Chapter XIII: Part I: Rules of Order (7)
In large assemblies, such as the U. S. House of Representatives, where a member can speak to any question only once, the committee of the whole seems almost a necessity, as it allows the freest discussion of a subject, while at any time it can rise and thus bring into force the strict rules of the assembly. In small assemblies it is usually more convenient to substitute for it either the “Quasi (as if in) Committee of the Whole,” as used in the U. S. Senate, or “Informal Consideration,” as frequently used in ordinary societies. These are explained in the next two sections.
=56. As if in (or Quasi) Committee of the Whole= is used in the U. S. Senate instead of the committee of the whole, and is more convenient in small assemblies. The motion should be made in a form similar to this: “I move that the resolution be considered as if in committee of the whole.” This being adopted, the question is open to debate and amendment with all the freedom of the committee of the whole. The presiding officer, however, retains the chair, instead of appointing a chairman as is done when the assembly goes into committee of the whole. If any motion is adopted, except an amendment, it puts an end to the quasi committee of the whole. Thus, the motion to commit is equivalent to the following motions when in committee of the whole: (1) That the committee rise; (2) that the committee of the whole be discharged from the further consideration of the subject; and (3) that it be referred to a committee. When the assembly has finished amending the proposition under consideration, without further motion the chairman announces that, “The assembly, acting as if in committee of the whole, has had such subject under consideration, and has made certain amendments,” which he then reports. The subject comes before the assembly then as if reported by a committee, the chair stating the question on the amendments as described at the close of the previous section under committee of the whole. The secretary should keep a memorandum of the proceedings while acting as if in committee of the whole, but it should not be entered in the minutes, being only for temporary use. The chairman’s report to the assembly should be entered in the minutes, as it belongs to the assembly’s proceedings.
=57. Informal Consideration.= In ordinary societies the meetings of which are not large, instead of going into committee of the whole, or considering questions as if in committee of the whole, it is more usual to consider the question informally. The motion is made thus: “I move that the question be considered informally.” The effect of the adoption of this motion is to open the main question and any amendments that may be proposed, to free debate as if in committee of the whole. No member can speak the second time to the same question as long as a member who has not spoken desires the floor. This informal consideration applies only to the main question and its amendments, so that any other motion that is made is under the regular rules of debate. While considering a question informally the assembly by a two-thirds vote may limit the number or length of speeches, or in any other way limit or close the debate. While the consideration of the main question and its amendments is informal, all votes are formal, the informality applying only to the number of speeches allowed in debate. The instant the main question is disposed of temporarily, or permanently, the informal consideration automatically ceases without any motion or vote.
If the question is considered in either the regular committee of
the whole or the quasi committee of the whole, it is necessary
formally to report the action to the assembly and then take action
on the report. Thus, it will be seen that informal consideration is
much simpler than either of the methods described in the previous
two sections. It can be used to advantage in assemblies that are
not very large, instead of the committee of the whole. While this
is not a motion to commit, yet it is used for practically the same
purpose as the committee of the whole. It ranks just below the
motion “to consider as if in committee of the whole,” which is just
below “to go into committee of the whole.”
Art. X. The Officers and the Minutes.
PAGE
=58.= Chairman or President =236=
=59.= Secretary or Clerk =244=
=60.= The Minutes =247=
=61.= Executive Secretary =250=
=62.= Treasurer =251=
=58. Chairman or President.= The presiding officer, when no special title has been assigned him, is ordinarily called the Chairman, or the President, or, especially in religious assemblies, the Moderator. In organized societies the constitution always prescribes his title, that of President being most common. In debate he is referred to by his official title and is addressed by prefixing Mr. or Madam, as the case may be, to that title. In referring to himself he should never use the personal pronoun; he generally says, “the chair,” which means the presiding officer of the assembly, regardless of whether his position is permanent or temporary. If his position is only temporary he is called the chairman.
His duties are generally as follows: To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon [=65=]; to recognize members entitled to the floor [=3=]; to state [=6=] and to put to vote [=9=] all questions which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from annoyance from evidently frivolous or dilatory motions by refusing to recognize them [=40=]; to assist in the expediting of business in every way compatible with the rights of the members, as by allowing brief remarks when undebatable motions are pending, if he thinks it advisable; to restrain the members when engaged in debate, within the rules of order; to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the question for the decision of the assembly [=21=]; to inform the assembly, when necessary, or when referred to for the purpose, on a point of order or practice pertinent to pending business; to authenticate, by his signature, when necessary, all the acts, orders, and proceedings of the assembly declaring its will and in all things obeying its commands.
In case of fire, riot, or very serious disorder, or other great emergency, the chair has the right and the duty to declare the assembly adjourned to some other time (and place if necessary), if it is impracticable to take a vote, or in his opinion, dangerous to delay for a vote.
The chairman should rise to put a question to vote, except in very small assemblies, such as boards or committees, but may state it sitting; he should also rise from his seat (without calling any one to the chair) when giving his reasons for his decision upon a point of order, or when speaking upon an appeal, which he can do in preference to other members. During debate he should be seated and pay attention to the speaker, who is required to address his remarks to the presiding officer. He should always refer to himself as “the chair,” thus, “The chair decides,” etc., not “I decide,” etc. When a member has the floor, the chairman cannot interrupt him excepting as provided in =3=, so long as he does not transgress any of the rules of the assembly.
If a member of the assembly, he is entitled to vote when the vote is by ballot (but not after the tellers have commenced to count the ballots), and in all other cases where the vote would change the result. Thus, in a case where a two-thirds vote is necessary, and his vote thrown with the minority would prevent the adoption of the question, he can cast his vote; so, also, he can vote with the minority when it will produce a tie vote and thus cause the motion to fail; but he cannot vote twice, first to make a tie, and then to give the casting vote. Whenever a motion is made referring to the chairman only, or which compliments or condemns him with others, it should be put to vote by the Vice President if in the room, or by the Secretary, or on their failure to do so, by the maker of the motion. The chair should not hesitate to put the question on a motion to appoint delegates or a committee on account of his being included.
The chairman cannot close debate unless by order of the assembly, which requires a two-thirds vote; nor can he prevent the making of legitimate motions by hurrying through the proceedings. If members are reasonably prompt in exercising their right to speak or make motions, the chair cannot prevent their doing so. If he has hurriedly taken and announced a vote while a member is rising to address the chair, the vote is null and void, and the member must be recognized. On the other hand the chairman should not permit the object of a meeting to be defeated by a few factious persons using parliamentary forms with the evident object of obstructing business. In such a case he should refuse to entertain the dilatory or frivolous motion, and, if an appeal is taken, he should entertain it, and, if sustained by a large majority he may afterwards refuse to entertain even an appeal made by the faction when evidently made merely to obstruct business. But the chair should never adopt such a course merely to expedite business, when the opposition is not factious. It is only justifiable when it is perfectly clear that the opposition is trying to obstruct business. [See Dilatory Motions, =40=].
If it is necessary for the chairman to vacate the chair the first Vice President, if there is one, should take the chair, and in his absence the next one in order should take it. If there is no vice president in the hall, then the chairman may, if it is necessary to vacate the chair, appoint a chairman _pro tem._, but the first adjournment puts an end to the appointment, which the assembly can terminate before, if it pleases, by electing another chairman. But the regular chairman, knowing that he will be absent from a future meeting, cannot authorize another member to act in his place at such meeting; the secretary, or, in his absence, some other member should in such case call the meeting to order, and a chairman _pro tem._ be elected who would hold office during that session, unless such office is terminated by the entrance of the president or a vice president, or by the election of another chairman _pro tem._, which may be done by a majority vote.
The chairman sometimes calls a member to the chair and takes part in the debate. This should rarely be done, and nothing can justify it in a case where much feeling is shown and there is a liability to difficulty in preserving order. If the chairman has even the appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question. There is nothing to justify the unfortunate habit some chairmen have of constantly speaking on questions before the assembly, even interrupting the member who has the floor. One who expects to take an active part in debate should never accept the chair, or at least should not resume the chair, after having made his speech, until after the pending question is disposed of.{43} The presiding officer of a large assembly should never be chosen for any reason except his ability to preside.
{43} “Though the Speaker (Chairman) may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject except where the House have occasion for facts within his knowledge: then he may, with their leave, state the matter of fact.” [Jefferson’s Manual, sec. XVII.]
“It is a general rule in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other proceedings, in any other capacity than as such officer. He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it necessary to do so; and, on appeals from his decision on questions of order, to address the assembly in debate.” [Cushing’s Manual, §202.]
The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity thereto, but he should be a man of executive ability, capable of controlling men. He should set an example of courtesy, and should never forget that to control others it is necessary to control one’s self. A nervous, excited chairman can scarcely fail to cause trouble in a meeting. No rules will take the place of tact and common sense on the part of the chairman. While usually he need not wait for motions of routine, or for a motion to be seconded when he knows it is favored by others, yet if this is objected to, it is safer instantly to require the forms of parliamentary law to be observed. By general consent many things can be done that will save much time [see page 202], but where the assembly is very large, or is divided and contains members who are habitually raising points of order, the most expeditious and safe course is to enforce strictly all the rules and forms of parliamentary law. He should be specially careful after every motion is made and every vote is taken to announce the next business in order. Whenever an improper motion is made, instead of simply ruling it out of order, it is well for the chairman to suggest how the desired object can be accomplished. [See “Hints to Inexperienced Chairman” below.]
The by-laws sometimes state that the president shall appoint all committees. In such case the assembly may authorize committees, but cannot appoint or nominate them. The president, however, cannot appoint any committees except those authorized by the by-laws or by a vote of the assembly. Sometimes the by-laws make the president ex-officio a member of every committee. Where this is done he has the rights of other members of the committees but not the obligation to attend every committee meeting. [See =51=.]
A chairman will often find himself perplexed with the difficulties attending his position, and in such cases he will do well to remember that parliamentary law was made for deliberative assemblies, and not the assemblies for parliamentary law. This is well expressed by a distinguished English writer on parliamentary law, thus: “_The great purpose of all rules and forms is to subserve the will of the assembly rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberative sense._”
_Additional Duties of the President of a Society, and the Vice Presidents._ In addition to his duties as presiding officer, in many societies the president has duties as an administrative or executive officer. Where this is desired, the by-laws should clearly set forth these duties, as they are outside of his duties as presiding officer of the assembly, and do not come within the scope of parliamentary law.
The same is true of vice presidents. Sometimes they have charge of different departments of work, and they should be chosen with those duties in view as prescribed by the by-laws. It must not be forgotten that in the case of the absence of the president the first vice president must preside, and in case of the illness or resignation or death of the president that the first vice president becomes president for the unexpired term, unless the rules specify how vacancies shall be filled. In such case the second vice president becomes the first, and so on. It is a mistake to elect a vice president who is not competent to perform the duties of president.
=Hints to Inexperienced Chairmen.= While in the chair, have beside you your Constitution, By-laws, and Rules of Order, which should be studied until you are perfectly familiar with them. You cannot tell the moment you may need this knowledge. If a member asks what motion to make in order to attain a certain object, you should be able to tell him at once. [=10=]. You should memorize the list of ordinary motions arranged in their order of precedence [page 7, and should be able to refer to the Table of Rules [page 8] so quickly that there will be no delay in deciding all points contained in it. Become familiar with the first ten sections of these Rules; they are simple, and will enable you more quickly to master parliamentary law. Read carefully sections =69-71=, so as to become accustomed to the ordinary methods of conducting business in deliberative assemblies. Notice that there are different ways of doing the same thing, all of which are allowable.
You should know all the business to come regularly before the meeting, and call for it in its regular order. Have with you a list of members of all committees, to guide you in nominating new committees.
When a motion is made, do not recognize any member or allow any one to speak until the motion is seconded and you have stated the question; or, in case of there being no second and no response to your call for a second, until you have announced that fact; except in case of a main motion before it is seconded or stated some one rises and says he rises to move a reconsideration, or to call up the motion to reconsider, or to move to take a question from the table. In any of these cases you should recognize the interrupting member as entitled to the floor [=3=]. If you have made a mistake and assigned the floor to the wrong person, or recognized a motion that was not in order, correct the error as soon as your attention is called to it. So, when a vote is taken, announce the result and also what question, if any, is then pending, before recognizing any member that addresses the chair. Never wait for mere routine motions to be seconded, when you know no one objects to them. [See =8=.]
If a member ignorantly makes an improper motion, do not rule it out of order, but courteously suggest the proper one. If it is moved “to lay the question on the table until 3 P.M.,” as the motion is improper, ask if the intention is “to postpone the question to 3 P.M.;” if the answer is yes, then state that the question is on the postponement to that time. If it is moved simply “to postpone the question,” without stating the time, do not rule it out of order, but ask the mover if he wishes “to postpone the question indefinitely” (which kills it), or “to lay it on the table” (which enables it to be taken up at any other time); then state the question in accordance with the motion he intended to make. So, if after a report has been presented and read, a member moves that “it be received,” ask him if he means to move “its adoption” (or “acceptance,” which is the same thing), as the report has been already received. No vote should be taken on receiving a report, which merely brings it before the assembly, and allows it to be read, unless some one objects to its reception.
The chairman of a committee usually has the most to say in reference to questions before the committee; but the chairman of an ordinary deliberative assembly, especially a large one, should, of all the members, have the least to say upon the merits of pending questions.
Never interrupt members while speaking, simply because you know more about the matter than they do; never get excited; never be unjust to the most troublesome member, or take advantage of his ignorance of parliamentary law, even though a temporary good is accomplished thereby.
Know all about parliamentary law, but do not try to show off your knowledge. Never be technical, or more strict than is absolutely necessary for the good of the meeting. Use your judgment; the assembly may be of such a nature through its ignorance of parliamentary usages and peaceable disposition, that a strict enforcement of the rules, instead of assisting, would greatly hinder business; but in large assemblies, where there is much work to be done, and especially where there is liability to trouble, the only safe course is to require a strict observance of the rules.
=59. Secretary, or Clerk.= The recording officer is variously called Clerk, or Secretary, or Recording Secretary (where there is also a Corresponding Secretary), or Recorder, or Scribe, etc. The secretary is the recording officer of the assembly and the custodian of its records except such as are specifically assigned to others, as the treasurer’s books. These records are open, however, to inspection by any member at reasonable times, and where a committee needs any records of a society for the proper performance of its duties, they should be turned over to its chairman. The same principle applies in boards and committees, their records being accessible to members of the board or committee, as the case may be, but to no others.
In addition to keeping the records of the society and the minutes of the meetings, it is the duty of the secretary to keep a register, or roll, of the members and to call the roll when required; to notify officers, committees, and delegates of their appointment, and to furnish committees with all papers referred to them, and delegates with credentials; and to sign with the president all orders on the treasurer authorized by the society, unless otherwise specified in the by-laws. He should also keep one book in which the constitution, by-laws, rules of order, and standing rules should all be written, leaving every other page blank; and whenever an amendment is made to any of them, in addition to being recorded in the minutes it should be immediately entered on the page opposite to the article amended, with a reference, in red ink, to the date and page of the minutes where it is recorded.
In addition to the above duties, when there is only one secretary, it is his duty to send out proper notices of all called meetings, and of other meetings when necessary, and to conduct the correspondence of the society, except as otherwise provided. Where there is a _Corresponding Secretary_ these duties devolve on him, as well as such others as are prescribed by the by-laws. The by-laws should always clearly define the additional duties of the corresponding secretary if any are to be imposed on him. When the word “secretary” is used it always refers to the recording secretary if there is more than one.
The secretary should, previous to each meeting, for the use of the chairman, make out an order of business [=65=], showing in their exact order what is necessarily to come before the assembly. He should also have, at each meeting, a list of all standing committees, and such special committees as are in existence at the time, as well as the by-laws of the organization and its minutes. His desk should be near that of the chairman, and in the absence of the chairman (if there is no vice president present), when the hour for opening the session arrives, it is his duty to call the meeting to order, and to preside until the election of a chairman _pro tem._, which should take place immediately. He should keep a record of the proceedings, stating what was done and not what was said, unless it is to be published, and never making criticisms, favorable or otherwise, on anything said or done. This record, usually called the minutes, is kept as explained in the next section. When a committee is appointed, the secretary should hand the names of the committee, and all papers referred to it, to the chairman of the committee, or some other of its members. He should indorse on the reports of committees the date of their reception, and what further action was taken upon them, and preserve them among the records, for which he is responsible. It is not necessary to vote that a report be “placed on file,” as that should be done without a vote, except in organizations that habitually keep no records except their minutes and papers ordered on file.
=60. The Minutes.= The record of the proceedings of a deliberative assembly is usually called the Minutes, or the Record, or the Journal. The essentials of the record are as follows: (_a_) the kind of meeting, “regular” (or stated) or “special,” or “adjourned regular” or “adjourned special”; (_b_) name of the assembly; (_c_) date of meeting and place, when it is not always the same; (_d_) the fact of the presence of the regular chairman and secretary, or in their absence the names of their substitutes; (_e_) whether the minutes of the previous meeting were approved, or their reading dispensed with, the dates of the meetings being given when it is customary to occasionally transact business at other than the regular business meetings; (_f_) all the main motions (except such as were withdrawn) and points of order and appeals, whether sustained or lost, and all other motions that were not lost or withdrawn; (_g_) and usually the hours of meeting and adjournment, when the meeting is solely for business. Generally the name is recorded of the member who introduced a main motion, but not of the seconder.
In some societies the minutes are signed by the president in addition to the secretary, and when published they should always be signed by both officers. If minutes are not habitually approved at the next meeting, then there should be written at the end of the minutes the word “Approved” and the date of the approval, which should be signed by the secretary. They should be entered in good black ink in a well-bound record-book.{44}
{44} In many organizations it is preferable for the secretary to keep his original pencil notes in a pocket memorandum book which he carries to every meeting, and these original notes, as corrected, are approved and then copied into the permanent records. This plan usually results in neater records, but the original notes should be kept until they are carefully compared with the permanent records. In such case it is better to have the minutes signed by both president and secretary as a guarantee against errors in copying.
The _Form_ of the _Minutes_ may be as follows:
At a regular meeting of the M. L. Society, held in their hall, on
Thursday evening, March 19, 1914, the president in the chair, and
Mr. N acting as secretary, the minutes of the previous meeting
were read and approved. The Committee on Applications reported
the names of Messrs. C and D as applicants for membership, and on
motion of Mr. F they were admitted as members. The committee
on ...... reported through Mr. G a series of resolutions, which were
thoroughly discussed and amended, and finally adopted, as follows:
_Resolved_, That......
On motion of Mr. L the society adjourned at 10 P.M.
R...... N......
_Secretary._
In keeping the minutes, much depends upon the kind of meeting, and whether the minutes are to be published. In the meetings of ordinary societies and of boards of managers and trustees, there is no object in reporting the debates; the duty of the secretary, in such cases, is mainly to record what is “done” by the assembly, and not what is said by the members. He should enter the essentials of a record, as previously stated, and when a count has been ordered or where the vote is by ballot, he should enter the number of votes on each side; and when the voting is by yeas and nays he should enter a list of the names of those voting on each side. The proceedings of the committee of the whole, or while acting as if in committee of the whole, should not be entered in the minutes, but the report of the committee should be entered. When a question is considered informally, the proceedings should be kept as usual, as the only informality is in the debate. If a report containing resolutions has been agreed to, the resolutions should be entered in full as finally adopted by the assembly, thus: “The committee on ...... submitted a report with a series of resolutions which, after discussion and amendment, were adopted as follows:” then should be entered the resolutions as adopted. Where the proceedings are published, the method shown further on should be followed. If the report is of great importance the assembly should order it “to be entered on the minutes,” in which case the secretary copies it in full upon the record.
Where the regular meetings are held weekly, monthly, or quarterly, the minutes are read at the opening of each day’s meeting, and, after correction, should be approved. Where the meetings are held several days in succession with recesses during the day, the minutes are read at the opening of business each day. If the next meeting of the organization will not be held for a long period, as six months or a year, the minutes that have not been read previously should be read and approved before final adjournment. If this is impracticable, then the executive committee, or a special committee, should be authorized to correct and approve them. In this case the record should be signed as usual, and after the signatures the word “Approved,” with the date and the signature of the chairman of the committee authorized to approve them. At the next meeting, six months later, they need not be read, unless it is desired for information, as it is too late to correct them intelligently. When the reading of the minutes is dispensed with they can afterwards be taken up at any time when nothing is pending. If not taken up previously, they come before the assembly at the next meeting before the reading of the later minutes. With this exception the motion to dispense with reading the minutes is practically identical with the motion to lay the minutes on the table, being undebatable and requiring only a majority vote. The minutes of a secret meeting, as for the trial of a member, should not be read at a meeting that is open to the public, if the record contains any of the details of the trial that should not be made public.
_Minutes to be Published._ When the minutes are to be published, in addition to the strict record of what is done, as heretofore described, they should contain a list of the speakers on each side of every question, with an abstract of all addresses, if not the addresses in full, when written copies are furnished. In this case the secretary should have an assistant. With some annual conventions it is desired to publish the proceedings in full. In such cases it is necessary to employ a stenographer as assistant to the secretary. Reports of committees should be printed exactly as submitted, the minutes showing what action was taken by the assembly in regard to them; or, they may be printed with all additions in italics and parts struck out enclosed in brackets, in which case a note to that effect should precede the report or resolutions. In this way the reader can see exactly what the committee reported and also exactly what the assembly adopted or endorsed.
=61. The Executive Secretary= is usually a salaried officer paid to give up all his time to the work as executive officer, or general manager, of an organization under a board of managers and an executive committee [=50=]. In some organizations this officer is called Corresponding Secretary, but the title of corresponding secretary does not carry with it any duty except that of conducting the correspondence of the society as explained on page 246, unless it is prescribed by the by-laws. The office of the executive secretary is usually the only office of the organization, and there the Executive Committee meets and transacts its business. The board of managers in such cases is usually large and so scattered as never to have regular meetings oftener than quarterly. When the organization is a national one it usually meets just before the annual convention, when it hears the annual report, prepared by the executive secretary and previously adopted by the executive committee, and acts upon it. The new board meets immediately after the convention, and organizes, elects an executive committee and an executive secretary, when so authorized by the by-laws, and decides upon the general policy for the year, leaving the details to the executive committee and the executive secretary. The board rarely meets oftener than once or twice in addition to the meetings in connection with the annual meeting, special meetings, however, being called, when required, as provided by its by-laws. In some organizations the executive secretary is elected by the convention. He is usually ex-officio secretary of the executive committee. The members of the executive committee giving their time gratuitously, it is the duty of the executive secretary to prepare for the committee all business that has not been assigned to others, and to see that all its instructions are carried out. He is expected to recommend plans of work and conduct the business generally, under the executive committee, and prepare the annual report, which, after being adopted by the executive committee, should be adopted by the board, whose report it is, and then be submitted to the convention.
=62. Treasurer.= The duties of this officer vary in different societies. In probably the majority of cases he acts as a banker, merely holding the funds deposited with him and paying them out on the order of the society signed by the president and the secretary. He is always required to make an annual report, and in many societies he also makes a quarterly report which may be in the form given below. If the society has auditors the report should be handed to them, with the vouchers, in time to be audited before the meeting. The auditors having certified to its correctness, submit their report, and the chair puts the question on adopting it, which has the effect of approving the treasurer’s report, and relieving him from responsibility in case of loss of vouchers, except in case of fraud. If there are no auditors the report when made should be referred to an auditing committee, who should report on it later.
It should always be remembered that the financial report is made for the information of members. The details of dates and separate payments for the same object are a hindrance to its being understood, and are useless, as it is the duty of the auditing committee to examine into details and see if the report is correct. The best form for these financial reports depends upon the kind of society, and is best determined by examining those made in similar societies. The following brief report is in a form adapted to many societies where the financial work is a very subordinate part of their work:
REPORT OF THE TREASURER OF THE M. L. SOCIETY
FOR THE QUARTER ENDING MARCH 31, 1914.
_Receipts._
Balance on hand January 1, 1914 $ 25.75
Initiation fees $ 50.00
Members’ dues 150.00
Fines 10.50 210.50
------- -------
Total $236.25
=======
_Disbursements._
Rent of Hall $80.00
Electric lights 22.00
Stationery and Printing 15.00
Repair of Furniture 10.00
Janitor 60.00 $187.00
-------
Balance on hand March 31, 1914. 49.25
-------
Total $236.25
S.... M....,
Treasurer
Examined and found correct.
R.... V.... }
J.... L.... } Auditing Committee.
Art. XI. Miscellaneous.
PAGE
=63.= Session =253=
=64.= Quorum =257=
=65.= Order of Business =261=
=66.= Nominations and Elections =263=
=67.= Constitutions, By-laws, Rules of Order, and Standing Rules =264=
=68.= Amendments of Constitutions, By-laws, and Rules of Order =269=
=63. A Session= of an assembly is a meeting which, though it may last for days, is virtually _one meeting_, as a session of a convention; or even months, as a session of Congress; it terminates by an “adjournment sine die (without day).” The intermediate adjournments from day to day, or the recesses taken during the day, do not destroy the continuity of the meetings, which in reality constitute one session. Any meeting which is not an adjournment of another meeting commences a new session. In the case of a permanent society, whose by-laws provide for regular meetings every week, month, or year, for example, each meeting constitutes a separate session of the society, which session, however, can be prolonged by adjourning to another day.
In this Manual the term _Meeting_ is used to denote an assembling of the members of a deliberative assembly for any length of time, during which there is no separation of the members except for a recess of a few minutes, as the morning meetings, the afternoon meetings, and the evening meetings, of a convention whose session lasts for days. A “meeting” of an assembly is terminated by a temporary adjournment or a recess for a meal, etc.; a “session” of an assembly ends with an adjournment without day, and may consist of many meetings. So an adjournment to meet again at some other time, even the same day, unless it was for only a few minutes, terminates the meeting, but not the session, which latter includes all the adjourned meetings. The next meeting, in this case, would be an “adjourned meeting” of the same session.
In ordinary practice a meeting is closed by moving simply “to adjourn;” the society meets again at the time provided either by the rules or by a resolution of the society. If it does not meet till the time for the next regular meeting as provided in the by-laws, then the adjournment closes the session, and was in effect an adjournment without day. If, however, it had previously fixed the time for the next meeting, either by a direct vote or by adopting a program of exercise covering several meetings, or even days, in either case the adjournment is in effect to a certain time, and while closing the meeting does not close the session.
In such common expressions as quarterly meeting and annual meeting the word meeting is used in the sense of the parliamentary _session_, and covers all the adjourned meetings. Thus, business that legally must be done at the annual meeting may be done at any time during the session beginning at the time specified for the annual meeting, though the session, by repeated adjournments, may last for days. The business may be postponed to the next regular meeting, if desired.
Under Renewal of Motions [=38=] is explained what motions can be repeated during the same session, and also the circumstances under which certain motions cannot be renewed until after the close of the next succeeding session.
A rule or resolution of a permanent nature may be adopted by a majority vote at any session of a society, and it will continue in force until it is rescinded. But such a standing rule does not materially interfere with the rights of a future session, as by a majority vote it may be suspended so far as it affects that session; and, it may be rescinded by a majority vote, if notice of the proposed action was given at a previous meeting, or in the notice of the meeting; or, without any notice, it may be rescinded by a majority of the entire membership, or by a two-thirds vote. If it is desired to give greater stability to a rule it is necessary to place it in the constitution, by-laws, or rules of order, all of which are so guarded by requiring notice of amendments, and at least a two-thirds vote for their adoption, that they are not subject to sudden changes, and may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting.
In case of the illness of the presiding officer the assembly cannot elect a chairman _pro tem._ to hold office beyond the session, unless notice of the election was given at the previous meeting or in the call for this meeting. So it is improper for an assembly to postpone anything to a day beyond the next succeeding session, and thus attempt to prevent the next session from considering the question. On the other hand, it is not permitted to move the reconsideration of a vote taken at a previous session, though the motion to reconsider can be called up, provided it was made during the previous session in a society having meetings as often as quarterly. Committees can be appointed to report at a future session.
NOTE ON SESSION.—In Congress, and in fact all legislative bodies,
the limits of the sessions are clearly defined; but in ordinary
societies having a permanent existence, with regular meetings more
or less frequent, there appears to be some confusion upon the
subject. Any society is competent to decide what shall constitute
one of its sessions, but, where there is no rule on the subject,
the common parliamentary law would make each of its regular or
special meetings a separate session, as they are regarded in this
Manual.
The disadvantages of a rule making a session include all the
meetings of an ordinary society, held during a long time, as one
year, are very great. If an objection to the consideration of a
question has been sustained, or if a question has been adopted,
or rejected, or postponed indefinitely, the question cannot again
be brought before the assembly for its consideration during the
same session. If a session lasted for a long period, a temporary
majority could forestall the permanent majority, and introduce and
act on a number of questions favored by the majority, and thus
prevent the society from dealing with those subjects for the long
period of the session. If members of any society take advantage of
the freedom allowed by considering each regular meeting a separate
session, and repeatedly renew obnoxious or unprofitable motions,
the society can adopt a rule prohibiting the second introduction of
any main question within, say, three months after its rejection,
or indefinite postponement, or after the society has refused to
consider it. But generally it is better to suppress the motion by
refusing to consider it [=23=].
=64. A Quorum= of an assembly is such a number as must be present in order that business can be legally transacted. The quorum refers to the number present, not to the number voting. The quorum of a mass meeting is the number present at the time, as they constitute the membership at that time. The quorum of a body of delegates, unless the by-laws provide for a smaller quorum, is a majority of the number enrolled as attending the convention, not those appointed. The quorum of any other deliberative assembly with an enrolled membership (unless the by-laws provide for a smaller quorum) is a majority of all the members. In the case, however, of a society, like many religious ones, where there are no annual dues, and where membership is for life (unless it is transferred or the names are struck from the roll by a vote of the society) the register of members is not reliable as a list of the bona fide members of the society, and in many such societies it would be impossible to have present at a business meeting a majority of those enrolled as members. Where such societies have no by-law establishing a quorum, the quorum consists of those who attend the meeting, provided it is either a stated meeting or one that has been properly called.
In all ordinary societies the by-laws should provide for a quorum as large as can be depended upon for being present at all meetings when the weather is not exceptionally bad. In such an assembly the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quorum. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix the time to which to adjourn, and to adjourn, or to take a recess. Unanimous consent cannot be given when a quorum is not present, and a notice given then is not valid. In the case of an annual meeting, where certain business for the year, as the election of officers, must be attended to during the session, the meeting should fix a time for an adjourned meeting and then adjourn.
In an assembly that has the power to compel the attendance of its members, if a quorum is not present at the appointed hour, the chairman should wait a few minutes before taking the chair. In the absence of a quorum such an assembly may order a call of the house [=41=] and thus compel attendance of absentees, or it may adjourn, providing for an adjourned meeting if it pleases.
In committee of the whole the quorum is the same as in the assembly; if it finds itself without a quorum it can do nothing but rise and report to the assembly, which then adjourns. In any other committee the majority is a quorum, unless the assembly order otherwise, and it must wait for a quorum before proceeding to business. Boards of trustees, managers, directors, etc., are on the same footing as committees as regards a quorum. Their power is delegated to them as a body, and their quorum, or what number shall be present, in order that they may act as a board or committee, cannot be determined by them, unless so provided in the by-laws.
While no question can be decided in the absence of a quorum excepting those mentioned above, a member cannot be interrupted while speaking in order to make the point of no quorum. The debate may continue in the absence of a quorum until some one raises the point while no one is speaking.
While a quorum is competent to transact any business, it is usually not expedient to transact important business unless there is a fair attendance at the meeting, or else previous notice of such action has been given.
Care should be taken in amending the rule providing for a quorum. If the rule is struck out first, then the quorum instantly becomes a majority of all the members, so that in many societies it would be nearly impracticable to secure a quorum to adopt a new rule. The proper way is to amend by striking out certain words (or the whole rule) and inserting certain other words (or the new rule), which is made and voted on as one question.
NOTE ON QUORUM.—After all the members of an organization have
had reasonable notice of a meeting, and ample opportunity
for discussion, if a majority of the total membership of the
organization come to a certain decision, that must be accepted as
the action or opinion of that body. But, with the exception of a
body of delegates, it is seldom that a vote as great as a majority
of the total membership of a large voluntary organization can be
obtained for anything, and consequently there has been established
a common parliamentary law principle, that if a bare majority of
the membership is present at a meeting properly called or provided
for, a majority vote (which means a majority of those who vote)
shall be sufficient to make the act the act of the body, unless it
suspends a rule or a right of a member (as the right to introduce
questions and the right of free discussion before being required
to vote on finally disposing of a question) and that a two-thirds
vote shall have the power to suspend these rules and rights. This
gives the right to act for the society to about one-fourth of its
members in ordinary cases, and to about one-third of its members
in case of suspending the rules and certain rights. But it has
been found impracticable to accomplish the work of most voluntary
societies if no business can be transacted unless a majority of
the members is present. In large organizations, meeting weekly or
monthly for one or two hours, it is the exception when a majority
of the members is present at a meeting, and therefore it has been
found necessary to require the presence of only a small percentage
of the members to enable the assembly to act for the organization,
or, in other words, to establish a small quorum. In legislative
bodies in this country, which are composed of members paid for
their services, it is determined by the constitutions to be a
majority of their members. Congress in 1861 decided this to be a
majority of the members chosen. In the English House of Commons it
is 40 out of nearly 700, being about 6% of the members, while in
the House of Lords the quorum is 3, or about one-half of 1% of the
members. Where the quorum is so small it has been found necessary
to require notice of all bills, amendments, etc., to be given in
advance; and even in Congress, with its large quorum, one day’s
notice has to be given of any motion to rescind or change any rule
or standing order. This principle is a sound one, particularly
with societies meeting monthly or weekly for one or two hours, and
with small quorums, where frequently the assembly is no adequate
representation of the society. The difficulty in such cases may
be met in societies adopting this Manual by the proper use of the
motion to reconsider and have entered on the minutes as explained
on page 165.
=65. Order of Business.= It is customary for every society having a permanent existence to adopt an order of business for its meetings. When no rule has been adopted, the following is the order:
(1) Reading the Minutes of the previous meeting [and their
approval].
(2) Reports of Boards and Standing Committees.
(3) Reports of Special (Select) Committees.
(4) Special Orders.
(5) Unfinished Business and General Orders.
(6) New Business.
The minutes are read only once a day at the beginning of the day’s business. The second item includes the reports of all Boards of Managers, Trustees, etc., as well as reports of such officers as are required to make them. The fifth item includes, first, the business pending and undisposed of at the previous adjournment; and then the general orders that were on the calendar for the previous meeting and were not disposed of; and finally, matters postponed to this meeting that have not been disposed of.
The secretary should always have at every meeting a memorandum of the order of business for the use of the presiding officer, showing everything that is to come before the meeting. The chairman, as soon as one thing is disposed of, should announce the next business in order. When reports are in order he should call for the different reports in their order, and when unfinished business is in order he should announce the different questions in their proper order, as stated above, and thus always keep the control of the business.
If it is desired to transact business out of its order, it is necessary to suspend the rules [=22=], which can be done by a two-thirds vote. But, as each resolution or report comes up, a majority can at once lay it on the table, and thus reach any question which it desires first to dispose of. It is improper to lay on the table or to postpone a class of questions like reports of committees, or in fact anything but the question before the assembly.
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Robert's rules of order revisedChapter XIII: Part I: Rules of Order (7)
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