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HomeMy WebLinkAbout07/10/2018 02 Mastering Council Meetings with Ann MacfarlaneBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 2. For Meeting of: July 10, 2018 ITEM TITLE: Mastering Council Meetings with Ann Macfarlane SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: Ann McFarlane, an accomplished trainer and author of Mastering Council Meetings: A Guidebook for Elected Officials and Local Governments, will lead the City Council through a session aimed at providing tools necessary to conduct productive and successful meetings. Please bring your book, Mastering Council Meetings, to this meeting. Ann is a Professional Registered Parliamentarian (National Association of Parliamentarians) and a Certified Association Executive (American Society of Association Executives). She is a regular presenter at conferences and training sessions for organizations like the Association of Washington Cities, the Washington Association of Counties, numerous city councils, non-profit boards, special purpose district governing bodies, etc. Ann's unique training approach, vast knowledge of strategies needed to conduct successful meetings, and broad experience with groups from a wide variety of sectors has made her a highly sought after consultant throughout the U.S. and beyond. In the early 2000s, Ann partnered with Andrew Estep to found Jurassic Parliament, a Seattle - based consulting firm focused on helping governing bodies conduct business as efficiently and effectively as possible. Before establishing Jurassic Parliament, Ann majored in Russian and ancient Greek at the University of California, Santa Cruz. She received a Marshall Scholarship, awarded by the British Government, and earned a second degree at Cambridge University in England. She then served for many years in the U.S. Foreign service in Pakistan and on the Bangladesh and Soviet desks of the U.S. State Department. After marrying fellow Foreign Service Officer Lew Macfarlane, Ann became a stay-at-home mom and served as a translator in the Congo, Tanzania and Nepal. She was the first woman to serve as a staff assistant in the Near East South Asia Bureau. On returning to Seattle, Ann became a Russian translator and was elected President of the American Translators Association and the executive director of the National Association of Judiciary Interpreters and Translators. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date O handout 7/5/2018 O citizens guide 7/6/2018 Type Cover Memo Co\,er Memo 2 Jurassic arlia Mastering meethigs us mg Robert's Rues 3 Running Effective Council Meetings Using Robert's Rules of Order Ann G. Macfarlane Professional Registered Parliamentarian Yakima City Council Tuesday, July 10, 2018 Yaki ma, Washington wwwjurassicparliament.corn 4 40 mak. sfeza AntberRiver • Rocky Shor • _ League of NORTHWEST DINO CITIES -• Dinoview�� I Dino Junction • Carbonopolis • Coppertown • Mining Gulch Mineral Mo Rockville untajn Gold Grove • Dinomine Amber Valley • Digs Dynali Shores • Dinoville Dynikan NOP- 4- Dyn Or ak• Dinodee bor •4,444.S.Dinohorn Key Dino Dragonfly • Bogs • Shady Dino • ▪ 11111•0101 1 Reptile Gap • Coal Town Dino Hot Springs Dino Heights Reedy Fernville • Fern Grove • •Museumtown • Mammoth Springs Crocodile River Crocodile Creek Crocodile • prings Dinovantage Fern River Fort Fossil • Bonetown Fossil Lake • Lower Fossil • Dino • Upper Fossil --do* Dinobaldi OrchardstommosioniAtili • Dino • Little Dino . ; Old Dinoburg 11011, Big Dino • • North �- Movillinlir_. low- New Dinobur • Reptile • D p w -'11111.eptileRiver • R South Reptile Dinodome • ® Dinopolis Science City 0000111016. • Bonny Dino • Dino Shores • Dinovallis • Dino Valley • Muddy Waters Mudford • • Twin Dinos • Rocky Mountain Plains Dino Gorge Marshy • Dino Creek • Turtletown • Utsadino ,!u assic Parliament o20087siceant 5 REGULAR MEETING OF THE DINOPOLIS CITY COUNCIL Motto: We do our best for all our residents, whether we like them or not AGENDA I. Introduction Call to order II. Meeting debate, Point of Order and Appeal Motion to raise parking fees III. How to do this? Study session IV. System of motions Animal control: Cats Exercise Pickle Festival V. Who's in charge here anyhow? Study session VI. Inappropriate remarks Study session VII. The right way to control a meeting Study session Exercise Performing arts center VIII. Advanced topics Study session Adjournment All times are approximate © Jurassic Parliament 2010-2018. All rights reserved. Running Effective Council Meetings Using Robert's Rules of Order Ann G. Macfarlane, Professional Registered Parliamentarian Tuesday, July 10, 2018 Yakima City Council Yakima; Washington Disclaimer The material contained in this presentation is based upon the principles and practices of parliamentary procedure. I am not an attorney and nothing in this presentation constitutes legal advice. Our topics I. Introduction II. Meeting debate, Point of Order and Appeal III. How to do this? IV. System of motions V. Who's in charge here anyhow? VI. Inappropriate remarks VII. The right way to control a meeting VIII. Advanced topics 1 I. Introduction • We are in the League of Northwest Dino Cities. • This is not entirely realistic—it is a fantasy—but there is some overlap with real life! • We use broad strokes to convey the big picture. • You are going to be the members of the city council. Workshop method • There are "remarks" to make, printed on white paper. • Please look through them and be prepared to speak up when your number is called. • Keep your remarks to yourself—don't share them with your neighbors! • "Special instructions" are just for you—don't read them aloud. 5 Unanimous consent • Form of voting—a type of "fast track." • Very efficient for minor procedural matters. • Presider suggests something, and if you agree, REMAIN SILENT. Silence means consent. • If you disagree, say "OBJECTION." • Presider then knows that everyone does not agree, and abandons the fast track to use the regular method. 2 „ LIVASSiC Language tip Without objection... If there is no objection... ilfASSIC II. Meeting debate, Point of Order and Appeal C,10-.3S•x,1,7 Principle of Equality All members have equal rights, privileges and obligations. 3 Key Point Discussion in council and committee meetings is NOT A CONVERSATION. It is DEBATE and has its own rules. No one may speak a second time until everyone who wishes to do so has spoken once. This is CRITICAL! • Applying this rule will transform your meetings. • It is a MUST if you wish to maximize your effectiveness. 4 Why don't we follow this rule? • Councils tend to discuss their affairs in conversational mode. • In conversations, dominant people tend to dominate, • And agreeable people tend to let them. • Must have a structure to make sure that everyone has an equal chance to speak. • This is both fair and efficient. Point of Order flying dinosaur • When ANOTHER MEMBER breaks one of the rules, a member may make a POINT OF ORDER. • Chair rules on the point. Exercise: Point of Order Scripts • Pair up with your neighbor and read through the Point of Order scripts. • First one of you will be the member and the other the chair. • When you flip the page, flip roles. 5 Point of Order Practice Scripts Member A: Chair, I rise to a point of order. Chair: State your point. Member A: My esteemed colleague has used the term "cream - faced loon" in referring to the Mayor of Fernville. According to Robert's Rules, insults are not allowed in debate. Chair: The point is well taken. Members will refrain from using improper language. Member B: Chair, I rise to a point of order. Chair: State your point. Member B: You announced the motion that I made and then called for the vote right away. We have to have discussion on this motion before we decide what to do about it! Chair: The point is well taken. As the maker of the motion, you have the right to speak first, so Member B has the floor. Member C: Chair, I rise to a point of order. Chair: State your point. Member C: Sam Stegosaurus has spoken three times already, but other members are waiting to speak. Chair: The point is well taken. Who would like to speak next? 12 Member D: Point of order, Chair! Chair: State your point. Member D: We voted to approve the amendment, but we haven't yet voted to approve the motion itself. Chair: The point is well taken. Are you ready to vote on the motion as amended? Member E: Chair, I rise to a point of order. Chair: State your point. Member E: My colleague has called me a "bozo." It is improper to use such personal insults during our meetings. Chair: The point is well taken. Members will refrain from making personal attacks on their colleagues — or anyone else! Member F: Point of order, Chair! Chair: State your point. Member F: You have declared the meeting adjourned, but we still have business to discuss. The chair of the meeting doesn't have the power to adjourn the meeting like that. Chair: The point is well taken. Our meeting will continue. The next item of business is... © Jurassic Parliament 2015. All rights reserved. Point of Order • A motion claiming that a procedural mistake has been made. • According to Robert, can be made only by a member. • Public may not raise a Point of Order. • May interrupt a speaker if necessary. • Must be timely—made at the time of the offense. • There are a few exceptions, but they are rare. Four steps to process Point of Order 1. Member: Point of Order! 2. Chair: State your point. 3. Member: That remark breaks our rule against interrupting. 4. Chair: The point is well taken. Members will refrain from interrupting each other. Use the "third person" • Note that the chair states the general rule. • The chair is speaking on behalf of the rules of procedure. • Do NOT say, "You are out of order" or "You made a mistake." • Use the "third person" to keep things neutral and lessen conflict. 6 Chair doesn't have to say "point of order" • The chair has the duty of maintaining order and decorum, so doesn't need to say "point of order." • Just needs to take appropriate action. • Chair can always ask the group to decide if a point of order is correct ("well -taken") or not. Chair subject to same rules • lithe chair breaks one of the rules, a member may raise a Point of Order. • The chair rules on own behavior, which seems odd, but is the way the system works. The most important motion in all of Robert's Rules — and the least known! 7 Chair's rulings can be appealed • The CHAIR enforces order and decorum. • The COUNCIL is the final authority. • Any two members can appeal a ruling of the chair. • EXCEPTION: lithe ruling is a matter of fact on which there cannot be two interpretations, the ruling cannot be appealed. 22 Can Appeals be debated? • Appeals pertaining to language and decorum cannot be debated. • When an appeal can be debated, note that the debate process is unique — different from any other discussion process in Robert's Rules. Explaining the Appeal • Chair must take care in explaining vote to members. • Basic principle: The chair's ruling stands until it is overturned. • The question being voted on is, "Shall the decision of the chair be SUSTAINED? 8 Explaining the Appeal • Takes a NEGATIVE vote for the appeal to win. • Chair may vote on appeal. • A majority vote or a tie sustains the chair's decision. Include in minutes? • Robert's Rules say that Points of Order and Appeals are included in the minutes. • This becomes precedent for the future. • Jurassic Parliament believes it is not necessary to include minor Points of Order, simple reminders, in the minutes. The heart of democracy • By using Point of Order and Appeal, the group is the final authority. • In our view this is the heart of our democracy. 9 III. HOW to do this? • Members seek recognition before speaking. • Members speak to the chair, not to each other. • Chair keeps track of who has spoken and who wishes to speak. • Can empower vice -chair to keep track—great training for them. • Can use the "round robin" (described in Mastering Council Meetings). Seeking recognition • Raise your hand and wait to speak until the chair calls your name, nods at you, or gives some other sign that you have permission to speak (you "have the floor"). • DO NOT raise your hand and start to speak at the same time. Speak to the chair • Speak to the chair, NOT to another member. • It is a kind of "SONAR." Everything pings back and forth between the chair and the members. • This depersonalizes issues and improves clarity of discussion. • Members may not say "you" to each other. • Insist on this rule! 10 Down the rabbit hole... • If members speak directly to one another, often the discussion degenerates into a conversation between two members. • "Down the rabbit hole" results in the rest of the group being left out. • The "principle of equality" is violated. Speak to the chair • Sometimes members resist this idea as too formal. • We recommend giving it a try for two -three months, and then assessing how well it works for your group. If your members still can't stand to do this... • Chair keeps a watchful eye to make sure no two people "hijack" the meeting. • Chair can intervene and say, "We need to hear from everyone. Does anyone else wish to speak on this topic?" 11 One person speaks at a time • When a member has the floor, they have the right to speak until they have completed their comments. • Interrupting is ABSOLUTELY FORBIDDEN. • Members may not interrupt each other, and chair may not interrupt members. • Exception—point of order when essential. How to do this? • No interrupting! • No whispering! • No sidebar conversations! • No texting! • Put away your cell phone on the dais! Text messages must be archived • Text messages sent during a meeting, whether personal or city -related, are public records. • The Attorney General has directed that they must be archived. • Failing to do this puts your city—and you—at risk. • Public records lawsuits are EXPENSIVE—seethe City of Mesa example. 12 The four big mistakes • Speaking twice in a row • Not seeking recognition • Speaking directly to another member • Interrupting another person m ilfASSIC IV. System of Motions Request for Information/ Point of Information Flying dinosaur • This is a request for information that is timely and relevant to the debate. • Chair should say, "State your question." 13 „ LIVASSiC Request for Information/ Point of Information Flying dinosaur • After hearing question, chair can respond three ways: — Respond yourself — Ask someone else to respond — Say, "We'll get back to you later.” ilfASSIC "Point of clarification" does not exist • DO NOT allow members to GIVE information. That is debate. • People sometimes say, "Point of clarification." There is no such thing. C,10-.3S•x,1,7 Main Motion Tyrannosaurus rex • For councils and other public bodies, a main motion is the usual and customary way to start the action of discussion and decision making. • Staff presents the proposed action, which has been provided in writing, answers any questions, and then a member moves acceptance of the motion to begin the discussion. 14 How do you introduce a main motion? Three little words: I MOVE THAT Main Motion • Do not say "I would like to move that..." • Do not say "I would like to motion that..." • Do not say "I recommend that..." • Do not move a motion "for discussion." • Do not make a motion "that we should discuss this." • Do not make a motion "that we vote on this." Second the motion • You "second" a motion to show that you would like to talk about it. • You can second a motion you disagree with if you want to explain why it's a bad idea. 15 If no second... • If there is no second, the chair says, "There being no second, the motion will not be considered." • Then moves immediately to next item of business. Main Motion Tyrannosaurus rex • It should be in writing if at all possible. • It should be clear and unambiguous. • It should be phrased in the grammatical positive. It must comply with the bylaws and the procedural law of the land. You can have only one main motion at a time. Eight steps to process a motion 1. Member makes motion. 2. Another member seconds motion. 3. Chair states motion. 4. Members debate and/or amend motion. 5. Chair restates motion. 6. Members vote on motion. 7. Chair states results of vote, whether motion passes or fails, and what happens next. S. Chair states next item of business. 16 24 EXAMPLE. Main motion Member A: I move that we hold a cruise on Dino Bay. Member B: I second the motion! Chair: It has been moved and seconded that we hold a cruise on Dino Bay. We will now debate the motion. [debate] Chair: Are you ready to vote? The motion is that we hold a cruise on Dino Bay. All those in favor say "aye." All those opposed say "no." The "ayes" have it, the motion passes, and we will hold a cruise on Dino Bay. The Social Committee will make the plans for this event. Our next item of business is... Eight steps to process a motion A member makes a 2. Another seconds the motion. 3. The presider states the 4. Members the motion and amend it if desired. 5. The presider states the again and calls for the vote. 6. The vote on the motion. 7. The presider states the results of the vote, whether the motion , and what will happen as a result of the vote. 8. The presider moves on to the next item of In taking the vote, the presider must call for the or the vote is not legitimate. The presider has a duty to make things clear so that members understand what they are doing. Jurassic Parliament Workbook: Running Great Meetings Using Robert's Rules page 3 of 20 EXERCISE Worksheet on Main Motion • Fill in the blanks on the worksheet, "Eight steps to process a main motion." 49 One thing at a time • One subject is discussed at a time. • Robert's Rules is very linear! • Chair, and members, must insist on this. Amendment Dimetrodon • You amend a motion to improve it. • The amendment applies to the main motion. • The amendment must be germane (relevant). • Anyone may move to amend, even the person who made the motion. 17 Four ways to amend 1. Add or insert words. 2. Strike out words. 3. Strike out words and insert words in their place. 4. Substitute (tricky!). 52 Process Amendment • The amendment is processed using the same eight steps that we just saw for a main motion. The challenge is... • We vote on amendments before we vote on the main motion, in order to make the main motion as good as possible—to perfect the motion. 18 Amendment • Once the fate of the amendment has been decided, debate continues on the main motion. • Don't forget to vote on the main motion "as amended" More amendments are possible... • Once you've dealt with one amendment, you may have others... • provided that they apply to a different aspect of the main motion. • It takes special actions to go back and change something we've already amended. • The only limit to the number of this type of amendment is the patience of your group. "Friendly amendment" • Often misused. • Handle this the same as any other amendment. • Ask, "Is there a second?" etc. • Once a motion has been stated by the chair, the maker and seconder have same rights as any other member. • DO NOT turn to maker and seconder to ask if they accept the amendment— this give them improper power. 19 Refer to Committee Ankylosaurus • Motion sending main motion (and any amendments) off to another group. • Should specify two things: 1. Which committee it's going to 2. When it's coming back Refer to Committee Ankylosaurus Two different types: 1. Normally a motion is referred for a recommendation. 2. It is possible to refer a motion with power to decide. Process Refer to Committee • Refer to Committee is processed using the same eight steps we saw for the Main Motion and the Amendment. 20 Call the Question Triceratops • Motion requesting that we stop debate and vote. • This motion requires a second. • HOWEVER it cannot be debated. • It cannot be amended. • And, it takes a two-thirds vote (five out of seven) to pass. CaII the Question Triceratops • Once approved, no more discussion is allowed. • No need to include this motion in the minutes. • Note: There is no need for a member to say "I call the question" in order to take the vote. The chair just asks, "Is there any further discussion?" or "Are you ready to vote?" Two-thirds vote • Robert specifies this when members' rights are limited or extended. • When we vote to end debate, we are limiting members' rights. • Should be taken so you can see the result. • DO NOT take by voice. 21 Precedence of motions • Each motion has a number or rank. • Motions are processed in reverse order ("last in first out" or LIFO). • When a motion is pending (under consideration), motions with a HIGHER rank may be made. • Motions with a LOWER rank are out of order. Precedence of Motions EXERCISE Script Reading • The chair takes the gavel. • Each person chooses one role. • Read through the script. 22 Can you discuss without a motion? • In large groups, you must have a motion before any discussion begins. • In small boards, it is fine to discuss topics without a motion, if you wish to. • Must be careful not to ramble too much. • If you wish to take advantage of this flexibility, then... We recommend this process • Discuss the topic at hand • When ready, propose a formal motion — in writing if at all possible • Discuss the motion and, if desired, amend it. • Vote on the motion. 23 Each member has an equal right to speak and to try to persuade others to accept her view. Key Point During meetings, the chair controls the process so the group can make the decisions. Key Point During meetings, the chair is the servant of the group, and the group is the final authority. 24 What is each person's individual authority? • As a separate individual, you have NO authority. • Our society emphasizes the individual so much that this seems almost un-American. • In fact, it is deeply and profoundly American. What is each person's individual authority? All members of a governing body share in a joint and collective authority which exists and can be exercised only when the group is in session. The Standard Code of Parliamentary Procedure What is your individual power? • When people get elected to public office, often they are surprised at how little power they have. • An individual councilmember may not have a staff member fired, direct staff, oversee employee work product, or interfere in administration. • Know the limits of your role! You are a policy maker, not a mover -and -shaker. This is the law. 25 To each his own • Each party, council and city manager, has duties as assigned by law, regulation and custom. LEGISLATION is the prerogative of the council. City manager supports council, but does not decide. Prerogative pre•rog•a•tive /pra'ragadiv/ noun 1. A right or privilege exclusive to a particular individual or class. 26 ADMINISTRATION is the prerogative of the city manager. Council may not interfere. Majority rule is the key • The decision of the majority, voting in a properly called meeting, is the decision of the body as a whole. • However arbitrary it may seem, this is our system. • The minority must make it their own. Protecting minority • Robert's Rules emphasizes that the views of the minority must be protected. • Members must have opportunity for free and full expression, even if their views are highly unpopular. 27 Democracy is the worst system of government in all the world, with the exception of those others that have been tried from time to time. Winston Churchill • Rogue actions tear apart the fabric of the council, and of our democracy. - If a member attacks another member... - If a member makes personal remarks... - If a member stalks out of the room in anger at losing.... Bottom line • In a democracy, HOW we decide things is more important than WHAT we decide. • Courtesy and respect, no surprises, no unilateral action, no end-runs...these are essential for the system to work. 28 What is the alternative? The ballot box is sacred because the alternative is blood. Elias Canetti VI. Inappropriate remarks • It is a fundamental principle of parliamentary procedure that debate must be "germane" (relevant) to the topic at hand. • Certain kinds of remarks are inappropriate because they are not relevant to the discussion. These remarks are inappropriate 1. Personal remarks 2. Discourteous remarks — insulting language, attacks 3. Inflammatory language 4. Criticizing past actions of the group (unless subject is under discussion, or member is about to propose a change) 5. Remarks that are not germane (relevant) to the discussion 29 Personal remarks The measure, not the member, is the subject of debate. Robert's Rules of Order Newly Revised, 11,h edition, p. 392 Discourteous remarks • Speaks for itself! • No insulting language, no vulgarity, no personal attacks. • This also applies to remarks about the public and other non-members. Send the right message • No sarcasm • No frowning • No eye -rolling • No sighing • No checking cell phones 30 Inflammatory language That's a lie! vs. 1 believe that there is strong evidence that the member is mistaken. Criticizing past actions • Members may not criticize a past action of the group during a meeting, with two exceptions: ✓ lithe group as a whole is discussing the action, OR ✓ lithe member plans to introduce a motion to amend (change) or rescind (cancel out) the action at the end of their speech. Remarks that are not germane • Discussion must be relevant to the topic at hand. • Be RUTHLESS in insisting on this! • Chair can call a member to order if remarks are not germane. • A member can call another member to order. 31 Language tip Members will kindly keep their remarks strictly to the topic under discussion. Who decides? • If any question arises as to whether a remark is appropriate or not, the chair rules, subject to appeal. • The chair may also turn immediately to the council to ask the councilmembers to decide. • Ultimately it is the COUNCIL'S CALL. Important notes • We are speaking here about discussion within the council meetings. • These prohibitions DO NOT APPLY to the public when they are giving public comment. • We recommend that council members follow these rules OUTSIDE meetings as well. • This will increase the reputation and stature of the board in the eyes of the public. • Speak to issues, not to personalities. 32 41 Obnoxious Remarks — Council What's wrong with these remarks? Match the numbers to the remarks in the right-hand column. Some of the remarks may be inappropriate in more than one category. 1. Personal remarks 2. Discourteous remarks — insulting language, attacks, profanity 3. Inflammatory language 4. Criticizing past actions of the group (unless subject is under discussion, or you are going to propose a change at the end of your speech.) 5. Remarks that are not germane (relevant) to the discussion REMARK NUMBER The Mayor is a senior citizen, after all, and we know what THAT means! I think that the vote we took earlier today was very unfortunate and will come back to bite us. A huge increase like that will hit our residents hard. We're going to suffer in the public opinion polls for this. Did you see that article in the paper about the Distinguished Mustache Society? Those old fossils looked so cute in their fancy mustaches and straw hats! They reminded me of my grandpa and the happy days when I was a young tyke. That transfer of money between funds last year was never approved by this council. If there had been EMBEZZLEMENT going on, we would have failed in our duty as public servants. I am sick and tired of the negative attitude you bring to our issues. It's people like you who keep us from attracting the best and the brightest to run for this council. © Jurassic Parliament 2017. All rights reserved. EXERCISE What's wrong here? • Pair up with your neighbor. • Identify what is wrong with each remark by writing the correct number in the right-hand column. • Some remarks may be inappropriate in more than one category. Resource: Cheat Sheet Wait! Wait! What should I say? • The language of Robert's Rules is like learning a foreign language. • This cheat sheet shows you what to say in each circumstance. VII. The right way to control a meeting 33 Flow of authority at a meeting The group adopts its rules and guidelines. In attending, members accept the rules of the group. During meetings, the presiding officer applies the rules for the benefit of the group. All persons present at a meeting have an obligation to obey the legitimate orders of the presiding officer. Flow of authority at a meeting Any member who disagrees with a ruling, decision or order by the presiding officer may appeal the ruling. If another member seconds the appeal, the group will decide by majority vote whether the ruling, decision or order is legitimate. The presiding officer obeys the group's decision. 34 Three things you must have: 1. Knowledge of how this system works 2. A majority on your council in favor of civility and this system. 3. The personal moxie, chutzpah, energy and drive to put it all into practice. Chair MUST control discussion • Repeat: the chair must control the meeting discussion. • The chair serves as a BENEVOLENT DICTATOR, enforcing the rules the group has chosen. We don't like this • The modern style is completely opposite. • We're encouraged to speak softly, gently, indirectly. • We're encouraged to use "I" statements. • Forget all that when running a meeting. 35 A balancing act • Project both confidence and humility. • Speak clearly and definitely. • At the same time, keep emotionally connected to the members. Brisk, warm neutrality • It's important to be business -like and focused. • Keep things moving. • At the same time, show humanity and humor when appropriate. Chair MUST control discussion • If someone speaks up without being recognized, STOP THEM. • If someone speaks out of turn, INTERRUPT THEM. • If someone make insulting remarks, STOP THEM. 36 HOW to control? Under no circumstances should the chair attempt to drown out a disorderly member—either by his own voice or the gavel—or permit himself to be drawn into a verbal duel. Robert's Rules of Order Newly Revised, 11'' edition, p. 456 HOW to control? The chair should never get excited. Robert's Rules of Order Newly Revised, 11,n edition, p. 456 CHEAT SHEET Language Tips for Meeting Management 37 Central paradox • The chair is the most important person in the room, AND the least important person in the room. • The chair must be strict on process—a "benevolent dictator." • The chair is not responsible for the decision that the group makes. • The chair is the servant of the group, and the group is the final authority. Council may sanction • The power of the group extends to the power to sanction. • It is best if council rules of procedure include specific steps to be taken when the guidelines are broken. Don't do this lightly! • Use sanctions only when repeated offenses make it necessary. • Consult with your attorney before proceeding. 38 WHY do we need these rules? An association of people who will not quarrel with one another is a thing that has never yet existed, from smallest town meeting or vestry to the greatest assembly of nations. Thomas Jefferson WHY do we need these rules? Win/lose is the only game most of us understand. We have a constant unspoken need for domination and actually find no enjoyment in win/win situations. Richard Rohr WHY do we need these rules? • The single most important factor in group decision- making is whether the individuals involved are thinking freely, and giving their true INDEPENDENT judgment. But often, fear keeps us from doing this. • You can have "group genius" instead of "group think" if everybody speaks up honestly during discussion and debate. People must feel safe to say what they really think. 39 EXERCISE Something to remember • On the white cards, please write at least one thing that you learned today that you will use in future. • This is useful for me and for you! • We will have a drawing for some prizes. • If you wish to be included in the prize drawing, write your name on the card. Changing your mind Three "bring -back" motions Amend something previously adopted • Takes ONE of these conditions: ✓Two-thirds vote (five out of seven) OR ✓ Previous notice and a majority vote OR ✓ A vote of the majority of the entire body (four votes) 40 Changing your mind Three "bring -back" motions Rescind • Takes ONE of these conditions: 1. Two-thirds vote (five out of seven) OR ✓ Previous notice and a majority vote OR ✓ A vote of the majority of the entire body (four votes) Changing your mind Three "bring -back" motions Rescind • NOTE: if something has been done which cannot be undone, this motion may not be made. • Example: contract has been signed already. • What to do? Talk with your attorney. Changing your mind Three "bring -back" motions Reconsider • Tricky! • British call it "the American motion" • Must have voted WITH THE PREVAILING SIDE to move reconsideration 41 Changing your mind Three "bring -back" motions Reconsider • Per your rules, can only be moved on same day or before the end of the next meeting. • Has two parts: — Vote whether to reconsider — If yes, then resume matter where it was just before the vote was taken If you want to kill something... • Don't move it in the first place. • Move it and then vote it down. • Move it and then use the motion "to postpone indefinitely." • You may make a motion "to reject" something. • Note: According to your Rules of Procedure, a matter decided by the council can be reintroduced at a future meeting PROVIDED THAT a majority of the council (four people) are in favor. Withdrawing a motion • If you are the mover and you've changed your mind, ask permission to withdraw the motion. • Usually handled by unanimous consent. • If there is objection, then take a vote. • The maker does not "own" the motion. Not allowed to say "I'm taking my marbles and going home." • Ordinarily, withdrawn motions are not included in the minutes. 42 Suspend the rules with care! • You CANNOT "suspend all the rules" or "suspend Robert's Rules" • You CAN suspend a specific rule to achieve a specific purpose. • Needs a second, cannot be debated, takes a two- thirds vote (five out of seven) to pass. Example • "I move that we suspend the rules to allow the citizen five more minutes to complete her comment." Suspend the rules infrequently! The rule is there for a reason. When you suspend the rule, you give up on the reason, and you don't know what may happen as a result. Mayor David Baker, Kenmore 43 Rules are proxies for values • They are necessary but limited. • They are based on the past. • They are always approximate. • Always look to the value that underlies the rule. (Source: HOW by Dov Seidman) Don't weaponize these rules! • Example: You may interrupt to make a Point of Order. • Sometimes you have to. • Usually it is not necessary, and you should hold back. Three ways to adjourn 1. During the meeting, members may move to adjourn—non-debatable motion, takes a majority vote to pass, very high rank. 2. At the end of the meeting, the chair may say, "There being no further business, this meeting is adjourned." 3. The chair may adjourn the meeting if a riot breaks out. 44 Resources Citizen's Guide to Effective Conduct of Public Meetings Using Parliamentary Procedure and Robert's Rules of Order in Washington State https://ju rassicparl is ment.com/citizens-guide/ Keep in touch! You are invited to subscribe to our newsletter. • This is a free monthly electronic publication. • We do our best to keep it interesting, useful and short! • Subscribe to the blog on our website for weekly insight, tips and inspiration. • Schedule a free telephone call on our website. • Email any time. • We LOVE parliamentary questions! Disclaimer: Nothing in this preset 0 Jurassic Parliament 2018. All rights reserved. PO Box 77553, Seattle, WA 98177 Tel: 206-542-8422 45 Jurassic 55 Essential Guidelines for City Councils (.0 City of ShorelineWashington 2018.A rights reserved. Follow these essential guidelines of parliamentary procedure to take the pain out ofyour meetings, hold productive discussions, and serve your community better. BASICS A quorum must be present for business to be done. Usually a quorum means a majority (more than half) of the voting members in office. The chair runs the meeting in the service of the council. He is not the "boss" but serves as a facilitator, helping the council to hold free and fair discussion and make good decisions. Ordinarily a councilmember must make a motion before any discussion begins. If there is no second, the motion is not taken up. If a member makes a motion to amend the main motion, it is discussed and voted on before the main motion. After amending a motion, a vote must be taken on the main motion as amended. After discussion, the chair calls for the vote and announces the result. The motion passes when a majority of those voting vote in favor, unless state law or your rules of procedure require a higher vote. This is different from the requirement for a quorum. If someone "calls the question," the chair must take a vote on whether to vote now or continue discussion. It takes a 2/3 vote to cut off discussion. wo• over w-ww.jurassicparliament.com 56 DISCUSSION All members have equal rights, privileges and obligations. This means that discussion is not a conversation, but follows some important rules: The chair recognizes speakers in turn. No one may speak a second time until everyone who wishes to do so has spoken once. Interrupting is not allowed. Councilmembers must be courteous and respectful. They may not make inappropriate remarks such as personal remarks, insulting language, or comments that are irrelevant. If a councilmember breaks the rules, the chair may correct him, or another councilmember may raise a point of order. The chair rules as to whether the point is correct, or not. A councilmember who disagrees with a ruling of the chair may appeal it. If another member seconds the appeal, the council decides. The minority must be provided equal opportunity to debate, even if their views are unpopular. However, the decision of the majority voting at a meeting is the decision of the council as a whole. PUBLIC INPUT Public hearings and other quasi-judicial proceedings must be run according to the requirements of state law. Public comment sessions offer an opportunity for members of the public to inform the council of their views. We recommend not entering into back -and -forth exchanges. Community forums, one-on-one discussion, feedback forms on the website, surveys etc. are better channels for an exchange of views. Under the First Amendment to the U.S. Constitution, the public is not bound by the same rules of decorum and courtesy as the councilmembers. The public should not engage in clapping, booing, hissing or other disruptive actions, since they intimidate speakers, may suppress free speech, and impede the work of the council. Essential Guidelines for City Councils © Jurassic Parliament 2018. All rights reserved. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including any text, images,audio or video, without the written permission ofJurassic Parliament.Jurassic Parliament reserves the right to update our website at any time without notice to you. If you would like to use or quote this material for any purpose other than expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory,fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authority to address their issues. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXM P.O. Box 77553, Seattle, WA 9 817 7 TEL 206.542.8422 I EMAIL info@ jurassicparlicanertLcom mina jurassicparliament.com Jurassic arlia Mastering meetMgs using Robert's Inappropriate Remarks on Local Government Councils 57 If you serve as an elected official on a local government council or board, you should know the types of remarks that are inappropriate during discussion at a meeting. Robert's Rules of Order and the common parliamentary law it is based on require that: • Members of a council or board must be courteous to one another. • They must speak to the issues, and not to personalities. • They must stay on topic, and keep their remarks relevant to the item at issue. Why are these remarks inappropriate? A list of inappropriate remarks is given below. They are inappropriate because they are considered to be "not germane" (irrelevant) to discussion. We are offering parliamentary information here, and nothing in this paper constitutes legal advice. It is a fact, however, that courts have affirmed the right of councils and boards to define the frame of reference for their discussions, and to require elected members of the council or board to keep their remarks "germane" (relevant). List of inappropriate remarks that are not germane under Robert's Rules of Order 1. Personal remarks - remarks that pertain to an individual's appearance, background, ethnicity or other personal aspects, rather than their views on issues. 2. Insults, obscenity, vulgarity and personal attacks. 3. Inflammatory language - remarks that incite high emotions rather than addressing the issues. 4. Criticizing past actions of the group, with two exceptions: a. If the group itself is discussing a past action, it is fine to criticize it. b. If the council member intends to propose to "amend" (change) or to "rescind" (cancel out) the action at the end of his speech, they may criticize it during their speech. 5. Remarks that are not "germane" (relevant) to the discussion. wo• over wwwjurassicparliament.com 58 Can members of the public make these inappropriate remarks? These restrictions apply to discussion by the members of the council or hoard themselves, and not to the public. When citizens or residents offer public comment, they have greater freedom than the elected officials. The council may set time limits for public comment, or require that public comment be limited to a subject under discussion by the council or board. However, any such restrictions must be "viewpoint neutral." Under the First Amendment to the U.S. Constitution, councils may not discriminate in favor of one point of view over another. Who decides that a remark is inappropriate? The chair of the meeting has the duty of enforcing the rules and should speak up and stop a council member who makes one of these remarks If the chair neglects to do this, any council member can raise a Point of Order. When that happens, the chair makes a ruling as to whether the remark can be allowed in discussion. Any two council members can challenge the chair's ruling by appealing it. In that case, the council or hoard will decide, by majority vote, whether the remark can be made. There are no "parliamentary police" the council itself interprets its own rules, based on its chosen parliamentary authority, and decides what remarks can be allowed in discussion, and what not. The council is the final authority subject of course to any legal advice you receive from your attorney. Note that Appeals pertaining to language and decorum may not be debated. It is just a straight up/ down vote. Learn more about Point of Order and Appeal in this blog post. Where can I find the inappropriate remarks in Robert's Rules of Order? You can find the rules about these remarks in Robert's Rules of Order Newly Revised, nth edition, the only current authorized version of Robert's Rules, on pages xxxiv, 43, and 392-393. Thank youfor your interest in running effective meetings using Robert's Rules of Order. Visit our website, www.jurassicparliament.com,for much more information on how to do this. Or contact us at info@jurassicparliament.com or 2o6-542-8422. We lookforward to hearingfrom you! inappropriate Remarks on Local Government Councils © Jurassic Parliament 2017. All rights reserved. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including any text, images,audio or video, without the written permission ofJurassic Parliament.Jurassic Parliament reserves the right to update our website at any time without notice to you. If you would like to use or quote this material for any purpose other than expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory,fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authority to address their issues. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXM P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL iflfo@jUra55icparlic1meflt.com uranv. jurassicparliament.com 59 Jurassic How to Use Point of Order and Appeal • ........... • """"" Point of Order and Appeal are essential motions for every member of an elected public body, a nonprofit hoard, an academic senate, or any group that functions on democratic principles. They are key to effective use of Robert's Rules of Order. In this discussion, whenever we say "member," we mean a voting member of the governing body. What is a Point of Order? Point of Order is a motion that requires the chair to abide by the organization's rules or parliamentary rules, or to require another member to abide by the rules. If an error isn't obvious, the member may have to briefly explain how the rules are being broken. This motion is made by just one member and in most circumstances the motion must be made at the time of the rule violation. When this motion is made it immediately and temporarily stops business until the Point of Order is ruled on by the chair, who will either agree with the member and enforce the rules, or may disagree with the member. Once the chair rules that the Point of Order was "well taken" (correct) or "not well taken" (incorrect), the business that was interrupted then continues (unless the chair's ruling is immediately appealed). How does a member raise a Point of Order? The member who sees a rule violation and wants the rule enforced should stand up, interrupt the chair or a speaker if necessary, and without waiting to be recognized, call out, "Point of Order!" or "I rise to a Point of Order." w-ww.jurassicparliament.com 1•0. over 60 What happens next with a Point of Order? The chair should say, "State your point." The member then explains the problem. Finally, the chair gives a ruling. • If the chair agrees with the Point of Order, the chair says, "The point is well taken" and enforces the rule. • If the chair disagrees, the chair says, "The point is not well taken," and moves on with the business at hand. Can a member raise a Point of Order about the chair's actions? Yes. Everyone in the meeting must follow the rules. If this happens, the chair issues a ruling on their own action. Can a member of the public or the audience who is not a member of the body raise a Point of Order? No. Only a member of the body itself can raise a Point of Order. Sample script for "Point of Order" Member: Chair, I rise to a Point of Order. Chair: State yourpoint. Member: My esteemed colleague has used the term "cream -faced loon" in referring to the mayor of Dinoville. Under Robert's Rules of Order, insults are inappropriate. Chair: The point is well taken, and members will refrainfrom using this term. What should members do when they disagree with a ruling by the chair? A member can appeal the chair's ruling (which must be seconded). This tells the chair that two members are in disagreement with the chair's interpretation and want the body to decide it for themselves. The motion must be made immediately. If other business intervenes, then it is too late to appeal the chair's decision or ruling. When the Appeal is made, it immediately and temporarily stops the pending business until a decision is reached on the Appeal. After a vote is taken on the Appeal by the members, the business that was interrupted then continues. How is an Appeal conducted? A member stands and without waiting to be recognized, says: "I disagree with the ruling by the chair." The chair must recognize an Appeal, even if worded simply as, "I don't think that's right - I disagree with you." The formal wording is, "I appeal from the decision of the chair." The chair then processes the motion, which may or may not be debatable. Read more about how to process a Motion to Appeal, including a sample script, in this this blog post, "Keep the chair in line using Appeal." 61 In our view, Point of Order and Appeal are the heart of our democracy. Learn to use these vital tools from Robert's Rules of Order, and ensure that the group is the final authority. Many thanks to Beverly Przybylski, PRP, for providing the original content of this paper. Any errors are, of course, the responsibility of Jurassic Parliament. Thank youfor your interest in running effective meetings using Robert's Rules of Order. Visit our website, ww-w.jurassicparliament.com,for much more information on how to do this. Or contact us at info@jurassicparliament.com or 2o6-542-8422.We lookforward to hearing from you! How to Use Point of Order and Appeal © Jurassic Parliament 2017. All rights reserved. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including any text, images,audio or video, without the written permission ofJurassic Parliament.Jurassic Parliament reserves the right to update our website at any time without notice to you. If you would like to use or quote this material for any purpose other than expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory,fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authority to address their issues. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXM P.O. Box 77553, Seattle, WA 9 8177 TEL 206.542.8422 I EMAIL info@ jurassicparliarnent.corn www. jurassicparliament.com uras5ic ast. Masi: ering ings t Asing RObert'S RUieS CHEAT SHEET LANGUAGE TIPS FOR MEETING MANAGEMENT 63 SITUATION Call to order CHAIR CAN SAY This meeting of the [name of organization] is called to order. Unanimous consent Without objection... If there is no objection... To begin discussion It has been moved and seconded that. Is there any discussion? If there is no second Since there is no second, the motion will not be considered. To end discussion Is there any further discussion? or Are you ready to vote? Process Point of Order 1. Member says, "Point of Order" 2. Chair says, "State your point." 3. Member explains issue. 4. Chair says, "The point is well taken," or "The point is not well taken." When someone says "Point of Order" but can't explain what they mean What rule has been broken? Process Point of Information 1. Member says, "Point of Information." 2. Chair replies, "State your question." 3. Member states question. 4. Chair can respond three ways: Respond yourself. Ask someone else to respond. 0. Say, "Well get back to you later." When "Point of Information" is misused to give information What information does the member need in order to decide how to vote? If someone is dominating the meeting No one may speak a second time until everyone who wishes to do so has spoken once. Does anyone else wish to speak on this topic? When comments are not germane (relevant) Members will kindly keep their remarks strictly to the topic under discussion. If people are whispering Members willkindly refrain from sidebar conversations. Adjourning the meeting There being no further business, this meeting is adjourned. • Strive to be firm, fair and friendly. • Use the "third person"to keep things neutral and lessen conflict. • Give up on the word but. Always say and. • Say kindly, not please, which sounds like pleading. • Say very well and move on. • Beware of "negativity bias." No frowning, no sarcasm, no eye -rolling. • Keep an emotional connection with the members by emphasizing what we have in common. www.jurassicparliamenLcom ©Jurassic Parliament 2018.411 rights reserved. 64 Flow of authority The principles produce this flow of authority at a meeting: The group adopts its rules and guidelines. In attending, members accept the rules of the group. During meetings, the presiding officer applies the rules for the benefit of the group. All persons present at a meeting have an obligation to obey the legitimate orders of the presiding officer. (RONR p. 645) Any member who disagrees with a ruling, decision or order by the presiding officer may appeal the ruling. If another member seconds the appeal, the group will decide by majority vote whether the ruling, decision or order is legitimate. (RONR p. 65o) The presiding officer obeys the group's decision. RONR = Robert's Rules of Order Newly Revised, nth edition Jurassic Parliament Workbook: Running Great Meetings Using Robert's Rules page 28 of 3o 65 CITIZEN'S GUIDE TO EFFECTIVE CONDUCT OF PUBLIC MEETINGS USING PARLIAMENTARY PROCEDURE AND ROBERT'S RULES OF ORDER IN WASHINGTON STATE © City of Mountlake Terrace, Washington. Used by permission. This guide has been prepared to assist citizens and residents who want to know the expectations for public meetings under parliamentary procedure and Robert's Rules of Order in Washington State. We use the example of a city council; these questions are also relevant to other local government bodies such as county commissions, school boards, special districts, etc. We are parliamentarians and nothing in this guide constitutes legal advice. John Berg, PRP Kevin R. Connelly, PRP, CP Ann G. Macfarlane, PRP K. Ann McCartney, PRP, CP -T Paul McClintock, PRP, CP -T Weldon L. Merritt, PRP, CPP Beverly Przybylski, PRP Mary L. Randolph, PRP, CPP -T Matthew J. Schafer, PRP 66 Table of Contents I�TD�DD��I�DJ.........................................................................................3 I. PARLIAMENTARY PRO[RD[JRR............................................................................4 O. PRESIDING 4 III. 88A\K}8........................^....^....^~...^~...^^~...^~...^~...^~...^~..5 DV. MEETING NOTICES AND AGENDA 6 V. DEBATING 6 VI. 7 VII. POINT 0FORDER AND APPEAL ............................................................................8 VDI. ADJOURNMENT AND ORDERING /\ MEMBER 7ULEAVE THE MEETING ...............9 IX. PUBLIC COMMENT PERIOD October 6, 2017 Updated as of December 11, 2017 02017 by John Berg, Kevin R. Connelly, Ann G. Macfarlane, K. Ann McCartney, Paul McClintock, Weldon L. Merritt, Beverly Przybylski, Mary L. Randolph, and Matthew J. Schafer. All rights reserved. This guide iSlicensed under the Creative Commons AttdbDd0n' yJ0oC0ozozerTi8l'N0Derhv8tbe6 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/4.0/. In summary, this guide may be reproduced without any modifications and with attribution, but it may not be used for any commercial gain, either by itself or incorporated into a larger work or collection. There are other rights and obligations in the use or redistribution of this guide. See the license at the web address given above. 67 INTRODUCTION This material is general and educational in nature. The answers are based on Robert's Rules of Order Newly Revised, lith edition (abbreviated RONR) and our own experience. The National Association of Parliamentarians (parliamentarians.org) and the American Institute of Parliamentarians (aipparl.org) provide extensive information on parliamentary procedure. For additional information on many of these questions, MRSC (Municipal Research and Services Center) has valuable reference materials available for free download (mrsc.org). In this guide we talk about "mayor -council" cities, in which the mayor is elected by the people, and "council- manager" cities, in which the city council elects the mayor from among its own members. Charter cities are governed by the contents of their charter and state law. Throughout this guide, the term "mayor" means "presiding officer" (the person in charge of running the meeting). In every state, state law governs the actions of local government. Many states give access to their relevant statutes online. The Revised Code of Washington (RCW) is mentioned for reference purposes only. Nothing in this guide constitutes legal advice. Consult your attorney or another qualified authority if you have questions about how these general principles apply in a specific situation. PRP Professional Registered Parliamentarian (NAP) CP Certified Parliamentarian (AIP) CPP Certified Professional Parliamentarian (AIP) CP -T Certified Parliamentarian -Teacher (AIP) CPP -T Certified Professional Parliamentarian -Teacher (AIP) Excerpts from the Revised Code of Washington (RCW): RCW 35A.12.loo (Mayor -council) The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money. RCW 35A.13.o3o (Council-manager) The chair of the council shall have the title of mayor and shall preside at meetings of the council. RCW 35A.12,12o The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and maintenance of order. (Note: This applies to both mayor -council and council-manager cities.) 68 I. PARLIAMENTARY PROCEDURE I thought state law governed the conduct of city council meetings. Why do mayors and members of city councils have to follow parliamentary procedure? Under Washington State law, councils determine their own rules: RCW 35A.12.12o "The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order." The set of ordinary and customary rules that councils usually choose for their meetings is "parliamentary procedure." These customs, rules and guidelines have evolved over the last 50o years to govern the conduct of public meetings. They form part of the common law. The courts have found that public bodies must follow parliamentary principles. In some states, the requirement to follow parliamentary principles is specifically included in state law. If a council hasn't adopted Robert's Rules of Order, can it run its meetings the way it likes? No. Robert's Rules of Order is one widely -used authority summing up the general understanding of parliamentary procedure. There are other authorities as well. Even if a council has not adopted any authority, it is still bound by parliamentary principles as part of the common law. What does the principle of majority rule mean? The principle of majority rule means that the decision of a majority of the members of the body (more than half of those present and voting) is the decision of the entire council. The minority must make it their own, or at a minimum, may not take actions to prevent the council from carrying out its decision. What is a quorum? A quorum is the minimum number of voting members who must be present for business to be done. Unless otherwise specified, it is a majority of the members then in office. In a mayor -council city, the mayor is not counted towards the quorum. RONR pp. 345-351 Can a council suspend all of Robert's Rules? No. RONR p. 263-265 How can a rule be suspended? If a member wishes to suspend a rule, for instance, to allow a member of the public to speak longer than the allotted time, he says, "I move to suspend the rules in order to allow the citizen to complete his remarks." This motion needs a second and cannot be debated. It usually takes a two-thirds vote to pass. The specific rule being suspended is not mentioned, only the purpose. Some rules cannot be suspended. RONR pp. 260-267 II. PRESIDING Who is in charge of running a public meeting, such as a city council, school board or special district meeting? For each body, there is a specific individual who has authority to run the meeting, either by election or appointment. This person's personal authority is subject to state law and regulations, any bylaws or guidelines adopted by the body, and the will of the body itself. Depending on the body, this individual will have the title of mayor, president, chair, etc. In a city council, the mayor has the duty of running the meeting. El 69 Under the Revised Code of Washington, a mayor elected by the people is supposed to run the meeting. Doesn't he have the right to run it the way he likes? No. The mayor in a mayor -council must follow the principles outlined in parliamentary procedure. During the meeting, he is the servant of the group, and the group is the final authority. The group's final authority is exercised by using the motion to appeal. III. MAYOR What are the obligations of the mayor during a meeting? The mayor has the following duties. RONR pp. 449-450 Open meeting To open the meeting at the appointed time by taking the chair (sitting in the seat reserved for the presiding officer), after finding that a quorum is present, and calling the meeting to order. Announce next activity To announce in proper sequence the next activity before the council in accordance with the prescribed order of business. Recognize members To recognize council members who are entitled to the floor (who have the exclusive right to be heard at that time). State questions and put to vote To state and put to vote all questions that legitimately come before the council as motions or that otherwise arise in the course of proceedings, and to announce the result of each vote; or, if a motion that is not in order is made, to rule it out of order. Refuse to recognize dilatory motions To protect the council from obviously dilatory (recurrent time -wasting or obstructive) motions by refusing to recognize them. Enforce order and decorum To enforce the rules relating to debate and those relating to order and decorum within the council. Expedite business To expedite business in every way compatible with the rights of council members and the council rules. Decide all questions of order To decide all questions of order subject to appeal— unless, when in doubt, the mayor prefers initially to submit such a question to the council for decision. Respond to inquiries To respond to inquiries of council members relating to parliamentary procedure or factual information bearing on the business of the council. Authenticate documents To authenticate by his signature, when necessary, all acts, orders and proceedings of the council. Close meeting To declare the meeting adjourned when the council so votes or—where applicable—at the time prescribed in the agenda, or at any time in the event of a sudden emergency affecting the safety of those present. Is the mayor a member of the city council? In Washington State, the mayor of a council-manager city is a member of the city council, but the mayor of a mayor -council city is not. What right does the mayor have to speak at a city council meeting? The mayor must, of course, speak about procedural matters in order to carry out the duties outlined above. 70 The mayor in a council-manager city has the same right to speak about issues facing the council as any other council member. • RONR has special rules for small boards (up to about 12 members). In a mayor -council city with a small council, the elected mayor customarily has a right to speak on matters pending before the council, even though technically not a member. In a larger council, if the elected mayor wishes to speak on substance, he should step down from the chair in order to participate in debate, while another who has not and will not speak on the matter presides, resuming it only when the item has been dealt with. RONR pp. 394-395. Can the council remove the mayor as presiding officer during a city council meeting and appoint someone else in his place? This is primarily a legal and not a parliamentary question. IV. MEETING NOTICES AND AGENDA Who authorizes the notice of a special meeting? Issuing notices of a meeting is part of the administrative duties of the mayor. The mayor is bound to issue notices of special meetings that are called according to state law and council rules. Who decides what goes on the agenda of a public meeting? The mayor prepares the draft agenda of a public meeting, but the final content of the agenda is subject to the vote of the council. RONR p. 372-373 V. DEBATING Who decides who may speak in debate and in what order? The mayor recognizes council members (gives them permission to debate) in accord with the rules of parliamentary procedure. For example: • The person who makes a motion has the right to debate first if he wishes to. RONR p. 379 • No one may debate a second time until everyone who wishes to do so has spoken once. RONR pp. 379, 388-389 • The mayor may not refuse to recognize council members based on personal preference. RONR pp. 376-377 May council members interrupt each other or the mayor? No. Interrupting is forbidden under RONR. An exception is that a council member may interrupt to raise a "point of order" if a procedural rule is being broken that needs immediate attention. RONR pp. 383-385 May the mayor interrupt a debater? No. RONR says specifically that the chair may not interrupt a debater except for a point of order, so long as no council rules are broken. The mayor may not interrupt even if he knows more about a given subject than the debater. RONR pp. 43-44 May the council members debate directly to each other? It depends. In a large council, council members must address all remarks to the chair. In a small council (up to about 12 members) council members may speak directly to each other. However, the rule that no one may 71 debate a second time until everyone who wishes to do so has spoken once still applies. Allowing members to debate to each other often leads to one-on-one conversations that violate this rule. RONR p. 392; PP. 487-488 What kinds of remarks are forbidden at city council meetings? There are certain types of unacceptable remark under RONR. Council members may not make such remarks, which are considered to be irrelevant (not germane) to debate. (Members of the public are not bound by these restrictions.) RONR pp. 392-393 • Personal remarks (remarks about a person's individual qualities, rather than his views) • Insulting language, personal attacks, profanity and vulgarity • Inflammatory remarks • Criticizing a past action of the group, unless the topic is under discussion by the group as a whole, or the member plans to introduce a motion to amend or rescind the action at the end of his speech. • Remarks that are not germane (relevant) to the topic under discussion. Who decides whether a remark is forbidden under these rules? The mayor issues a ruling about improper remarks, subject to appeal. A council member may also object to an improper remark. May the council invite a member of the public to speak at a public meeting? Yes. The council may invite anyone it chooses to address it. VI. VOTING How many votes does it take to pass a motion or resolution? In most cases it takes a majority vote to pass a motion or resolution. RONR pp. 400-429 What is a majority vote? This is a vote in which more than half of the members who cast a vote vote in favor of the motion: 2 or 3 members vote 2 in favor 4 or 5 members vote 3 in favor 6 or 7 members vote 4 in favor 8 or 9 members vote 5 in favor What is a two-thirds vote? This is a vote in which at least two-thirds of the members who cast a vote vote in favor of the motion: 2 or 3 members vote 2 in favor 4 members 3 in favor 5 or 6 members vote 4 in favor 7 members vote 5 in favor 8 or 9 members vote 6 in favor 72 Who decides what the outcome of a vote is? The mayor announces the result of a vote and has a special obligation to verify it beyond reasonable doubt. RONR p. 48 If the mayor announces the result of a vote, and it seems to a council member that he made an error, what should the council member do? If the vote was taken by voice, the council member should call out "division." The mayor must then retake the vote by raising hands or asking council members to stand. At the request of any council member, the vote must be taken by roll call. RONR p. 52 Can the mayor vote at council meetings? In a council-manager city, the mayor may vote. In a mayor -council city, the mayor ordinarily has no vote. However, the mayor may vote in one instance: to break a tie in a matter that is NOT the passage of an ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money. If the council passes a resolution or motion, can the mayor veto it? Mayors in mayor -council code and second class cities can veto ordinances passed by the council, but such a veto may be overridden by the vote of a majority of all council members plus one more vote. The mayor does not have the power to veto other actions of the council. Mayors in towns do not have a veto power. In a council-manager city, mayors also do not have a veto power. The veto power of mayors in the ten first class cities are detailed in their city charters. VII. POINT OF ORDER AND APPEAL What should a council member do when someone breaks one of the rules? A council member can make a point of order. This is a motion that requires another council member, or the chair, to abide by the council's rules or parliamentary rules. If an error isn't obvious, the council member may have to briefly explain how the rules are being broken. This motion is made by just one council member and in most circumstances the motion must be made at the time of the rule violation. When this motion is made it immediately and temporarily stops business until the point is ruled on by the chair, who will either agree with the council member and enforce the rule, or may disagree with the council member. Once the chair rules that the point of order was well taken (correct) or not well taken (incorrect), the business that was interrupted then continues (unless the chair's ruling is immediately appealed). RONR p. 247, 255 How does a council member raise a point of order? The council member who sees a rule violation and wants the rule enforced should stand up, interrupt the chair or a speaker if necessary, and without waiting to be recognized, call out, "Point of order!" or "I rise to a point of order." RONR p. 253 Can a council member raise a point of order about the chair's actions? Yes. Everyone in the meeting must follow the rules. If this happens, the chair issues a ruling on his own action. Can a member of the public raise a point of order? No. Only a council member can raise a point of order. 73 What should council members do when they disagree with a ruling by the mayor? A council member can appeal the chair's ruling, which then tells the chair that the council member is in disagreement with the chair's interpretation and that he wants the council to decide it for themselves. The appeal must be made immediately. If other business intervenes, then it is too late to appeal the chair's decision or ruling. When the motion is made, it immediately and temporarily stops the pending business until a decision is reached on the appeal. After a vote is taken on the appeal by the council members, the business that was interrupted then continues. RONR pp. 255-56 How is an appeal conducted? A council member stands and without waiting to be recognized says: "I disagree with the ruling by the chair." The chair should recognize an appeal, even if worded simply as, "I don't think that's right — I disagree with you." The formal wording is, "I appeal from the decision of the chair." The chair then processes the motion. RONR p. 259 Can appeals be debated? Appeals pertaining to language and decorum may not be debated. In general, other appeals can be debated. There is a special process for debating an appeal. RONR p. 257 Are there rulings that cannot be appealed? Yes. A point of order that was raised while an appeal is pending cannot be appealed, nor can a ruling by the chair for which there cannot possibly be two reasonable opinions. RONR p. 256 What should the council members do if the mayor ignores . appeal? This is a highly significant violation of parliamentary procedure which should never happen. The council member may stand and take the vote himself. Education is critical so that all involved understand how this process works. Consult an attorney if legal action is needed. RONR p. 651 VIII. ADJOURNMENT AND ORDERING A MEMBER TO LEAVE THE MEETING May the mayor adjourn the meeting when he chooses? No. The mayor may adjourn the meeting on his own initiative only in two instances: • If the council has come to the end of its agenda and there is no further business. • If a riot or other dangerous situation has arisen. RONR p. 233-242 May the members adjourn the meeting when they choose? Yes. When the council votes in favor of adjournment, the meeting ends, even if there is unfinished business. This motion cannot be debated and requires a majority vote. May the mayor order a member of a city council to leave the meeting? No. May the council members order one of their own members to leave the meeting? Yes. In situations where disruption or disorderly conduct by a council member warrants it, the other members may direct that he leave the meeting. Usually warnings are given first. The removal can be ordered only for a single meeting, not for future meetings. It is best to have adopted policies in place that state when and how such an event might occur. RONR pp. 643-653 74 IX. PUBLIC COMMENT PERIOD What is the purpose of the public comment period at public meetings? The purpose of the public comment period at public meetings is for the public to inform the council about their views on matters before the council. It is not intended for debate and discussion with the public. When back -and -forth exchanges occur, it can become a challenge to describe the council's position correctly and accurately, and substantial confusion may result. Councils should have other channels in place to answer questions, address concerns, and dialogue with the public—community forums, surveys, personal discussions, a form on the website to contact council members or staff, etc. May the council place limits on the public comment period? Yes. The council may place reasonable limits on when public comment is taken, how long people may speak, and how long the public comment period will be; the council may also require that the subject matter pertain to the council's work. All such rules must be "viewpoint -neutral," that is, they may not favor one opinion over another. Should the public in attendance clap, boo, hiss or speak over other people during the meeting? No. This should never happen. Expressions of opinion of this type, whether positive or negative, are intimidating to others and may lead to the suppression of free speech. They also impede the council from doing its business. May the mayor or members encourage the crowd to clap, boo, hiss or speak over other people during the meeting? No. What should the mayor and council do if the public becomes rowdy and unruly during a meeting? The mayor should explain firmly to the public that they have an obligation to allow the council to do its business. In cases of severe disruption, the council may order the room cleared, or may move to another location (see RCW 42.30.050). Advice from the attorney is helpful in such cases. Can the mayor order a member of the public to leave the meeting? State and Federal law and court cases pertaining to open meetings and free speech govern this question. The authors may be contacted at: John Berg, PRP Kevin R. Connelly, PRP, CP Ann G. Macfarlane, PRP K. Ann McCartney, PRP, CP -T Paul McClintock, PRP, CP -T Weldon L. Merritt, PRP, CPP Beverly Przyblyski, PRP Mary L. Randolph, PRP, CPP -T Matthew J. Schafer, PRP nap@jb7o.net tdk91692@gmail.com ann@jurassicparliament.com ann@silverbeach.com pmcclintock@gmail.com weldonlmerritt@gmail.com beverlyp9@comcast.net mlrandolph@msn.com matthew.j.schafer@gmail.com Citizen's Guide to Effective Conduct of Public Meetings Using Parliamentary Procedure and Robert's Rules of Order in Washington State ©2017. AU rights reserved.