438

A delegate's guide to

parliamentarv law I H

or how to expedite business ensuring justice, equality, and order

Caroline Rogers, R N

AORN Journal, February 1977, Vol25, No 3

When Alice in Wonderland observed the Queen of Hearts’s conclave, she complained rather loudly, “I don’t think they play at all fairly and they don’t seem to have any rules in particular, at least if there are nobody attends to them and you‘ve no idea how confusing it is.”

Fortunately, we are better off than Alice. When the House of Delegates meets at Congress, the business will follow parliamen- tary law, the rule of democracy. Its primary purpose is to expedite business ensuring jus- tice and equality and maintaining order.

Without some knowledge of parliamentary law, one is powerless in an assembly where opponents are skilled. This article should provide delegates with an awareness of some of the basics of parliamentary proce- dure and awaken an awareness of the need to study and use parliamentary procedure.

The process of decision making should not be a frustrating or harrowing experience. There is an orderly progress of events that ensures unemotional deliberate judgment re- sulting in a fair decision. A basic knowledge of parliamentary procedure will help and not hinder this progress.

Gen Henry M Robert, author of Robert’s

Rules of Order, states, “The object of rules is to assist an assembly in its effort to ascertain and express the deliberate opinion of the members regarding the questions upon which they are called to take action.”’ The underlying principles of parliamentary law are

0 courtesy and justice for all 0 consideration of one item of business at

a time right of the majority to rule

0 right of the minority to be heard protection for the absentee partiality toward none.

Only through the observance of this ac- cepted set of rules can fair democratic action be possible. Robert provides an impartial set of rules covering almost every conceivable situation that might arise in a deliberate as- sembly. Every participant in a meeting should have a working knowledge of proper procedure. This knowledge is easy to acquire because every rule is based on logic, good sense, and fair play.

All members of an organization are equal. Every member has the same right to intro- duce business, to participate in deliberation or discussion, and to vote. Only one topic may be under discussion at a time, and only

It is important that both sides of the question are heard.

AORN Journal, February 1977, Vol25, No 3

& 442

439

one person may have the floor at any one time.

The maker of a motion that is debatable is always entitled to the floor for the purpose of debate as soon as it is stated by the chair. If the claim to the floor is made promptly, the maker cannot be denied this right. Most gen- erally, the standing rules will stipulate the length of time a speaker is entitled to the floor. In addition, unless the assembly gives

It is important to remember that a motion or an issue is under discussion never the person who introduced it. Personal remarks are always out of order. If a member speaks out of turn, it is always the discussion or the subject that is out of order never the person speaking. Discussion must be directed to the chair, and any discussion or conversation directly between one member and another is always out of order. The right to oppose any

I

Those who refrain from voting, by their silence,

agree to go along with the assembly and the decision

of the majority.

its permission, no speaker may speak more than twice to the same question and may not speak for the second time until everyone has spoken who wants to speak. In organizations in which these rules are not particularly adaptable, another more suitable rule should be adopted. At any meeting, the limits of debate may be changed by a two-thirds vote. It is extremely important and to the interest of the assembly that both sides of a question are heard. As far as possible, the chair should recognize, in turn, a speaker for the motion and a speaker in opposition. As a matter of courtesy and clarity, when obtain- ing the floor for the purpose of debate, a speaker should always begin his remarks with “ I speak in favor of the motion” or “ 1 speak in opposition to the motion.”

question is a privilege that must be jealously guarded. The opposition has as much right to present points of view and to discuss and be heard as those favoring a question. Once the majority decision has been reached, how- ever, the organization must then speak with one voice. It is quite undemocratic for the minority members to refuse to accept the obligation to abide by the decision of the organization. They may not like it but they must uphold the decision. Those who refrain from voting, by their silence, agree to go along with the assembly and the decision of the majority.

Business brought before an assembly is always brought through a motion. A main motion is one that introduces a new item of business to the assembly for its considera-

442 AORN Journal, February 1977, Vol25, No 3

MIDAM CHAIRMAN

I SECOND THE MOTION

Members should get in the habit of saying aloud “second” immediately after any member presents a motion

tion and action. No main motion may be made while another motion is before the assembly if we follow the rule that only one item of business may be considered at a time. Some motions require a straightforward decision with a simple vote of aye or no. Other motions may require much more dis- cussion and demand alteration before the assembly may feel ready or willing to make a decision. Motions are available that can be put into use for every circumstance. It is in this area that the members can expedite business by having a good working knowl- edge of subsidiary and privileged motions and also by having the courage to make the right motion at the right time.

---- Subsidiaty motiom are motions that might be necessary to dispose properly of a main motion. While it is true that there cannot be two main motions on the floor at a time, there may be one or _more subsidiary -motioas pendng. They may be made when the main motion is pending. When stated by the chair. they supersede the main motion and become Che immediate pending a w n . A sub- sicli-ary mo%n may be superseded by another subsidiary motion of higher rank or by a privileged or incidental motion that for the time being becomes the immediate pend- ing question. The subsidiary motions shown are arranged in the order of their precedence or rank. The coding shows which may be amended, which may be debated, and which require a two-thirds vote.

AORN Journal, Febi

lay on the table previous question modify debate postpone definitely commit or refer amend postpone indefinitely

S M S R 2/3 S A R 2/3 S A R M D S A R M D S A R M D

1 S R M D

7 may be presented in this order 1 must be considered in this order

M - majority vote 2/3 - two-thirds vote R - vote may be

reconsidered

S - requires a second A - may be amended D - is debatable

As each subsidiary motion is made, it is taken up in its proper order. The vote may be reconsidered on those motions coded R.

These hypothetical motions may be used to illustrate the ranking order of subsidiary motions.

II move that AORN of Happy Canyon pay all expenses for the chapter delegates to attend Congress. At some point in the dis- cussion, the following motion to amend is made: I move to strike out “all expenses” and

insert “transportation only. ” The discussion now is limited to the amendment. At this point in discussion, another subsidiary mo- tion of even higher rank would be in order. I move to postpone the subject of ex-

penses for the delegates until the meeting next month at which time we will have had a

OL 446 -uary 1977, Vol25, No 3 443

report from the treasurer informing us of the total profit realized from the annual dinner dance. If during the discussion on the motion to postpone someone moved to refer the matter to a committee, this motion would not be in order as it is of lower rank than the motion to postpone to a definite time.

Assuming the motion to postpone was de- feated, it would then be in order for a member to move to refer the matter to a committee. This motion takes precedence over the motion to amend. In the event that the motion to refer to a committee was made and also defeated, the discussion properly

3. State the motion by using the correct phraseology, “I move that. . . .”

4. A second to the motion should be given by another member without rising or gaining recognition. A second simply means more than one person wishes the matter to be discussed. Members should get into the habit of saying aloud “second” immediately after any member presents a motion. One does not have to agree with the motion to second it and, in fact, may at a later time speak in opposition to the motion.

5. The chairman states the motion as pre- sented and calls for discussion. Once the

It is advisable to have motions written. For a

lengthy involved motion, i t is required.

reverts to the motion to amend. Following the disposition of the motion to amend, the main motion is voted on.

In the event the motion to postpone defi- nitely was adopted, the main motion and all pending amendments are postponed as one item.

The proper method for introducing a mo- tion to the assembly whether it be a main motion or subsidiary motion is:

1. Rise and address the chair by giving your name or stating the chapter you are representing as delegate.

2. Wait for recognition from the chair,

presiding officer has restated the motion and has asked the assembly for discussion, it no longer belongs to the maker but to the as- sembly. Any alterations or changes must be done by the assembly through subsidiary motions. It cannot be withdrawn by the maker unless permission to do so is granted by the assembly. Whenever possible, it is advisable to have motions written, and it is required when it is a lengthy, involved mo- tion.

To better understand the uses for SJb- sidiary motions, the following explains the effect resulting from the use of each motion.

446 AORN Journal, February 1977, Vol.25, No 3

A subsidiary motion to postpone indefi- nitely would suppress the pending motion throughout the current session.

A subsidiary motion to amend modifies or changes the working of the pending mo- tion and within certain limits will modify the meaning of a pending motion before the mo- tion itself is acted upon. A motion to amend is probably the most widely used of the sub- sidiary motions. Adoption of the subsidiary motion to amend does not adopt the main motion that is being amended; that motion remains pending in a modified form. If the motion to amend is rejected, the pending motion remains worded as it was before the amendment was offered. The way a member votes on an amendment does not obligate him to vote the same way on the motion to which that amendment applies. The motion "to amend" will be discussed in more detail later in this article.

The subsidiary motion to commit or refer is generally used when one wants to send a pending motion or questions to. a committee so the questions may be investi- gated and/or acted upon.

The subsidiary motion to postpone definitely means that action on a pending motion can be deferred to a definite day, meeting, hour, or until after a certain event has occurred. This motion is by far the most neglected and in many instances should be used instead of the motion to lay on the table, often used erroneously.

When one wants to change the regular limits of debate, ie, lengthen or shorten the time already established, the subsidiary mo- tion to modify debate to limit or extend the time for discussion is in order.

The subsidiary motion probably best known is the motion to move the previous question. This motion stops all debate im-

The subsidiary motion to postpone definitely means that action on a pending motion can be deferred to a definite day.

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AORN Journal, February 1977, Vol25, No 3 447

mediately only on the immediate pending question unless stated as follows: “I move the previous question on this question and all pending questions.” In this case, debate must cease immediately on the motion pend- ing and any other subsidiary motions that have yielded to the pending motion and in- cluding the main motion. The most common misunderstanding in using the motion to move the previous question is that the as-

table should not be used to kill a motion. If one wants to dispose of a motion without coming to a vote, the suitable method is to employ the motion to postpone indefinitely. If one wants to delay disposition of a motion until a later time for a specific reason, the motion to postpone definitely to a specified time should be employed. A motion to lay on the table delays action until the end of the meeting or the end of the next regular meet-

It is the duty of the presiding officer to enforce the rules of the assembly. . . .

sembly mistakes the vote on the subsidiary motion as the vote on the main motion. Rather, the vote at this point simply decides whether or not debate shall stop.

The subsidiary motion to lay on the table enables an assembly to put aside the pending question temporarily when some- thing more urgent or of an emergency nature arises. Adoption of this motion halts consid- eration of the question immediately without debate with an intent to take up the inter- rupted question at a later time. This motion is very often misused for the motion to post- pone indefinitely. The motion to lay on the

ing. If the motion is not taken from the table before the end of the next regular meeting (if meetings are held at least quarterly or of- tener), it is as though the motion was never made, and the subject may be introduced again as a main motion. A member wishing to take a motion from the table for discussion will rise, address the chair, and state: “I wish to take from the table, the motion that. . . .”

Many times a member would like to sup- port a main motion but feels it is not com- pletely satisfactory in the form presented. This is the time the member has the option to modify or change it to make it more accept-

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450 AORN Journal, February 1977, Vol25, No 3

How Robert’s rules came about The evolution of Robert’s Rules of Order began in 1863 when Gen Henry Martyn Robert, then a lieutenant, received a request to preside over a meeting. An engineering officer in the US Army, he knew nothing of parliamentary procedure.

“I plunged in,” he later wrote of the meeting, “trusting to Providence that the assembly would behave itself. But with the plunge went the determination I would never attend another meeting until I knew something o f . . . parliamentary law.”

Parliamentary law was the name given to the rules of customs for carrying on business in the English Parliament. The colonists transplanted parliamentary law to this country, but there was a great deal of variance in local usage.

After that first meeting, while reading a book on an unrelated subject, Robert found “rules for deliberative assemblies,” which he copied. For years he carried those rules with him to use as he participated in church, civil, and educational organizations where he was stationed and as his military responsibilities permitted.

diversity of convictions about what constituted parliamentary procedure and law while working with different groups throughout the country. Discrepancies and disagreements about what was fair and correct hindered effective functioning at those meetings. Robert noted that the root of this dissension was because each man had his own interpretation of local customs and procedure.

To satisfy his own curiosity, Robert began to research the complex areas of parliamentary law in a number of English and American journals. He quickly discovered that not even the experts agreed on the interpretation, importance, and application of parliamentary procedure. He found that the manner in which the rules were used often contradicted the theory behind them. He concluded many rules of order used by formal legislative bodies were too complex and impractical for ordinary, nonlegislative

Robert became acutely aware of the

groups. He maintained, however, that writing additional procedures would only add to the confusing multiplicity of existing rules and that individual organizations did not need individual sets of rules. Despite their variety and function, most societies were sufficientiy similar in procedural needs to warrant a uniform set of rules. He believed a simple, orderly system of rules and procedures would allow members to accomplish business efficiently and fairly and to participate in several organizations without confusion.

development of a set of rules and procedures to be “based, in its general principles, upon the rules and practice of Congress, and adapted, in its details, to the use of ordinary societies.”

The first part of his manual outlined methods of organizing and conducting meetings: duties of officers; definitions, objectives, and effects of ordinary motions; and processes of amending and debating points of business. Recalling his own initial inexperience, Robert added a second part entitled “Organization and conduct of business.” Although it repeated much of the first part of the text, it was simpler and more direct in its terminology for the benefit of those who had never presided at a meeting. Robert’s Pocket Manual for Rules of Order for Deliberative Assemblies, was completed in 1875. A revised and enlarged version, Robert’s Rules of Order Revised, was printed in 1915. To date, over 2,750,000 copies of Robertk Rules of Order and revised editions are in print.

Robert’s manual accomplished what numerous authors had attempted for decades. It dispelled confusion and dispute over rules of procedure for nonlegislative assemblies.

Robert believed the acceptance of his rules by organizations using them would establish their authority. To his surprise, the reverse occurred-his rules of order, by their own right, have become an authoritative source of parliamentary law.

With this in mind, Robert began the

454 AORN Journal, February 1977, Vol25, No 3

able. There are three basic ways to amend a motion:

1. To insert or add words. The motion to insert words should specify the exact place of insertion and the precise word or consecutive words. When words are to be placed at the end of the passage to be amended, the motion is stated “to add

considered. The vote at the end of the dis- cussion is simply on whether or not these changes will be made in the wording of the main motion. The vote on the main motion is not taken at that time. Just as there can be only one main motion under consideration at one time, there can be only one amendment of primary rank. However, since amend- ments may also be amended, an amendment

There may be times, however, when members disagree with a presiding officer’s decision on parliamentary law.

2. To strike out. It is possible to strike out a word, a series of consecutive words, or an entire paragraph. 3. To strike out and insert. A word or group of consecutive words may be de- leted and another word or consecutive words put in their place. It is extremely important that during the

discussion on amendments only those words being inserted, added, or struck out are to be

of secondary rank may propose a change in the wording of the primary amendment. There can only be two amendments pending at one time. Again, all debate and discussion must be germane, that is, related only to the words to be changed and not in total to the main idea or item of business under consid- eration. The proper wording to introduce this subsidiary motion to amend is “I move to amend the amendment by . . . .” The same

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456 AORN Journal, February 1977, Vol25 , No 3

forms of amendment may be used: insert or add, strike out, or strike out and insert.

After the vote to amend the amendment has been taken, the motion is restated as amended or as originally presented if the amendment was defeated. Further discus- sion if any is in order. Once the primary and secondary amendments have been disposed of properly, that is, discussed and voted on in correct sequence and the main motion tai- lored to satisfy the assembly’s desires, the main motion as amended is discussed. At this point, if further alteration is necessary, another series of amendments may begin. While it is true only two amendments may be pending at any one time, once they have been disposed of in their proper order, the number of further amendments to the main motion are limitless.

It is the duty of the presiding officer to enforce the rules of the assembly, but it is also the right of every member who notices a breach of the rules to insist on their enforce- ment. This can be done by any member making an appropriate point of order. If a question of order is to be raised, it must be raised promptly at the time the breach cc- curs. If a member is uncertain whether or not there is a breach of the rules on which a point of order can be made, he can make a parliamentary inquiry of the presiding officer ,or parliamentarian. The basic difference be- tween a parliamentary inquiry and a point of order should be clearly understood. When it is thought that rules are being violated or when a member objects to the proceeding as being out of order, he will raise a point of order. When a member is in doubt about the motion to use to accomplish a goal or is in need of further information on parliamentary law that will enable him to act intelligently in introducing business or disposing of busi- ness, the proper course for him is to rise to a parliamentary inquiry. A point of order may interrupt a speaker, but a parliamentary in- quiry should never interrupt a speaker unless it is absolutely necessary. If a member sim- ply desires information and this information is not related to parliamentary law, the proce- dure is to ask for a point of information. It is never in order for a member to obtain the floor to make a point of order, a parliamen-

tary inquiry, or a point of information and then debate or discuss the matter at hand.

The presiding officer has been given by the assembly the authority and the duty to make necessary rulings on questions or on parliamentary law. There may be times, however, when members disagree with a presiding officer’s decision on parliamentary law. A member has the right to appeal from the decision of the chair. This appeal can be made by any member and seconded by another. The question is taken from the chair and given to the assembly for a final deci- sion. Members of an assembly have no right to criticize the ruling of a chair unless they appeal from the decision. The appropriate- ness of an appeal should be stressed. If a member disagrees with the ruling of the chair affecting any substantial question, he should not hesitate to appeal. This situation should be considered no more delicate than dis- agreeing with any other member in debate. It is not proper to make an appeal from the chair’s response to a parliamentary inquiry or point of information since these replies are given as opinion not as a ruling by the chair.

When there is doubt about the vote on a motion, the chair should try to clarify that vote by asking the assembly to vote again by voice or by asking the assembly for a show of hands. If the chair does not seem in doubt as to the result of the vote but a member has serious doubts that the vote was called cor- rectly, that member should ask to have the result of the vote clarified immediately. This is done by simply calling out for a “division of the assembly.” This demands the vote be taken again by rising. If any member wants to call for division of the assembly, it must be done immediately following the vote and be- fore the chair has stated the question on another motion. To call for a division of the assembly does not require a second, it is not debatable or amendable.

Any motion that infringes on the rights of members requires a two-thirds vote to be passed. Specifically, motions that require a two-thirds vote are:

modify debate move the previous question object to a procedure object to the consideration of a question

460 AORN Journal, February 1977, Vol25, No 3

suspend the rules close nominations or the polls amend something previously adopted rescind a previous motion

0 discharge a committee. There are two distinct classes of vote: a

majority vote means more than half the votes cast; a two-thirds vote means of all the votes cast there must be twice as many votes in the affirmative as there are in the negative. Methods of voting are:

voice rising show of hands general consent role call ballot mail proxy.

A vote by general consent should be used more frequently than it is and is one of the best means of expediting business. It must be remembered, however, that when a pre- siding officer elects to use general consent, the chair must be very sure that the matter being put to a vote is generally acceptable to all. The method of using this vote is as follows: "if there is no objection . . ." (the chair then states the action to be done). If a single member does object, the matter may be discussed. It must be put through the regular process for a motion by asking for a vote either by voice, by rising, or by a show of hands. This method of voting should never be used if an issue is controversial and of serious nature. Technically, it is equivalent to a unanimous vote.

A member who constantly raises points of order and parliamentary inquiries and insists on the very strict observance of the rules in an assembly where most members are un- familiar with all the ways to use the rules and procedures is ignorant of the real purpose for the rules or willfully misuses the knowledge. Information and knowledge of parliamentary procedure must help not hinder business. It should be a learning experience for all mem- bers with harmony and peaceful accom- plishments as the ultimate goal.

Notes 1. Henry M Robert, Introduction in Par/iamentary

Practice (New York: lrvington Publishers, 1975) xi-xii. References Robert, Henry M. Padiamenfary Law. New York:

lrvington Publishers, 1975. Robert, Henry M. Parliamentary Practice. New

York: lrvington Publishers, 1975. Robert, Henry M. Robert's Rules of Order, New/y

Revised. Glenview, 111: Scott, Foresman & Co, 1970.

New badges minus ribbons There will be no ribbons on Congress badges this year. The new badges will be bigger-4 x 3 inches-ith colored strips at the top indicating status:ireor mernbh, blue for nonmembers, and yellow for exhibitors.

title, hospital, and address.

colored paper will indicate special

Information on the card will include name,

At the bottom of the badge, strips of

The elimination of the ribbons was due to costs in handling and attaching to the badges.

Congress badges needed Congress badges are to be worn at all times and are the only means of admission to all Congress sessions, AORN functions, the exhibitor area, and exhibitor hospitality suites. The badges are obtained at registration and are for the entire Congress unless otherwise noted. Only Congress registrants may attend official Congress functions as well as the exhibitor hospitality suites.

Registered Congress attendees are requested not to ask exhibitors to admit nonregistered friends or spouses.

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