Know Book of the Know Book of the Incidental MotionsIncidental Motions

Gary Leger

The Incidental Motions The Incidental Motions No “rank among themselves” – No “rank among themselves” –

These motions are “incidental to.. or arise out These motions are “incidental to.. or arise out of” a particular parliamentary situation…of” a particular parliamentary situation…

They are needed only in special circumstances, but They are needed only in special circumstances, but when they are needed they take precedence over the when they are needed they take precedence over the pending motion or situationpending motion or situation

They can be applied to any pending motion or action They can be applied to any pending motion or action to which they are incidental, or any past or future to which they are incidental, or any past or future motion when the need for these motions arises.motion when the need for these motions arises.

Should be disposed of immediately before business Should be disposed of immediately before business can proceed on the pending motion or situationcan proceed on the pending motion or situation

Take precedence over any pending motion Take precedence over any pending motion to which they are incidental, but USUALLY to which they are incidental, but USUALLY yield to Table, and to MOST privileged yield to Table, and to MOST privileged motionsmotions

MOST are undebatable and unamendableMOST are undebatable and unamendable MOST can not be reconsideredMOST can not be reconsidered

Examples of How the Incidental Examples of How the Incidental Motions “arise out of pending, Motions “arise out of pending,

past or future motions or past or future motions or situationssituations Point of order –is incidental to or arises out of a current Point of order –is incidental to or arises out of a current

motion or action which violates the rulesmotion or action which violates the rules Appeal – arises out of a decision by the chair with which two Appeal – arises out of a decision by the chair with which two

members disagreemembers disagree Object to the consideration – arises out of the situation that Object to the consideration – arises out of the situation that

a member finds a motion so objectionable that he does not a member finds a motion so objectionable that he does not event want to consider it.event want to consider it.

Division of the question – arises out of the situation that a Division of the question – arises out of the situation that a main motion is divisible and the members want to discuss main motion is divisible and the members want to discuss each part seperately.each part seperately.

Suspend the rules - is incidental to the situation that a Suspend the rules - is incidental to the situation that a current motion, or one which you want to make, is out of current motion, or one which you want to make, is out of order because of a rule and you want to suspend tht rule so order because of a rule and you want to suspend tht rule so that the assembly can consider the motionthat the assembly can consider the motion

Division of the assembly – arises out of the situation that a Division of the assembly – arises out of the situation that a voice vote has been taken, and you want a more accurate voice vote has been taken, and you want a more accurate vote to be takenvote to be taken

Withdraw a motion – a motion has been stated, and you Withdraw a motion – a motion has been stated, and you want to withdraw it. want to withdraw it.

Point of Order – calls upon the Point of Order – calls upon the chair for a ruling on and chair for a ruling on and

enforcement of the rules of enforcement of the rules of order.order. SDC depend upon SDC depend upon

whether the chair whether the chair decides or whether decides or whether the assembly decidesthe assembly decides Chair decides – the Chair decides – the

point of order is not point of order is not debatabledebatable

Assembly decides – Assembly decides – debatable exceptdebatable except

indecorum/speaking indecorum/speaking rulesrules

Priority of businessPriority of business Made when an Made when an

undebatable motion is undebatable motion is pendingpending

Effect - the chair or Effect - the chair or the assembly must the assembly must rule, and the chair rule, and the chair must enforce the rule must enforce the rule

Who can make a POWho can make a PO The chair – 3 optionsThe chair – 3 options Any member – but if Any member – but if

insure, use P. Inquiryinsure, use P. Inquiry Must be TIMELYMust be TIMELY Some breaches that Some breaches that

are “continuous”.are “continuous”. Form/response - Form/response -

Appeal – any TWO members have a Appeal – any TWO members have a right to appeal (ask the assembly to right to appeal (ask the assembly to

decide on) any ruling or decision made decide on) any ruling or decision made by the chairby the chair Two types of appealsTwo types of appeals

Debatable – mostDebatable – most Undebatable – those that Undebatable – those that

relate torelate to Indecorum or rules of Indecorum or rules of

speakingspeaking Priority of businessPriority of business Made when an undebatable Made when an undebatable

motion is pendingmotion is pending SDC – depend upon which SDC – depend upon which

type of appeal you havetype of appeal you have Non debatableNon debatable DebatableDebatable

Effect – when made and Effect – when made and seconded, the assembly decides seconded, the assembly decides on a question on which the chair on a question on which the chair has already made a decisionhas already made a decision

Dilatory appealsDilatory appeals RULINGS NOT OPINIONSRULINGS NOT OPINIONS

P Inquiry – can not appealP Inquiry – can not appeal Vote – no appealVote – no appeal The RULING – not the The RULING – not the

president, is the subject of the president, is the subject of the appeal.appeal.

Form/responseForm/response I appeal from the decision of I appeal from the decision of

the chairthe chair An appeal has been taken An appeal has been taken

from the decision of the chair. from the decision of the chair. The question is: shall the The question is: shall the decision of the chair be decision of the chair be sustained? (reasons and sustained? (reasons and debate)debate)

Those in favor of sustaining Those in favor of sustaining the decision of the chair say the decision of the chair say aye…aye…

Suspend the Rules - allows the assembly to do Suspend the Rules - allows the assembly to do something that could not be done without violating something that could not be done without violating

its regular rulesits regular rules

““Rules” – which Rules” – which can be suspendedcan be suspended Rules of orders – Rules of orders – Standing Rules - Standing Rules -

Incidental main or Incidental main or incidentalincidental

SDCSDC – –

Effect – suspends the Effect – suspends the rule only for the rule only for the purposes specified in purposes specified in the motionthe motion

Rules that can not be Rules that can not be suspendedsuspended Rules required by lawRules required by law By-laws or constitutionBy-laws or constitution Fundamental principles Fundamental principles

of parliamentary lawof parliamentary law Protect absenteesProtect absentees

Form – Must mention Form – Must mention the reason why you the reason why you want to suspend the want to suspend the rule in the motionrule in the motion

Object to the Consideration of a question – allows Object to the Consideration of a question – allows the assembly to avoid a particularly offensive the assembly to avoid a particularly offensive

original main motion altogether: not even original main motion altogether: not even consider itconsider it

SDCSDC PrecedencePrecedence ApplicationApplication InterruptInterrupt SecondSecond Debate - Debate - AmendAmend Vote – 2/3 in the negative Vote – 2/3 in the negative

to the question – shall the to the question – shall the objection be sustainedobjection be sustained

Reconsider – only the Reconsider – only the negativenegative

Effect – if sustained, the Effect – if sustained, the motion is killed for the motion is killed for the duration of the session and duration of the session and cannot be renewed except by cannot be renewed except by unanimous consent of the unanimous consent of the assemblyassembly

Special RulesSpecial Rules President can OBJPresident can OBJ Not like PI or PO!Not like PI or PO!

Form – Immediately and Form – Immediately and without recognitionwithout recognition I object to the consideration of I object to the consideration of

the questionthe question An objection to the An objection to the

consideration of the question consideration of the question has been made. The question has been made. The question is, shall the question be is, shall the question be considered? Those in favor of considered? Those in favor of considering it, please rise.considering it, please rise.

There are (less than) 2/3 There are (less than) 2/3 opposed and the question will opposed and the question will not (will) be considered!not (will) be considered!

Division of a Question -Division of a Question - Purpose – when a Purpose – when a

motion which deals with motion which deals with only one subject only one subject contains several parts, contains several parts, each of which can stand each of which can stand alone as a complete alone as a complete proposition, this motion proposition, this motion allows the parts to be allows the parts to be separated, and separated, and considered separately.considered separately.

SDC SDC – – I move to divide the I move to divide the

question in the question in the following manner: (1) … following manner: (1) … and (2) …and (2) …

Effect – Divided a Effect – Divided a question so that each question so that each part is stated, part is stated, considered and voted considered and voted on separately as two on separately as two distinct motionsdistinct motions

RulesRules Motion must clearly Motion must clearly

state the manner of state the manner of division division

A divisible motion must A divisible motion must contain parts which can contain parts which can stand alonestand alone

Motions which contain Motions which contain several unrelated several unrelated subjects must be divided subjects must be divided at the demand of one at the demand of one membermember

Division of the AssemblyDivision of the Assembly If a member If a member

“doubts the “doubts the result of a voice result of a voice or show of hands or show of hands vote, he can use vote, he can use this motion to this motion to verify the verify the accuracy of a accuracy of a vote or to vote or to encourage more encourage more members to votemembers to vote

SDCSDC

Effect – On the call of Effect – On the call of oneone member, the president must member, the president must take a take a risingrising vote. vote.

Must be made between the Must be made between the time the negative vote is time the negative vote is taken and before the chair taken and before the chair has stated the question on a has stated the question on a new motion.new motion.

A member can demand a A member can demand a rising vote – a rising counted rising vote – a rising counted vote requires an incidental vote requires an incidental motion “that the vote be motion “that the vote be counted”counted”

The president can take a The president can take a division on his own; and can division on his own; and can count if he choosescount if he chooses

Dilatory motions not allowedDilatory motions not allowed Form -Form -

Parliamentary InquiryParliamentary Inquiry A question, A question,

directed to the directed to the chair, to obtain chair, to obtain information on information on parliamentary parliamentary procedure or the procedure or the rules of the rules of the organization which organization which affects the affects the business at hand.business at hand.

SDCSDC

Effect – upon the Effect – upon the request of one request of one member, the chair member, the chair must answer must answer immediately before immediately before business can business can proceed.proceed.

RulesRules Business at hand – Business at hand –

not hypothetical not hypothetical questionsquestions

Must be about rulesMust be about rules Not subject to an Not subject to an

appeal (but if you appeal (but if you disagree….)disagree….)

FORM - FORM -

Withdraw and Leave to Withdraw and Leave to Withdraw (or modify) a motionWithdraw (or modify) a motion

2 different 2 different situationssituations Before a motion is Before a motion is

statedstated After it is statedAfter it is stated

SDC – leave to SDC – leave to withdrawwithdraw

Effect – the motion Effect – the motion is withdrawn, but is withdrawn, but may be renewed may be renewed by any memberby any member

FORM – FORM – Withdraw or modifyWithdraw or modify Leave to withdrawLeave to withdraw Leave to ModifyLeave to Modify

A great time to use A great time to use general consent!general consent!

Suspend the rules - allows the assembly to Suspend the rules - allows the assembly to do something that can not be done without do something that can not be done without

violating its “regular rulesviolating its “regular rules”” Rules which can not Rules which can not

be suspendedbe suspended Bylaws or constitutionBylaws or constitution Required by lawRequired by law Fundamental principles Fundamental principles

of parliamentary lawof parliamentary law Rules protecting Rules protecting

absentee membersabsentee members Incidental or incidental Incidental or incidental

mainmain SDC – incidentalSDC – incidental

Effect – suspends, just Effect – suspends, just for the purposes for for the purposes for which it was which it was suspended, a regular suspended, a regular rule.rule.

Form – Form – Don’t mention the Don’t mention the

“rule” – state what it is “rule” – state what it is that you want to do that you want to do that the rules prevent.that the rules prevent.

Incidental mainIncidental main IncidentalIncidental