordinary society to adopt the widely differing and constantly changing rules of the various state legislatures, since in all large assemblies the deliberating is usually done by committees. Then, too, because these rules are adapted to the peculiar wants of large bodies, and are often not suitable for ordinary assemblies, it follows that legislative rules should not be appealed to as governing ordinary assemblies in every matter of detail, but only in the absence of special rules or of an adopted authority are they of any force in other assemblies.

Need of Rules

NEED OF RULES.

2. It is important that all deliberative assemblies should have certain rules for their government in debate and for directing their method of transacting business, since without rules any large assembly might become unmanageable and therefore unable to accomplish its purpose. It is therefore necessary that any deliberative assembly, to command respect, and proceed with as little discord as possible, should adopt certain rules, and conduct its business with a regard for certain forms and rules of procedure in order that the will of the majority may be carried out with due regard to the rights of the minority, and that the will of the assembly be ascertained with fair dealing.

It is not of so much importance whose or what set of rules is adopted, as that the assembly recognize and govern itself by some rule or system in conducting its business so that there may be uniformity of proceeding, decorum and regularity, and that the dignity of the body be preserved. It is therefore customary for societies to adopt some authority as a guide in its procedure. When such authority as adopted it should be closely adhered to in all cases to which it is applicable, and is not inconsistent with the organic law or special rules of the society. Any assembly may, however, modify the rules or make for its government special rules which supersede the adopted authority and common parliamentary usage in all points to which they relate, and are binding on its members so long as in force, but have no force in any assembly except that which created them. If, however, the assembly or society be a branch of a superior body, or parent organization, it cannot make a rule which conflicts with the constitution, by-laws, or rules of the parent organization, since the constitution, by-laws, etc., form the organic law of the organization, and cannot be suspended by the subordinate body. When a society has such special rules, and an adopted authority, the order of precedence is as follows:

1st. The organic law.

2nd. The special rules.

3rd. The adopted authority.

4th. Parliamentary usage.

The student should bear in mind that great care should be taken to keep the distinction clear between the organic law, special rules, and principles which are of general application, and adopted to meet the requirements of certain assemblies. In the absence of such special rules or adopted authority the common parliamentary usage governs.

Definition of Terms

DEFINITION OF TERMS.

3. In the study of this volume much misunderstanding may be avoided if the reader will bear in mind the difference in meaning and use of the following terms:

Motion. Question. Vote. A motion is the proposition submitted to the assembly. After it has been stated to the assembly by the presiding officer it becomes the question before the assembly—as it can then be answered by yea or nay. After it has been decided, it becomes the vote or expression of the will of the assembly.

Precedence. A motion is said to have precedence over another when it has priority in rank over that motion, and therefore may be brough before the assembly and be first put to vote when the motion of lower rank is pending.

Assembly. By the assembly is meant that particular collection of members, as another meeting of the same society may be attended by other members, and would be regarded as another assembly.

Pending. Ordered. A proposition or motion is said to be pending after it has been stated to the assembly by the presiding officer, and until a vote has been taken on it, or until it has been at least temporarily disposed of. After the vote on the question is taken, if in the affirmative, it is then ordered.

Yields to. When the pending motion may be forced to give way to another it is said to yield to that motion.

Applies to. One motion is said to apply to another when it may be used for the purpose of changing or disposing of it.

Meeting. Session. For a distinction between these terms see Sec. 29.

Temporary Organization

TEMPORARY ORGANIZATION.

4. Wherever a number of persons are assembled for the transaction of business the first business necessary is to organize by providing suitable officers, so that the assembly may conduct its business with dig- nity, order and harmony. As there are so many kinds of societies, organized for a variety of purposes, it is impossible to give a rule for organization applicable to all cases. In determining the organization required, much depends upon the nature of the assembly. If the society be but a branch of a parent organization, the rules for the organization of such branches are usually set forth in the constitution or regulations, which form the fundamental or organic law of that order, and the society is necessarily governed by the constitution, by-laws and rules of said order. Therefore no rule for organization that be could be given here would be applicable in such cases, except the general parliamentary rules governing the action of ordinary assemblies.

5. If the assembly is a mass meeting, or a meeting of citizens called for some particular purpose, a simple or temporary organization is all that is necessary. Since such temporary assemblies are usually called together for some temporary purpose and their members are not responsible to a con- stituency and therefore need no credentials; they transact the business for which they have assembled, and then adjourn, to meet at some future time, or dissolve by adjournment without day. At such assemblies all who respond constitute the meeting, and shortly after the time set in the call for the meeting arrives, some person who has been instrumental in calling the meeting will rise, face the assembly, and say the meeting has been called, and either nominate some person present for chairman, or call for nominations for chairman.

6. While it is customary for some friend of the nominee to second the nomination, such a nomination does not require to be seconded, for the reason that it is the inseparable right of any member to nominate and to vote for one of his own choice, whether any one else coincides or not, and for the further reason that a nomination for office (unless by special rule of the assembly) is not an essential preliminary to voting, because it cannot control the right of voting for one not nominated, and for the further reason that a majority of the votes cast (unless there is a by-law, rule, or constitutional provision which provides otherwise) always elects, whether the person so elected has been nominated or not. A second, however, especially when done with a speech, is supposed to add force or weight, particularly in large assemblies. If the nomination is made in the form of a motion, for example, “I move that Mr. A. act as secretary,” said motion should be treated as a nomination only be the chair saying, “Mr. A. is nominated, Are there any other nominations?” Further nominations are not entitled to be first put to a vote, as in case of amendments.

7. A motion to close nominations is in order after every member who so desires has had an opportunity to make his nomination, but not until then. However, the closing of nominations, does not preclude voting for persons not nominated, and, moreover, it is in order at any time between ballots to move to reopen the nominations.

Let us suppose that Mr. A. has been nominated for chairman. The member calling the meeting to order will say, “Mr. A. has been nominated for chairman. Are there any other nominations?” (After a short pause for other nominations) he will say: “As many as are in favor of Mr. A. for chairman say Aye. Those opposed No. If the ayes be in majority he will declare Mr. A. elected, and invite him to the chair. If the noes are in the majority he will say, “The noes have it; there is no election. Nominations are again in order.”

8. If more than one name be placed in nomination the acting chairman should put the name he first hears, and if the vote be in the negative, the next name is proposed, and so on until a choice is effected.

After the chairman has been selected he takes the chair and proceeds to complete the organization by the election of a secretary and such other officers, if any, as are deemed necessary. These selections are usually made in the same manner as the chairman, except that after the chairman has been elected he has the power of recognition in deciding who has the floor; therefore, when a member desires to make a nomination, motion, or to offer any business he must first obtain the floor. (See section 23.)

In most cases this temporary organization is all that is necessary, and after it is effected the business for which the meeting has been called should be introduced by a resolution, or motion made by some member of the assembly.

Permanent Organization

PERMANENT ORGANIZATION.

9. If the society is to be a permanent one the presiding officer is usually called the president. A vice president is also elected, to preside in the absence of the president; a secretary to keep a record of the doings of the society, and such other officers as are necessary to properly perform the duties required by the organization. In such cases immediately after the temporary organization, as described in section 5, has

been completed, a carefully selected committee should be appointed to draft a constitution, by-laws and rules. This should be presented at a full meeting of the society, and after amendment, if necessary, of the several sections, should be adopted as a whole. The constitution and by-laws, after adoption, constitute the organic law of the society, and must be strictly adhered to.

10. The constitution should only contain such fundamental rules as the society will never need to suspend, to-wit: The name of the society; the purpose for which the society was organized; eligibility to membership; the officers of the society; their duties; how elected; how vacancies may be filled, etc., and should be so carefully drawn as to avoid the necessity of frequent amendment. Such amendments should be made difficult by requiring that notice of any proposed amendment be submitted in writing at a regular meeting, also requiring previous notice to all members of the proposed amendment at a certain meeting and by making a two-thirds vote necessary to carry such amendment. The constitution should be adopted before the permanent officers are elected, and after such adoption to opportunity should be given all to sign. This act makes them members of the society or organization, since only those who have fulfilled this requirement are members and allowed to vote.

11. The by-laws should contain nothing which conflicts, in any way, with the constitution, and may include such matters as initiation fee, dues, rules for government of the society's affairs, number necessary to constitute a quorum, time and place of meeting, how special meetings may be called, business which may be transacted at such special meetings. Amending the by-laws should also be made difficult by placing it out of the power of any one meeting to modify them by requiring previous notice; also by making a two-thirds vote necessary for adoption. It should be remembered, however, that while an amendment to the constitution or by-laws requires previous notice and a two-thirds vote, either the constitution or the by-laws before adoption may be amended by a majority vote.

12. Standing Rules should not conflict with either the constitution or by-laws, and are of less importance than the by-laws, and are subject to the will of a majority at a regular meeting. They should be binding upon the society until rescinded; but may be suspended, modified, or rescinded at any regular meeting by a majority vote. Societies usually prescribe methods for amending their constitution, by-laws and rules. When such methods are not provided, parliamentary law regulates such action.

13. In conventions or assemblies, whose members claim their seats by virtue of an election by their constituents, or by appointment, or on the ground of conformity to some requirement, and the membership may not be known, or is in dispute, it becomes necessary to know who are properly members of the assembly before a permanent organization can be effected, as it is evident they cannot fully organize until the question of membership is settled, since only members have the right to participate in the proceedings of the assembly. In such cases it is customary to first effect a temporary organization by electing temporary officers, as described in section 4. The chairman of such temporary organization then appoints a committee on credentials to examine into and report upon the evidences of election, or the validity of the credentials, of those claiming seats as members. This committee will, after consultation, report as to who are entitled to seats in the assembly, or the committee will report disputed cases with recommendations. These disputed cases will be decided by the assembly.

14. If a delegate's right to membership is questioned he is entitled to a hearing by the committee on credentials, or by the convention before the final vote is taken. Only those whose credentials are not disputed have a right to vote. After the membership has been decided, the assembly will, by vote, perfect the organization by making the temporary officers the permanent, or by electing permanent officers, or by appointing a committee to nominate permanent officers, to be approved by the assembly. As soon as the permanent officers are elected the temporary officers retire, the permanent officers taking their places and the assembly is fully organized for business.

Duties of a Presiding Officer

DUTIES OF A PRESIDING OFFICER.

15. It is the duty of the presiding officer of an assembly to call the meeting to order promptly at the proper time, ascertain if a quorum (45) is present, announce the business in its order before the assembly, receive and submit all motions or business regularly presented by the members, put to vote and announce the result on all questions before the assembly, and conduct the proceedings in accordance with parliamentary procedure and its own rules. While being careful not to be too strict, he should require that the rules of the society be complied with; that all debate be confined to the question before the assembly and he should be ready at all times to interfere for the preservation of order.

16. As the order and decorum of an assembly often depends more upon the con- duct of the presiding officer than upon any other condition, it therefore follows that in order to have perfect control of the assembly he should be able to control himself, pay strict attention to all debate, be ready to answer all parliamentary inquiries and to explain the parliamentary effect of proposed acts of the assembly. Remembering always that he is not the autocrat, but the servant of the assembly, subject always to its control, and he should be ready at all times to obey its commands, since if he abuses his authority the assembly has power to censure, reprimand or, (unless the term of office be fixed by higher authority) to remove him from office for violation of the rules or for misconduct while in office.

17. When a motion has been made and seconded it is the duty of the presiding officer (of the motion is in order) to state the question so that the members may know what question is before them. The question should be stated in the form in which it will appear in the minutes (21) if it passes in the affirmative. The chair should state the motion in language as near to the original as possible; he may, however, suggest any necessary correction in its wording before stating it to the assembly.

18. While the presiding officer unquestionably has the right to participate in debate (after first calling a member to the chair) he should rarely exercise that right, because by virtue of his position he has great power over the assembly and great influence in debate, and when he takes the floor he cannot divest himself of that power or influence. Therefore, after having taken part in debate, common courtesy to the assembly requires that he do not resumes the chair until the question to which he has spoken is disposed of.

Duties of the Secretary

DUTIES OF THE SECRETARY.

19. It is the duty of the secretary to keep a correct record of the proceedings of the assembly. The character of this record depends upon the kind of meeting and upon the nature of the society. In ordinary societies where the minutes are not published

it is only necessary that he record what is done—what business is introduced and how it is disposed of. It is often as important to know what measures were introduced and rejected as what ones were adopted. What is said by the members or merely proposed, or moved without coming to a vote, has no place in the record. There are, however, assemblies in which it is necessary to know what is said as well as what is done. In such assemblies where the duties of the secretary are difficult, he should have one or more assistants. When more than one secretary is elected the one first elected is considered the secretary, the others his assistants.

20. In the absence of the presiding officer (if there be no vice presidents present) it is the duty of the secretary to call the meeting to order, state the fact of the presiding officer's absence, call for nominations and preside at the election of a temporary presiding officer. He should be attentive to his duties, capable of expressing himself accurately in writing, be a good reader with a voice strong enough to be heard in all parts of the place of meeting. He should have charge of all papers and documents of every description belonging to the assembly and not otherwise assigned. He should notify members of their appointment on committees; also of the the purpose of their appointment, and give to the chairman of such committee the names of the members of the committee and all papers, if any, referred to it. He should keep for the convenience of the presiding officer a record of all committees which are expected to report, and of the time when such report is due; also of all unfinished business which should come up before that meeting. He should generally attend to all the clerical work of the presiding officer and authenticate by his signature all the acts or proceedings of the assembly.

Minutes

MINUTES.

21. The minutes are the record of the doings of the assembly, as noted by the clerk or secretary, and ought to be approved or corrected, if necessary, at the next succeeding meeting. If the adjourn- ment is without day, or if the next meeting will not occur for a long time, it is customary to have the minutes read for correction and approved before adjournment in order that the report may be corrected if necessary, while the transactions are fresh in the memory of the members.

Such corrections before approval should be only for the purpose of correcting errors of the secretary, and not for changing or attempting in any way to alter the record of the action of that meeting. Since the record is the legal evidence of the proceedings of the society it should be a correct transcript of what was done, no matter how objectionable.

If, however, it is found that an error has been made in the record it is in order at any time to correct it, even after approval, for there is no limit of time for such a correction.

22. If the society at a previous meeting had taken action which is found to be unwise or inexpedient the assembly should not expunge from the minutes the record of such action. It may, however, take steps toward rescinding or repealing, since if an error has been committed it may be rectified by another act, but the record should not falsified by striking out business that actually occurred, or by inserting business that did not occur. Therefore, if the assembly wishes to annul some action previously taken the proper course to pursue is to rescind the objectionable act. If, however, any improper motion has been made or improper or indecorous language used the assembly may at once order such motion or words expunged from the minutes.

How to Obtain the Floor

HOW TO OBTAIN THE FLOOR.

23. Whenever a member desires to introduce any business or to speak to the question before the assembly, it is necessary to first obtain the floor. In order to do this he rises in his place and addresses the presiding officer by his official title, as “Mr. Chairman,” or “Mr. President,” and awaits recognition. When offering a motion or

when desiring the floor for any purpose the speaker, after addressing the chair, should remain standing and silent until recognized by the chair. This recognition is shown by the chairman calling the name of the member, or by some sign of recognition, which signifies to the assembly who has the floor. (For exceptions see Sec. 79). If more than one member asks the floor at the same time, upon the chair's decision as to which is entitled to the floor, all others should be seated and await another opportunity. If, however, any member considers himself aggrieved by the decision it is his privilege to appeal (124) to the assembly.

24. Upon recognition by the chairman the member is entitled to the floor and states his proposition, business of motion, which must be reduced to writing, if requested by the chairman. Until the member has the floor the introduction of any business is not in order. After the member has the floor he cannot be interrupted by calls for the question, or by a motion to adjourn, or for any purpose by either the chairman or any member, so long as he keeps within the rules of the assembly, except to have entered on the minutes a motion to reconsider (135), by a call to order (32), by an objection to the consideration of the question (126), by a call for the orders of the day (89), or by a question of privilege requiring immediate action (87).

Seconding a Motion

SECONDING A MOTION.

25. After a motion has been made it should have the support of another member (to assure the assembly it has more than one supporter, and is worthy of consideration), who rises in his place and without waiting for recognition says: “I second the motion.” There are many reasons why a member should rise in seconding a motion. Among these reasons may be mentioned that it bars a non-member

from seconding a motion, and also where a record is kept of those who second as well as of as of those who make motions, it enable the secretary to see who seconds the motion.

26. In many assemblies too much importance is placed on the formality of seconding motions. This is contrary to the principle that every member has a right introduce any proper business and gave it acted upon by the assembly. Furthermore, if the presiding officer is a member of the assembly, he has a right to second it, and if the motion is put without a second he is understood to second it. If, however, a formal second is insisted upon, the chair may inquire if the motion is seconded before stating it to the assembly, but it is not his duty to inquire if the motion is seconded. However, if a second is insisted upon, the motion is not before the assembly for consideration or debate until it has been seconded and stated to the assembly by the presiding officer. Until that time in relation to it, or debate it, or to ask the floor for either purpose. Until the presiding officer has stated it to the assembly, the member offering the motion may modify it, or, with the consent of the seconder, he may even withdraw it entirely. When the mover modifies his motion, the member who seconded it may withdraw his second. On the other hand, after it has been stated by the chair, the question is in the possession of the assembly to adopt, postpone, modify, reject or suppress according to its pleasure, and cannot be withdrawn except by unanimous consent of the assembly, or by a motion and vote granting leave to withdraw (37), nor can it be modified except by unanimous consent, or by the regular process of amendment (106). The proposition thus before the assembly is called the “main or principal question.”

Main Question

MAIN QUESTION.

27. The main or principal question is any particular subject brought before the assembly for its consideration. It takes precedence of nothing except another principal question, and therefore cannot be in- troduced when any question is before the assembly. In order to insure correctness instating, and to prevent a misunderstanding of a complicated motion, the mover of any principal motion or resolution must (if requested by the presiding officer) submit it in writing. It requires to be seconded (for exceptions see Sec. 76), and is not before the assembly for debate until it has been stated by the chair.