The Majority Rules - Robert's Rules

1 THE BROWN ACT AND robert S Rules The Majority Rules But Why Let Them? Lorenzo R Cuesta Professional Registered Parliamentarian September 30, 2011 San Diego Community District City, Mesa, and Miramar Colleges LRCuesta, PRP 2 Parliamentary Workshop San Diego Community College District Hierarchy of Governance Federal Statutes State Laws: 9 Corp. Code Name; Object 9 Brown Act Open Meeting Laws City and Local Statutes Constitution: Members; Officers; Meetings Bylaws: A Society s Business Defined Rules of Order ( robert s): Everything else Standing Rules : Maintenance Rules Customs: Scary part Your goal is to convince the public that you have exceeded the requirements of the Brown Act. The Brown Act of 1953 Rules Rule #1 Always do more than necessary Rule #2 Take the Sweetheart Approach 9 The most you have already done is probably not enough.

2 Rule #3 - Stop the hypothetical What if Rule #4 - When in doubt see Rule #1 The Brown Act of 1953 Requires What an agency is obligated to do 9 Post an agenda 72 hours before the meeting in a public and accessible location, 9 Briefly describe each item on the agenda, 9 Allow free and unqualified access to the public for any meeting of a Majority of the members, 9 Allow public to record the meeting and address the board, standing committee, membership, etc., 9 Vote openly even if by secret ballot, 9 Prohibit Serial Meetings, and 9 Conduct all Close Sessions in an open fashion. The Brown Act of 1953 Covers What an agency MAY do 9 Hold Teleconference Meetings with a few restrictions, 9 Hold Special Meetings with some restrictions, 9 Hold Emergency Meetings with many restrictions, 9 Hold Closed Sessions under very strict conditions, and 9 Apply its Constitution, Bylaws, Standing Rules , and robert s Rules of Order as long as these do not conflict with the Brown Act.

3 LRCuesta, PRP 3 Parliamentary Workshop San Diego Community College District Sample Order of Business ** 1. Reading and Approving of the Minutes: If there is no objection the minutes will be adopted as read/distributed/printed. 2. Reports of Officers, Boards, and Standing Committees: Recommendations from the report may result in motions from any member in attendance. Or a member may ignore the recommendation and move a completely different motion. Reports are heard in the order that the officers, boards, or standing committees are listed in the bylaws. But if these are not listed in the bylaws, the officer or committee has no power in your association. 3. Reports of Special (Ad hoc) Committees: Recommendations from the report may result in motions from any member in attendance. Reports are heard in the order that the special committees were created. 4. Special Orders: Issues are taken in the order they were moved (by a 2/3 vote).

4 Those Special Orders not dealt with at the last meeting come first. Often the bylaws dictate that a certain task (such as elections, creation of committees, etc.) must be dealt with at a specific meeting. These bylaw tasks are typically dealt with as a Special Orders. 5. Unfinished Business and General Orders: Any issue that was left pending when the last meeting adjourned, or which was not reached before adjournment, constitutes Unfinished Business. Any motion that was postponed from the last meeting to the current meeting constitutes General Orders. The older motions come before the newer motions. 6. New Business: Any issue new to the current meeting. ** Exceptions: Opening Ceremonies come before the Order of Business. Program, Announcements, and Closing Ceremonies come after the Order of Business. LRCuesta, PRP 4 Sample Minutes Society for the Protection of the Airline Cuisine Providers Minutes of the Regular Meeting May 20, 2011 1.

5 The regular meeting was called to order at 7:30 by the president. The secretary was present. A quorum was present. The Pledge of Allegiance to the Flag of the United States of America was led by Mrs. Ima Goodsport. The minutes of the April 15, 2011 meeting were approved as corrected. 2. The Treasurer reported a balance as of April 1, 2011 of $ ; receipts, $ ; disbursements, $ ; balance as of April 30, 2011, of $ [DONE] 2. The Finance Standing Committee chairman moved adoption of the committee s recommendation that the society sponsor a bus trip to Las Vegas as a money raising project. The motion was postponed to the next meeting. 2. The Entertainment Special Committee moved adoption of the board recommendation to hire Monkey Business as entertainment for the installation dinner. The motion was postponed until the next meeting and made a special order. 5. Ms. Buttercup Chickabididdy moved to have the roof on the society building repaired.

6 This motion had previously been postponed. The motion was referred to a committee of three to be appointed by the chair to investigate and report with a recommendation at the next meeting. The chair appointed Ms. Buttercup Chickabididdy (chair), Mrs. Spacey Airhead, and Mr. Ab Noxious. 6. Ms. Goldie Greenchstuff moved a new motion to donate $100 to the Boys Scouts. The motion was laid on the table in order to hear Mrs. Uppidy Fashonsetter, the national representative, who reported endlessly on activities at the national office. 6. Mr. Ben E. Factor moved to take a bus trip to the state legislature to lobby for the safety of the Sacramento Dodo Birds. Miss Bea Haven raised a point of order that the motion was outside the objects of the society. The chair s ruling that the point was well taken was sustained. [DONE] 6. Mr. Jed Clampett gave notice that at the next meeting he will move to rescind the motion adopted at the last meeting to change the logo from an attacking clay pigeon to a sleeping clay pigeon.

7 6. Ms. Iva Notion moved to buy new carpeting for the society building. Mrs. Guayto Cautious moved to amend by adding, over my dead body. Motion was left pending because Mr. Steke Indamod called for the orders of the day since it was 9:30 , the time set for adjournment. 7. The chair announced that the bylaws require election of the nominating committee at the June meeting and adjourned the meeting at 9 Effi Shent Secretary LRCuesta, PRP 5 Sample Agenda for the June 17, 2011 Meeting (Based on the minutes of May 20, 2011) Society for the Protection of the Airline Cuisine Providers Minutes of the Regular Meeting June 17, 2011 1. Reading and Approving of the May 20, 2011 Minutes: 2. Reports of Officers, Boards, and Standing Committees: 3. Reports of Special (Ad Hoc) Committees: Special Committee on Roof Repairs: 5-Motion to have the society s roof repaired (referred last month) 4.

8 Special Orders: 7-Election of Nominating Committee (based on the Bylaws) 2-Motion to hire Monkey Business as entertainment for the installation dinner (was made a special order last month). 5. Unfinished Business and General Orders: 6-Motion to buy new carpeting (meeting adjourned during its consideration) 2-Motion to sponsor a bus trip to Las Vegas as a money raising project (postponed last month) 6-Motion to donate $100 to the Boys Scouts (laid on table last month) 6-Rescind the society s logo (notice given last month). 6. New Business: Note: Adoption of the agenda: The agenda should be adopted at least by casually stating, If there is no objection, this will be this meeting s order of business. Time elements: They are constructive. They are destructive. LRCuesta, PRP 6 Parliamentary Workshop San Diego Community College District Dos and Don ts of Minute Taking Make sure you.

9 1. DO use the agenda as a guide; 2. DO record the kind of meeting, date, time, and location; 3. DO record the presiding officer's and the minute taker's complete name; 4. DO record the presence of a quorum if announced by the presiding officer; 5. DO write the full name of the maker of every motion; 6. DO include the totals from the treasurer's report for previous balance, receipts, disbursements, and current balance; 7. DO record the full names of officers and committee chairs who presented a report; 8. DO file complete signed reports of all written reports attached to the minutes as exhibits; 9. DO enter motions and amendments in the exact wording as stated by the presiding officer and as finally adopted; 10. DO show the exact action taken on every motion ( , adopted, defeated, postponed, referred, laid on the table, etc.); 11. DO record all counted votes, for and against; 12. DO record all Notices, Points of Order, Appeals (including the reason for the chair's ruling and the outcome of the appeal); 13.

10 DO include the category of business; 14. DO list the names of members elected or appointed to special committees, the name of each committee, and its purpose; 15. DO include important announcements pertaining to the whole society. Make sure to .. 1. NOT forget to check past minutes for agenda items; 2. NOT include the names of the seconders; 3. NOT include every detail from a report; 4. NOT include any content of the debate unless ordered to do so; 5. NOT include any motion withdrawn before the presiding officer stated it; 6. NOT include personal opinions or descriptive phrases; 7. NOT include words of praise or criticism from anyone; 8. NOT forget to include the time of adjournment; 9. NOT close with "Respectfully submitted,"; 10. NOT forget to date and sign the minutes with your title, adding whether the minutes were later adopted with or without corrections. LRCuesta, PRP 7 Parliamentary Workshop San Diego Community College District Six Steps to Handling a Motion A motion is a formal proposal by a member during a meeting that the assembly take certain action.