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CCP130 -- Rules of Order and Procedures for City Council Commission Committee and Boards. FINAL docCITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 1 of 14 1/5/16 130 _____________________ 1 The ability for a Commissioner/Committee Member/ Board Member to add Action Items to meeting agendas was removed by the City Council at its February 6, 2018, meeting. PURPOSE The purpose of this policy is to set forth rules of order and procedures relating to City Council Meetings, in order to ensure that government is conducted in the City of San Juan Capistrano in an orderly, fair and open way, and that the rights of the people to speak and be heard on matters of public interest are protected. SCOPE This policy applies to the City Council, Successor Agency, Housing Authority, and any other affiliated entity (now or later established) comprised, in whole or in part, by a majority of the City Council. This policy also applies to any Commission, Committee, or Board of the City, unless explicitly identified to the contrary. PROCEDURE I. CITY COUNCIL MEETING PREPARATION A. Deadline for Filing Items to Be Presented at Regular City Council Meetings. All items submitted for the City Council agenda must be in writing. The deadline for submitting an item to the City Clerk is 12:00 p.m., 15 days prior to the regular City Council meeting at which the item is to be presented. B. Placing an Item on the Agenda by a Council Member. Any Council Member may place an item on a future agenda, by requesting (under Council Action Items) such placement, accompanied by a brief written explanation. This only applies to Members of the City Council.1 C. Posting of the Agenda. The regular City Council meeting agenda shall be posted at 5:00 p.m. on the Wednesday before the Tuesday Council meeting. However, it may be reposted when it is necessary to add an item to the Agenda, up until 72 hours before the City Council meeting as provided for by law. D. Agenda Posting Locations. A complete copy of the City Council agenda shall be posted: (1) on the outdoor bulletin board at City Hall, 32400 Paseo Adelanto; (2) at the Library, 31495 El Camino Real; (3) at the Community Center, 25925 Camino del Avion; and (4) on the City’s website. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 2 of 14 1/5/16 130 _________________________ 2 The order of Business was changed by the City Council at its March 15, 2016, meeting by moving up “City Council Reports” before “Introductions/Presentation.” 4 The order of Business was changed by the City Council at its October 2, 2018, meeting by adding “City Manager Report” after “City Council Reports.” E. Delivery and Distribution of Agenda Packets. The City Council agenda packets are prepared by the City Clerk’s Office. Barring unavoidable difficulties or holidays, the Agenda packets will be distributed to members of the City Council the Wednesday evening preceding the Tuesday City Council Meeting. F. Backup Material for Agenda Items. Except in emergencies, each Agenda item shall be composed of the City Council Agenda Report cover sheet and all backup material needed for the City Council to take its action. II. CITY COUNCIL MEETING ORDER OF BUSINESS A. Order of Business. The order of business for regular meetings of the City Council shall be: Closed Session Roll Call Oral Communications Closed Session Open Session Roll Call Pledge of Allegiance Invocation Report of Closed Session City Council Reports2 City Manager Report4 Introductions/Presentations Oral Communications Public Hearings Administrative Items Consent Calendar Items Removed from the Consent Calendar Ordinances Council Action Items Adjournment CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 3 of 14 1/5/16 130 City Council Meeting Process and General Policies B. Reordering Agenda Items. The Mayor may, unless overruled by a majority of the City Council, reorder items on the Agenda to accommodate the public or to address other concerns. C. Review of Remaining Agenda Items. At the hour of 8:00 p.m., the City Council will review the remaining Agenda items and make a decision regarding which items will be considered before the 9:00 p.m. curfew and which items will be continued to the next meeting. D. City Council Meeting Curfew. The City Council Meeting curfew is 9:00 p.m. A four-fifths vote of the Council is required to extend a meeting beyond that hour. E. Presentations. Presentations shall be scheduled as necessary to recognize persons or groups, or to promote events. All presentation requests shall be forwarded to the Mayor. The Mayor will review the requests and determine whether any recognition will be given and what form that recognition will take (for example, Certificate of Appreciation, Certificate of Commendation, Proclamation). F. City Council Minutes. Minutes shall be submitted for approval and/or correction in draft form on the Consent Calendar at a subsequent regular City Council Meeting. The minutes shall conform to the City’s Minutes Policy. G. Notification of Meeting Absences. Members of the City Council shall notice the City Clerk when they are unable to attend a City Council Meeting, including the reason for such absence. Unless an emergency prevents it, the Councilmember shall notify the City Clerk in writing. III. CITY COUNCIL MEETING RULES OF ORDER A. Obtaining the Floor. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when that Council Member is appropriately entitled to do so. B. Council Member Comment. Each Council Member shall be allowed an initial opportunity to speak on an Agenda item. Following the comments by all members of the City Council, the Mayor may provide additional rounds of comments for each Council Member. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 4 of 14 1/5/16 130 C. Motions/Discussion. Motions shall be governed by Rosenberg’s Rules of Order, as set forth below. A motion to limit debate is not in order, unless each member of the City Council has spoken once. Council Members may be allowed to explain their vote. Council participation during the presentation of public testimony or staff reports shall be limited to questions asked at the conclusion of the testimony. No general discussion should be permitted, nor shall opinions/positions be presented by City Councilmembers, until the testimony has been completed. Council discussion not relevant to the matter should be reserved for the City Council Report portion of the Agenda. Comments inconsistent with the aforementioned should be ruled out of order by the Mayor. D. Voting. (1) It is the policy of the City Council that all members present at a meeting fully participate in the discussion of a matter and shall vote for or against a motion, unless disqualified by conflict of interest or other legal reason as provided in this Section. (2) If the vote is a voice vote, the Mayor or City Clerk shall declare the result and note for the record all yes votes, no votes and abstentions/recusals. The Council may also vote by roll call or ballot. Regardless of the manner of voting, the results reflecting all yes, no, abstention/recusal votes and the Council Members who cast them must be clearly set forth for the record. To be adopted, a motion requires the affirmative yes vote of a majority of the quorum present, unless a higher vote is required by statute, ordinance, or resolution. (3) If a member is disqualified from voting, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however, that if the matter is being considered on the Consent Calendar and has not been removed from Consent Calendar, the Council Member may remain on the dais and disclose the reason for disqualification. A disqualified Council Member may speak on the matter as a private citizen, but only to the extent allowed by the Regulations of the Fair Political Practices Commission. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 5 of 14 1/5/16 130 (4) For any abstention that is not legally required, the City Clerk shall record the Council Member’s abstention as an affirmative “non-vote.”3 (5) A tie vote means no action has been taken. E. Procedural Rules of Order. (1) The City Council hereby adopts the latest version of Rosenberg’s Rules of Order (2003 ed.) with respect to Motions for Reconsideration, pg. 4, which is incorporated by reference herein, as such Rules may be amended and updated from time to time. (2) In all other respects, The City Council hereby adopts the latest version of Rosenberg’s Rules of Order (2011 ed.), which is incorporated by reference herein, as such Rules may be amended and updated from time to time. In the event of any inconsistency between Rosenberg’s Rules of Order and any statute or City ordinance or resolution (including these policies), such statute, ordinance, resolution (including these policies) shall prevail. (3) The failure of the City Council to comply with such Rules shall not invalidate any action taken by the City Council. F. Rules of Decorum for Councilmembers (1) While the City Council is in session, all Councilmembers shall preserve order and decorum. No Councilmember shall delay or interrupt the proceedings of the Council or disturb any member of the public while he or she is properly recognized and addressing the City Council. (2) Discussion by Councilmembers must relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the City Council. (3) While the City Council is in session, Councilmembers shall not engage in any abusive or vulgar language and shall avoid personal attacks on any other member of the City Council, staff or the public; nor shall they publicly impugn the integrity or honesty of such individuals while the City 3 The voting requirement was changed by the City Council at its May 16, 2017, meeting, requiring abstention votes that are not legally mandatory, to be a “non-vote.” CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 6 of 14 1/5/16 130 (4) Once recognized by the Mayor, a Councilmember shall not be interrupted when speaking unless called to order by the Mayor, unless a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another member of the Council. If a Councilmember is called to order, that Councilmember shall cease speaking immediately until the question of order is determined; and, if determined to be in order, he or she shall proceed. (5) Any Councilmember may move to require the Mayor to enforce the rules of decorum and order, and the affirmative vote of a majority of the City Council shall require the Mayor to do so. IV. PUBLIC PARTICIPATION IN COUNCIL MEETINGS A. Audience Decorum. Members of the audience shall not engage in disorderly conduct that disturbs, disrupts, impedes, or otherwise renders the orderly conduct of the City Council meeting unfeasible or interferes with the ability of other members of the public who are properly recognized from addressing the City Council during oral communication portion of the agenda. A member of the audience engaging in such conduct shall, at the discretion of the Mayor or a majority of the Council Members, be subject to removal from that meeting. B. Request to Speak Form. Members of the public may address the City Council during Oral Communication and/or before consideration of any agenda item; however, no person shall address the Council without first being recognized by the Mayor. Any person wishing to speak, whether during Oral Communication or on an agenda item, shall be requested to first complete an Oral Communication or Request to Speak form and submit this form to the City Clerk before the Mayor calls for Oral Communication or calls the particular agenda item. C. Purpose. The purpose of addressing the City Council is to communicate formally with the Council regarding matters that relate to Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the Council. D. Speaker Decorum. Each person addressing the City Council shall do so in an orderly manner and shall not engage in conduct that disrupts, disturbs, or CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 7 of 14 1/5/16 130 otherwise impedes the orderly conduct of the Council meeting. Any person who so disrupts the meeting shall, at the discretion of the Mayor or a majority of the Council Members, be subject to removal from that meeting. E. Time Limit. In the interest of fairness to other persons wishing to address the City Council and to other individuals or groups having business before the City Council, each speaker shall limit his or her comments to three minutes. If a large number of people (generally twenty or more) wish to address the City Council, the Mayor may alter this three minute time rule. Such alterations may include, but shall not be limited to: (1) reducing the three minute time period; (2) requesting audience members to select a spokesperson to present their comments in a single presentation; (3) requesting members of the audience to indicate their support for a particular viewpoint by some other means (i.e., raising their hand, standing up, indicating on a request to speak form, etc.); or (4) for the Oral Communications section of the agenda only (i.e., non- agendized matters), establishing a time period (for example, 30 minutes) over which speakers would be required to speak following other agendized items. Consideration should, at all times, be given to balancing the free speech rights of members of the audience with the ability of the City Council to conduct the business activities of the City. F. Speak Only Once. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law. G. Addressing the Council. Comment and testimony are to be directed to the Mayor. Dialogue between and inquiries from citizens at the lectern and individual Council Members, members of staff, or the seated audience is not permitted. Council Members seeking to clarify testimony or gain additional information should direct their questions through the Mayor. H. Yielding of Time. It is understood that a person making a request to speak does so on his or her own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 8 of 14 1/5/16 130 time. No speaker will be allowed to yield part or all of his time to another, and no speaker will be credited with time requested but not used by another. I. Oral Communications (1) Non Public Hearing Items. The Agenda shall, at a single time prior to City Council action, provide an opportunity for Oral Communications upon all non-public hearing items noticed on the agenda or which may have been added pursuant to law. The Oral Communications may address any matter within the jurisdiction of the City, whether listed as non-public hearing items on the agenda and/or matters not specifically listed on the agenda. A member of the public who wishes to speak under Oral Communications will be asked to fill out an Oral Communication Request to Speak form and submit it to the City Clerk before the Mayor calls for Oral Communications. If such member of the public wishes to remain anonymous, such member shall be entitled to do so. Persons may speak under Oral Communications for a maximum of three minutes and shall not be allowed to defer any portion of their time to any other person. State law prohibits the City Council from discussing or taking action on any item not listed on the Agenda unless the Council makes a determination that an urgency exists and that the need to take immediate action on the item arose subsequent to the final posting of the Agenda. Councilmembers or staff members may provide brief response to comments when recognized by the Mayor for the purpose of doing so. (2) Public Hearing/Appeal Agenda Items. At Public Hearings, the property owner or the applicant has the burden of proof and, therefore, shall be allowed fifteen minutes for an initial presentation and an additional ten minutes for rebuttal following the other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property that is the subject of the Public Hearing, may have up to ten minutes to speak and shall not be allowed to defer any portion of their time to other speakers. All other members of the public may speak during the Public Hearing for a maximum of three minutes and shall not be allowed to defer any portion of their time to other speakers. If a large number of members of the public CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 9 of 14 1/5/16 130 wish to address the City Council on a public hearing or appeal item, the Mayor may take an action contained in Section V.(E), above. J. Violation of the Rules of Decorum. Upon violation of one or more of the rules of decorum established in Items A or D above, the procedure to enforce the rules shall be as follows: (1) Warnings. The Mayor shall first request that a person(s) who is violating the rule to cease such conduct. If, after receiving a request from the Mayor, the person(s) persists in violating a rule, the Mayor shall direct any peace officer who is present at the meeting when the violation occurs to warn the person that his or her conduct is violating a rule and that he or she is requested to cease such conduct. If, the person persists, in violating a rule, the Mayor may direct the peace office to remove any person(s) who persist in disturbing the meeting, and/or to cite the person as being in violation of Penal Code Section 403. The Mayor may order a recess of the meeting while the Council Chamber is cleared. (2) Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of a majority of the Council shall require the Mayor to do so. If the Mayor fails to carry out the will of the majority of the Council in this matter, the majority may designate another Council Member to act as Mayor for the limited purpose of enforcing the rules of decorum established herein. (3) Clearing the Room. Pursuant to the Ralph M. Brown Act (Government Code Section 54957.9), in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9. The Mayor may re-admit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 10 of 14 1/5/16 130 (4) Violation of the California Penal Code. A person or persons who substantially impair(s) the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor. V. PUBLIC HEARINGS A. Process and Procedures The City Council conducts Public Hearings on applications, projects, and other matters as required to provide due process of law. The following information outlines the process under which Public Hearings will be conducted. (1) Staff will review the application/project/matter, will prepare a staff report, and may make a recommendation or propose alternatives to the City Council prior to the Public Hearing. (2) A notice of the Public Hearing will be posted, published, and mailed as required by law. (3) The members of the City Council will receive the staff report for the application/project/matter in the Agenda packet prior to the meeting. This provides the Council with an opportunity to study the staff report, which will become part of the hearing record, and to become familiar with the project prior to the Public Hearing. (4) When the Public Hearing is called, staff will summarize the application/project/matter as contained in the staff report or request a continuance to a future meeting. The City Council may ask questions for clarification. City Council shall not express an opinion or position on the application prior to the conclusion of the public hearing. If a City Council member has spoken to any party or member of the public regarding a public hearing item, or has visited the subject property, the City Councilmember should briefly summarize such conversation and acknowledge the site visit. (5) Once the Public Hearing is opened, the applicant/property owner is entitled to present the application/project/matter in person or through a representative. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 11 of 14 1/5/16 130 (6) Following this presentation, members of the general public may speak, in the order in which they turned in their Request to Speak forms. (7) Once all members of the general public have spoken, the applicant/property owner will be provided an opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of opponents or staff. (8) Following each presentation, members of the City Council may question the speakers. (9) Following rebuttal, the item is then before the City Council for discussion and clarification. (10) When all parties have been heard and there are no additional requests to speak, the Mayor may close the Public Hearing and/or any member of the Council may make a motion to: a. Continue the Public Hearing to a date certain to allow for further study/discussion; or b. Close the Public Hearing and do one of the following (1) approve the application/project/matter as submitted, (2) conditionally approve the application/project/matter with certain revisions, (3) deny the application/project/matter, or (4) deny the application/project/matter without prejudice (this action will allow applicant to refile without waiting a specified time period and will permit the waiver of the required fees). (11) The applicant or property owner may withdraw the application/project/matter at any time before a vote is taken by the City Council. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 12 of 14 1/5/16 130 B. Mayor’s Guidelines for the Conduct of Public Hearings (1) The Mayor states “This is the time for the Public Hearing on Agenda item #_” (describe generally from Agenda). (2) The Mayor opens the Public Hearing by calling on the City Manager for the Staff Report. The City Manager will then call on the appropriate staff member to give the report. Council Members may ask clarifying questions of staff. (3) The Mayor calls on: a. applicant/property owner and asks him to state his name and address for the record, b. members of the general public, called in the order that they submitted their Request to Speak forms, c. the applicant/proponent for rebuttal, d. staff for any closing clarification. Following each presentation, the Council may question the speakers. (4) The Mayor declares that the Public Hearing is closed and states: “The issue is now before the City Council for discussion.” (5) The Mayor calls upon individual Council Members who request recognition to speak. (6) Following discussion, the Mayor or any Council Member may make a motion to: a. Continue the Public Hearing to a date certain to allow for further discussion or study; or b. Close the Public Hearing and, unless other options are available under the statute/ordinance, do one of the following: (1) approve the application/project/matter as submitted; CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 13 of 14 1/5/16 130 (2) conditionally approve the application/project/matter with certain revisions; (3) deny the application/project/matter; or (4) deny the application/project/matter without prejudice (this action will allow applicant to refill without waiting a specified time period and without repaying all of the required fees). (7) The Council votes on the motion. VI. COUNCIL POWERS A. Role of the Mayor (1) The Mayor is responsible for conducting the meeting and should not actively participate in discussion. The Mayor should reserve comment until all of the Council Members have spoken. (2) All comment should be directed to the Mayor. Cross talk between Council Members should be ruled out of order by the Mayor. B. Council Seating Order. The Council seating order shall be at the discretion of the Mayor. C. Selection of City Council Officers. At the first regular City Council Meeting in December of each year, the City Council shall select from among its members a Mayor and Mayor Pro Tempore to serve for the following year. The Mayor and Mayor Pro Tempore shall take office immediately following such reorganization. Each shall serve in their respective roles until their successor is appointed, until they are no longer serving on the City Council, or until replaced by a vote of the City Council. In the Mayor’s absence, the Mayor Pro Tem shall be the presiding officer at City Council meetings. In the absence of the Mayor and Mayor Pro Tem, the remaining City Councilmembers shall select the presiding officer from amongst themselves. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 14 of 14 1/5/16 130 VII. COUNCIL AUTHORITY The City Council shall have the authority to waive provisions of the procedures established by this policy unless the procedure is required. Failure of the Council to follow these procedures shall not invalidate or otherwise affect any action of the Council. ### Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg ii MISSION and CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California’s cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities. The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. © 2011 League of California Cities. All rights reserved. About the Author Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. 1 Table of Contents About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 To Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 2 Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg’s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.” Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ” A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.” The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.” 2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” “Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs. A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper. League of California Cities 1 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21 st Century About the League of California Cities Established in 1898, the League of California Cities is a mem- ber organization that represents California’s incorporated cities. The League strives to protect the local authority and autonomy of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes Western City magazine. About Western City Magazine Western City is the League of California Cities' monthly maga- zine. Western City provides lively, interdisciplinary analyses of issues affecting local governance. Its goal is to offer immediately practical ideas, information and bigger-picture policy issues and trends. For more information, visit www.westerncity.com. “Rosenberg’s Rules of Order” ﬁrst appeared in Western City magazine in August and September 2003. VISION: To be recognized and respected as the leading advocate for the common interests of California cities. MISSION: To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. About the Author Dave Rosenberg is an elected county supervisor representing the 4th District in Yolo County. He also serves as director of community and intergovernmental relations, director of opera- tions, and senior advisor to the governor of California. He has served as a member and chair of numerous state and local boards, both appointed and elected, and also served on the Davis City Council for 12 years, including two terms as mayor. He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies. In the fall of 2003, Gov. Davis appointed Rosenberg as a judge of the Yolo County Superior Court. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. ©2003 League of California Cities. All rights reserved. www.cacities.org 1 he rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn’t always been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Robert’s Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If you are running the British Parliament, Robert’s Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you’re running a meeting of a ﬁve- member body with a few members of the public in attendance, a simpliﬁed version of the rules of parliamentary procedure is in order. Hence, the birth of “Rosenberg’s Rules of Order.” This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simpliﬁed and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed. “Rosenberg’s Rules of Order” are sup- ported by the following four principles: 1. Rules should establish order.The ﬁrst purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear.Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly.That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority.The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the ﬁnal ruling on the rules. In fact, all decisions by the chair are ﬁnal unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, published agenda; informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the following basic format. First,the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second,following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21 st Century There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. by Dave Rosenberg League of California Cities2 a staff person, or a committee chair charged with providing information about the agenda item. Third,the chair should ask members of the body if they have any technical questions for clariﬁcation. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth,the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth,the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth,the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh,if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Motions are made in a simple two-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member’s desired approach with the words: “I move …” A typical motion might be: “I move that we give 10 days’ notice in the future for all our meetings.” The chair usually initiates the motion by: 1. Inviting the members to make a motion: “A motion at this time would be in order.” Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century Ninth,the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufﬁcient. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise or unless a super-majority is required (as delineated later in these rules), a simple majority determines whether the motion passes or is defeated. Tenth,the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” Motions in General Motions are the vehicles for decision- making. It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. Eighth,the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to make sure everyone understands the motion by repeating it. 2. Suggesting a motion to the members: “A motion would be in order that we give 10-days’ notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion.The basic motion is the one that puts forward a deci- sion for consideration. A basic mot- ion might be: “I move that we create a ﬁve-member committee to plan and put on our annual fundraiser.” 2. The motion to amend.If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10- member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. www.cacities.org 3 Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century 3. The substitute motion.If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “m ove a substitute motion.” A substi- tute motion might be: “I move a sub- stitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the ﬂoor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the ﬂoor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair’s designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the ﬂoor simultaneously. The chair may reject a fourth motion until the three that are on the ﬂoor have been resolved. When two or three motions are on the ﬂoor (after motions and seconds) at the same time, the ﬁrst vote should be on the last motion made. So, for exam- ple, assume the ﬁrst motion is a basic “motion to have a ﬁve-member commit- tee to plan and put on our annual fund- raiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a ﬁve-member committee, to plan and put on our annual fundraiser.” And per- haps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper proce- dure would be as follows. First, the chair would deal with the third (the last) motion on the ﬂoor, the substitute motion. After discussion and debate, a vote would be taken ﬁrst on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would elimi- nate it. The ﬁrst motion would be moot, as would the second motion (which sought to amend the ﬁrst motion), and the action on the agenda item would be complete. No vote would be taken on the ﬁrst or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the ﬂoor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the ﬂoor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be ﬁve or10 members). If the motion to amend passed, the chair would now move to consider the main motion (the ﬁrst motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the ﬁrst motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- ately call for a vote of the body without debate on the motion): A motion to adjourn.This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess.This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. Third, the chair would now deal with the ﬁrst motion that was placed on the ﬂoor. The original motion would either be in its original format (ﬁve-member committee) or, if amended, would be in its amended format (10-member com- mittee). And the question on the ﬂoor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to ﬁx the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the speciﬁc time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. A motion to table.This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to League of California Cities4 be placed on “hold.” The motion may contain a speciﬁc time in which the item can come back to the body: “I move we table this item until our regu- lar meeting in October.” Or the motion may contain no speciﬁc time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate.The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question.” When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate.Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to dis- cuss an item, and it requires a two-thirds vote to pass. Motion to close nominations.When choosing ofﬁcers of the body, such as the chair, nominations are in order either from a nominating committee or from the ﬂoor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate ofﬁcers, and it requires a two-thirds vote to pass. pend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the atten- dance at meetings by non-club mem- bers. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is ﬁnality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was ﬁrst voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is ﬁnality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of ﬁnality. Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration of an item.This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means Motion to object to the consideration of a question.Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules.This motion is debatable, but requires a two- thirds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- If you are running the British Parliament, Robert’s Rules of Order is a dandy and quite useful handbook. www.cacities.org 5 If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the ﬂoor for the ﬁrst time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efﬁciently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the ﬂoor, and it is always best for every lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order.The proper interruption would be: “Point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order Withdraw a motion.During debate and discussion of a motion, the maker of the motion on the ﬂoor, at any time, may interrupt a speaker to withdraw his or her motion from the ﬂoor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One:Tell the public what the body will be doing. Rule Two:Keep the public informed while the body is doing it. Rule Three:When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. ■ Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. speaker to be ﬁrst recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege.The proper interruption would be: “Point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal.If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day.This is sim- ply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. League of California Cities8 1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org SKU 1533 $5.00 To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. ©2003 League of California Cities. All rights reserved. This publication is printed on recycled paper