University Area Commission – Governance Committee
Annual Report – 2008 – 2009 Commission Year
Members (Attendance: P=Present, E= Excused, A= Absent): Sean Cunningham (A=2, Resigned Oct-08), Sharon Young (P=12), Grayson Atha (P=8, E=3), Becky Sterrett [Started Nov-08] (P=6, E=2), Stephen Volkmann (P=8, E=3), Justin Pinsker (P=3, Resigned Dec-08), Nick Uhas (E=2, A=1, Resigned Nov-08), Julius Jefferson, (A=4, Resigned Mar-09) and David Hegley, Chairperson (P=12)
The Committee had a busy year covering a broad range of topics. The Committee took a conscientious approach to investigating, discussing and proposing solutions to issues affecting the parliamentary running of the University Area Commission. This report is broken into three sections 1. items associated with the UAC by laws, 2. items pertaining directly to Robert’s Rules of Order and 3. Special projects.
By Laws Reviews:
Several by laws were reviewed this year. No changes were brought to the full commission for a vote. Two changes voted on by the Committee to move forward but were not brought for a vote this year include: The Commissions ability to rescind a vote. The City Attorney’s office responded cautioned us to be aware the business of the City can go on despite our rescinding a vote, however, there was no precedent to say we could not remove Article I, section 4 paragraph A. Second was a recommendation to eliminate Article V, section 10 stating all Commissioners are Ex-Officio members of all committees. Items that did not pass Committee vote to move forward: When a Commissioner should abstain from voting, the Committee decided following Robert’s Rules of order was sufficient and no by law change was necessary. A comprehensive review of the public comment policy was completed. Several changes were made to the speaker slips to bring their information into compliance with the by laws. Items not requiring a by law change: Adding a formal letter writing policy to the by laws was discussed. It was decided there was merit for the Commission to have a formal policy. However, adding it to the by laws was not recommended. Finally the committee began the process to index the by laws in order to make finding information easier.
Robert’s Rules of Order:
Much of the work the committee did focused on clarifying Robert’s Rules and how they should be applied. The first item was addressed was when the Chair should speak during meetings. RONR, states the chair should speak only when necessary and when speaking on a motion must relinquish the chair for the duration of motion on the floor. The ability of the Commission to censure a Commissioner was discussed. There is no formal censure policy outlined in the RONR or the by laws. It was decided no further action would be taken. If a Commissioner committed a grievous act it is possible to follow RONR disciplinary procedure, which would require a formal trial. Following are details of RONR the Committee was asked to research:
A. Friendly Amendment: Any amendment the (or any other motion) appears to the chair to be uncontroversial.
Procedure From the Floor:
1. Be recognized by the chair
2. State: I move to make a “Friendly” amendment
3. State exactly where in the main motion the change is to be made and precisely what words to use. (It is not acceptable to give the spirit of the language)
Procedure for the Chair: It is proper for the chair to ask if there is “any objection” to adopting the amendment. If no objection is made, the chair may declare the amendment adopted. Note: If any member objects, the amendment is subject to debate and vote like any other, regardless of whether the maker of the motion calls it “friendly” and regardless of whether the maker of the original motion endorses its adoption. [RONR (10th ed.), p. 154.]
Background: On occasion, while a motion is being debated, someone will get up and offer what he or she terms a “friendly amendment” to the motion, the maker of the original motion will “accept” the amendment, and the chair will treat the motion as amended. This is wrong. Once the chair has stated a motion, it is no longer the property of the mover, but of the assembly. The full body must adopt any amendment, “friendly” or otherwise, either by a vote or by unanimous consent.
Note: Robert’s Rules of Order Newly Revised did not define friendly Amendment until the 10th Edition. Prior to that, there was no provision in Robert’s Rules for a “Friendly Amendment.” The only way a motion can be modified without a vote, after the Chair has stated it, is with the unanimous consent of the members present.
B. Motion to Postpone:
1. Motion to postpone indefinitely: This is a subsidiary motion, which is applied directly to the pending main motion. The purpose of this motion is to diffuse potentially damaging motions. It is also used to kill a motion. Once this motion is made debate on the main motion is still open for discussion. Key Characteristics:
a. Can’t interrupt a speaker who has the floor
b. Must be seconded
c. Is debatable if the motion to which it is applied is debatable (Debate isn’t restricted to the pros and cons of the amendment, but may go into the merits of the main motion)
d. Can’t be amended
e. Requires a majority vote for adoption
f. Can be reconsidered if adopted
Proper way to make this motion: “I move to postpone the pending motion indefinitely”. In the event you have exhausted your right to speak on the main motion, you now have the opportunity to speak again on this secondary motion. If the motion does not pass, the body goes back to the main motion.
2. Motion to postpone to a certain time (definitely): This motion does not kill the motion, only reschedules its consideration. Key characteristics:
a. Can’t interrupt a speaker who has the floor
b. Is debatable (Permissible debate is restricted to the pros and cons of postponement only. Debate may not go into the merits of the main motion.)
c. Can be amended, specifically the details of the time to which the postponement is made and whether it should be made a special order
d. Requires a majority vote
e. Can be reconsidered if adopted (If the motion to postpone definitely fails, the motion can be reconsidered as long as no material debate has progressed on it. If no additional debate has occurred, the reconsideration vote is bypassed, and the motion just needs to be renewed)
To make this motion you need to decide when you want to readdress the postponed motion. Examples of times to postpone including, later in the current meeting or next regular meeting.
C. Motion to Lay On the Table:
The motion to Lay on the Table is often confused with the motion to Postpone to a Certain Time. The purpose of the motion to Lay on the Table is to enable an assembly, by majority vote and without debate, to lay a pending question aside temporarily in order to take up something else of immediate urgency. In ordinary societies it is rarely needed, and hence seldom in order. [RONR (9th ed.), p. 176-188; see also p. 127 of RONR 10th ed. In Brief.] This is only in order if something requiring an immediate decision by the body comes up.
When making this motion you must clearly state what circumstances have come up that require the body to lay the pending motion on the table. All main motions and secondary motions on the floor at the time of motion to lay on the table is adopted is put on the table. Once the urgent business is taken care of all previous pending business is removed from the table and debate continues.
NOTE: It is never in order to use the motion to lay on the table to kill a motion or to delay its consideration. If the presiding officer believes the merits of the motion are out order, the motion will be changed to Postpone to a later date of indefinitely.
Key Characteristics:
1 .Can’t interrupt a speaker who has the floor
2 .Must be seconded
3. Isn’t debatable
4. Isn’t amendable
5.Requires a majority vote
6. Can’t be reconsidered if adopted because the motion to take from the table is easier for that purpose (reconsideration is permitted if lay on the table fails, as long as no material debate has progressed on the motion or motions to which it was applied. If additional debate has occurred, a reconsideration vote is unnecessary. The motion to lay on the table just needs to be renewed.)
D. Motion to Refer to a committee
According to Robert’s Rules the correct terminology is “Motion to Commit”, but refer to a committee is acceptable. The key points to this type of motion are:
1. It is a subsidiary motion to a main motion (treated just like a motion to amend)
2. Requires a majority vote to pass
3. Is amendable when it is the active motion on the floor.
4. Is debatable (only about the motion to commit). It is never in order to debate if the main motion is good or bad when discussing this subsidiary motion.
5. Always identify the committee to which the motion is being referred to
6. This motion can include instructions like: when to report back, etc.
7. Motion to Commit is amendable
Special Project:
The Committee spent a lot of its time investigating creating a uniformed citywide elections for all area commissions. The initial intent was getting on official Franklin County ballots. A lot of work was done to understand the voting districts in the University Area to understanding the cost involved in placing names on the ballot. Currently the Committee is still working to understand what if any interest there is with other Area Commissions.
Respectfully Submitted,
David Hegley, 2008-09 Governance Chairperson