it may commence thus: “The undersigned, a minority of the committee
appointed, etc., not agreeing with the majority, desire to express
their views in the case.” After the committee’s report has been read
and the motion to adopt has been made and the question stated, it is
usual to allow the minority to present their views, but if any one
objects to its reception the chair should put the question to vote
on its being received. It requires a majority vote to receive it,
the question being undebatable. When the minority report is read it
is for information, and it cannot be acted upon except by a motion
to substitute it for the report of the committee. Whether the views
of the minority are read or not, any one can move to substitute the
resolutions they recommend for those recommended by the committee.
Where the minority cannot agree, each member may submit his views
separately. In some cases a member agrees to the report with a single
exception, in which case instead of submitting his views separately,
after all have signed who agree to the report he may write that he
agrees to the report except the part which he specifies, and then
sign the statement.
The committee’s report{42} can contain only that which has been
agreed to by a majority vote at a meeting of which every member
has been notified, or at an adjourned meeting thereof (a quorum,
a majority of the members, being present), except where it is
impracticable to have a meeting of the committee, when it may contain
what is agreed to by every member. If a committee is appointed from
different sections of the country with the expectation that its work
will be done by correspondence, its report can contain only what is
agreed to by a majority of the members.
{42} In Congress nothing can be “the report of the committee but what
has been agreed to in committee actually assembled,” so that a report
signed by a majority of a committee acting separately was ruled out.
In some societies, however, it is often impracticable to have regular
committee meetings with a majority present.
A committee, except a committee of the whole, can appoint a
sub-committee which, however, reports to the committee, and never
to the assembly. This sub-committee must consist of members of the
committee, except in cases where the committee is appointed to
take action that requires the assistance of others, as to make
arrangements for holding a bazaar. In such a case it is best to
appoint the committee with power to appoint such sub-committees as
are required; or, as is frequently done, to appoint the committee
“with power,” which means with power to take all the steps necessary
to carry out its instructions. A committee has no power to punish
its members for disorderly conduct, its recourse being to report
the facts to the assembly. No allusion can be made in the assembly
to what has occurred during the deliberations of the committee,
unless it is by a report of the committee or by general consent.
When a special committee is through with the business assigned it, a
motion is made for the committee to “rise” (which is equivalent to
the motion to adjourn without day), and that the chairman (or some
member who is more familiar with the subject) make its report to the
assembly. A special committee ceases to exist as soon as the assembly
receives its report. When a committee adjourns without appointing
a time for the next meeting, it is considered as having adjourned
at the call of the chair, so that all the meetings of a special
committee constitute one session. A meeting of a special committee
may be called at any time by the chairman or by any two of its
members, every member being notified. When a committee adjourns to
meet at another time, it is not necessary (though usually advisable)
that absent members should be notified of the adjourned meeting.
A standing committee is either wholly, or partially, elected at each
annual meeting in ordinary societies, and immediately thereafter it
reorganizes by electing a chairman (unless he has been appointed by
the assembly) and a secretary. Therefore, a standing committee must
report at the annual meeting, or before, on everything referred to
it during the year. The motion to rise is never used in standing
committees or boards, nor is it used in other committees except when
the committee is ready to report so that it will never meet again.
A special committee is appointed for a specific purpose, and until
the duty assigned it by the society is accomplished it continues to
exist, unless sooner discharged, which requires a two-thirds vote
if done without notice being given. The fact that an annual meeting
has intervened does not discharge a special committee appointed by
a society. But in an elected or appointed body, as a convention,
special committees that have not reported cease to exist when the
new officers assume their duties at the next annual meeting. When
discharged, the chairman of the committee returns to the secretary
all documents received from him.
While in small assemblies, especially in those where but little
business is done, there is not much need of committees, in large
assemblies, or in those doing a great deal of business, committees
are of the utmost importance. When a committee is properly selected,
in nine cases out of ten its action decides that of the assembly. A
committee for _action_ should be small, and consist only of those
heartily in favor of the proposed action. If one not in sympathy
with it is appointed, he should ask to be excused. A committee for
deliberation or investigation, on the contrary, should be large, and
represent all parties in the assembly, so that its opinion will carry
with it as great weight as possible. The usefulness of the committee
will be greatly impaired if any important faction of the assembly is
unrepresented on the committee. The appointment of a committee is
fully explained in =32=.
=53. Reception of Reports.= When there is a place in the order of
business provided for reports of committees, they are not made until
they are called for by the chair. Upon the arrival of the time for
these reports, the chair calls for the reports of such officers and
standing committees as are required to make reports, in the order in
which they are arranged in the rules; after which he calls for the
reports of the special committees in the order of their appointment.
When called upon, the reporting member (who is the chairman of the
committee unless another member is appointed to make the report)
rises and addresses the chair, and, when recognized, reads the
report and hands it to the presiding officer, or the secretary, and,
when necessary, moves its adoption or acceptance as explained in the
next section. If the committee reports back a paper with amendments,
the amendments are read with sufficient of the related parts to make
them understood. If it is desired to have a report made earlier than
the rules allow, it can be done, by a two-thirds vote, by suspending
the rules [=22=] and receiving the report at once.
If the order of business makes no provision for the report of the
committee, the reporting member, when ready to report, obtains the
floor when no business is pending, and informs the assembly that the
committee to which was referred such a subject or paper has agreed
upon a report which he is now prepared to submit. If the chair thinks
the assembly wishes to hear the report he directs him to proceed,
whereupon he reads the report and hands it to the chairman and makes
the proper motion for its disposal. If before it is read any one
objects to its reception, or if the chair is in doubt as to whether
it should be received now, he puts to the assembly the question,
“Shall the report be received now?” It requires a majority vote to
receive it, and the question is undebatable. If the vote is in the
negative, a time for the reception of the report should be appointed
either by a vote or by general consent. Usually no motions are made
or votes taken in regard to receiving reports, these matters being
all settled informally by general consent.
If the report is a final one, when the assembly has received the
report the committee has completed its work, and, without any motion,
it is automatically discharged from further consideration of the
subject, and, if it is a special committee, it ceases to exist. If
the report is only a partial one the committee is not discharged
unless the assembly so votes. If the subject is recommitted the
committee is revived (unless the reference is to another committee),
and all parts of the report that have not been adopted by the
assembly are ignored by the committee as if the report had never
been made. If any member or members wish to submit the views of the
minority it is customary to receive such a report immediately after
receiving the report of the committee. In such case the reporting
member should notify the assembly that the views of the minority will
be submitted in a separate paper. As soon as the chair has stated the
question on the report, he should call for the views of the minority,
which are then read for information. They cannot be acted upon unless
it is moved to substitute them for the committee’s report, or rather
to substitute the recommendations of the minority for those of the
committee.
A very common error is, after a report has been read, to move that
it be received, whereas the fact that it has been read shows that
it has been already received by the assembly. Another mistake, less
common, but dangerous, is to vote that the report be accepted, which
is equivalent to adopting it [see next section], when the intention
is only to have the report up for consideration and afterwards to
vote on its adoption.
=54. Adoption or Acceptance of Reports.= When the report of a
committee has been received, that is, has been presented to the
assembly and either read or handed to the chair or the secretary,
the next business in order is the disposal of the report, the proper
disposition depending upon its nature.
(1) If the report contains only a statement of fact or opinion for
the information of the assembly, the reporting member makes no motion
for its disposal, as there is no necessity for action on the report.
But if any action is taken, the proper motion, which should be made
by some one else, is to “accept the report,” which has the effect of
endorsing the statement and making the assembly assume responsibility
for it.
If it is a financial report, as in case of a board of trustees or
a treasurer, it should be referred to an auditing committee, as
the vote to accept the report does not endorse the accuracy of the
figures, for the assembly can only be sure of that by having the
report audited. Whenever such a financial report is made, the
chair, without any motion, should say it is referred to the auditing
committee or auditors, if there are any. If there are none, then the
proper motion is to refer it to an auditing committee to be appointed
by the chair. When the auditing committee reports, this report should
be accepted, or adopted, which carries with it the endorsement of the
financial report.
(2) If the report contains recommendations not in the form of
motions, they should all be placed at the end of the report, even if
they have been given separately before, and the proper motion is to
adopt the recommendations.
(3) If the report concludes with a resolution or a series of
resolutions, the proper course is for the reporting member to move
that the resolution or resolutions be adopted or agreed to. This
method should be adopted whenever practicable.
(4) If a committee reports back a resolution which was referred
to it, the motion to postpone indefinitely, if it was pending, is
ignored; if an amendment was pending it should be reported on. The
form of the question to be stated by the chair depends upon the
recommendation of the committee as follows: (_a_) If the committee
recommends its adoption, or makes no recommendation (where it can
come to no agreement), the question should be stated on the amendment
if there was one pending, and then on the resolution. These motions
were pending when the question was referred to the committee, and
therefore should not be made again. (_b_) If the recommendation is
that the resolution be not adopted, the question on the resolution,
when it is put, should be stated thus: “The question is on the
adoption of the resolution, the recommendation of the committee to
the contrary notwithstanding.” A similar course is pursued if the
committee recommends that an amendment be not adopted. (_c_) If the
committee recommends that the resolution be postponed indefinitely,
or postponed to a certain time, the question should be on the
postponement, and, if that is lost, then on the resolution.
(_d_) If the committee reports back a resolution or paper with
amendments, the reporting member reads only the amendments with
sufficient of the context to make them understood and then moves
their adoption. The chairman, after stating the question on the
adoption of the amendments, calls for the reading of the first
amendment, after which it is open for debate and amendment. A vote is
then taken on adopting this amendment, and the next is read, and so
on till the amendments are adopted or rejected, admitting amendments
to the committee’s amendments, but no others. When through with the
committee’s amendments, the chairman pauses for any other amendments
to be proposed by the assembly; and when these are voted on he puts
the question on agreeing to, or adopting, the paper as amended,
unless, in a case like revising the by-laws, they have been already
adopted. By suspending the rules [=22=], or by general consent, a
report can be at once adopted without following any of the above
routine.
If the amendments do not call for debate or amendment, as when
reported from the committee of the whole, where they have been
already discussed, the chair puts a single question on all the
committee’s amendments except those for which a member asks a
separate vote, thus: “As many as are in favor of adopting the
amendments recommended by the committee, except those for which a
separate vote has been asked, say _aye_; those opposed say _no_.” He
then takes up the remaining amendments separately in their order.
(_e_) If the committee reports back a resolution with a substitute
which it recommends for adoption, the chair states the question
on the substitute, if there were no amendments pending when the
resolution was committed. If, however, amendments were pending when
the resolution was committed, the chair first states the questions
on those pending amendments, and when they are disposed of he states
the question on the substitute. In either case the substitute is
treated like any other substitute motion, the resolution being
first perfected by amendments and then the substitute resolution.
After both have been thus perfected the question is put on the
substitution, and finally on the resolution. If the substitute is
lost the resolution is open to amendments proposed by members. (_f_)
If the report is of a nomination committee no vote should be taken,
any more than if a member had made the nominations. (_g_) If the
report is from the membership committee, the chair at once states the
question on the reception as members of the candidates recommended by
the committee.
A partial report of a committee is treated the same as the final
report. If it reports progress only, without recommendations or
conclusions, it is treated as any other report for information,
and no action need be taken. But, if the partial report recommends
action, then the question is to be put on adopting the report, or its
recommendations, or the resolutions, the same as if it were the final
report.
While it is customary in ordinary societies to make and second a
motion to accept or adopt a committee’s report, yet if the motion
is not made and the chair deems it best to have a vote taken on the
question, he may state the appropriate question without waiting for
a motion, accepting the submission of the report by a committee as
equivalent to moving the adoption of the appropriate motion for
disposing of it, just as is the case when one offers a resolution.
To wait to see if two members are in favor of a proposition which
at least two have signed, or authorized the chairman, or reporting
member, to sign, would appear useless. In ordinary societies the
chairman of the assembly usually knows better than the reporting
member how the business should be managed, especially if a resolution
is reported with many amendments. However, unless the assembly is
accustomed to having its chairman put the proper questions on the
report without any formal motion, it is better for the reporting
member to move the “adoption” of the resolutions or recommendations,
as that is generally understood.
When the chair has stated the question on the adoption of the
recommendations or resolutions, or of the report, the matter under
consideration is open to debate and amendment, and may have applied
to it any of the subsidiary motions, like other main questions. Its
consideration cannot be objected to if the matter was referred to the
committee. While the report of the committee or its resolutions may
be amended by the assembly, these amendments only affect that which
the assembly adopts, as the assembly cannot in any way change the
committee’s report.
For example: A committee expresses the opinion that Mr. A has no
right to commit a certain act, and the assembly strikes out this
statement from the report before adopting it. This does not alter the
report, but, when the assembly adopts the report, this statement is
not adopted. So with a recommendation or a resolution: the assembly
may strike out or add one or more recommendations or resolutions
before adopting, but that does not alter the committee’s report.
If the proceedings are published, the committee’s report should be
printed exactly as it was submitted with the amendments printed
below; or, still better, all words struck out should be enclosed in
brackets and all words inserted should be printed in italics, and a
note to that effect inserted at the beginning.
While the motions to adopt, to accept, etc., are often used
indiscriminately, and the adoption of any one of them has the effect
of endorsing or adopting the opinions, actions, recommendations,
or resolutions submitted by the committee, as the case may be, yet
it is better to use them as heretofore stated. If only one term is
used, the word “adopt” is preferable, as it is least liable to be
misunderstood.
=55. Committee of the Whole.= When an assembly has to consider a
subject which it does not wish to refer to a committee, and yet where
the subject matter is not well digested and put into proper form for
its definite action, or when, for any other reason, it is desirable
for the assembly to consider a subject with all the freedom of an
ordinary committee, it is the practice to refer the matter to the
“Committee of the Whole.” If it is desired to consider the question
at once, the motion is made, “That the assembly do now resolve itself
into a committee of the whole, to take under consideration,” etc.,
or, “That we go into committee of the whole to consider,” etc.,
specifying the subject. This is really a motion to “commit.” [See
=32= for its order of precedence, etc.] If adopted, the chairman
immediately calls another member to the chair, and takes his place as
a member of the committee. The committee is under the rules of the
assembly, excepting as stated hereafter in this section.
The only motions in order are to amend and adopt, and that the
committee “rise and report,” as it cannot adjourn; nor can it order
the “yeas and nays.” An appeal from the decision of the chair can be
made, and it must be voted on directly, as it cannot be laid on the
table or postponed, those motions not being allowed in committee of
the whole. Each member can speak only once on the appeal. The only
way to close or limit debate in committee of the whole is for the
assembly, before going into committee of the whole, to vote that the
debate in committee shall cease at a certain time, or that after a
certain time no debate shall be allowed, excepting on new amendments,
and then only one speech in favor of and one against it, of, say,
five minutes each; or in some other way to regulate the time for
debate.
If no limit is prescribed, any member may speak as often as he can
get the floor, and as long each time as is allowed in debate in the
assembly, but he cannot speak a second time provided a member wishes
the floor who has not spoken on that particular question. Debate
having been closed at a particular time by order of the assembly, the
committee has not the power, even by unanimous consent, to extend the
time. The committee cannot refer the subject to another committee.
Like other committees, it cannot alter the text of any resolution
referred to it; but if the resolution originated in the committee,
then all the amendments are incorporated in it.
When the committee is through with the consideration of the subject
referred to it, or if it wishes to adjourn, or to have the assembly
limit debate, a motion is made that “the committee rise and report,”
etc., specifying the result of its proceedings. The motion to “rise”
is equivalent to the motion to adjourn in the assembly, and is always
in order (except while voting or when another member has the floor),
and is undebatable and cannot be amended. As soon as this motion
is adopted the presiding officer takes the chair, and the chairman
of the committee, having resumed his place in the assembly, rises,
addresses the chair, and says: “The Committee of the Whole has had
under consideration (here he describes the resolution or other
matter) and has directed me to report the same with (or without, as
the case may be) amendments,” provided the committee has concluded
its business. If the committee has failed to come to a conclusion,
strike out of the report all after “and has” and insert “come to no
conclusion thereon.” If no amendments are reported, the chair at once
states the question on the resolution or other matter referred to
the committee. If amendments are reported the reporting member reads
them, and hands the paper to the chair, who reads, and states and
puts the question on the amendments as a whole, unless a member asks
for a separate vote on one or more amendments, in which case a single
vote is taken on all the other amendments, and then the question is
stated separately on each of the amendments for which a separate vote
was asked. The amendments may be debated and amended.
The secretary does not record in the minutes the proceedings of the
committee, but should keep a memorandum of the proceedings for its
use. In large assemblies the secretary vacates his chair, which
is occupied by the chairman of the committee, and the assistant
secretary acts as secretary of the committee. Should the committee
become disorderly, and the chairman be unable to control it, the
presiding officer should take the chair and declare the committee
dissolved. The quorum of the committee of the whole is the same as
that of the assembly [=64=]. If the committee finds itself without a
quorum, it can only rise and report the fact to the assembly, which
in such case must adjourn.
In large assemblies, such as the U. S. House of Representatives,
where a member can speak to any question only once, the committee
of the whole seems almost a necessity, as it allows the freest
discussion of a subject, while at any time it can rise and thus bring
into force the strict rules of the assembly. In small assemblies it
is usually more convenient to substitute for it either the “Quasi
(as if in) Committee of the Whole,” as used in the U. S. Senate, or
“Informal Consideration,” as frequently used in ordinary societies.
These are explained in the next two sections.
=56. As if in (or Quasi) Committee of the Whole= is used in the U. S.
Senate instead of the committee of the whole, and is more convenient
in small assemblies. The motion should be made in a form similar to
this: “I move that the resolution be considered as if in committee of
the whole.” This being adopted, the question is open to debate and
amendment with all the freedom of the committee of the whole. The
presiding officer, however, retains the chair, instead of appointing
a chairman as is done when the assembly goes into committee of the
whole. If any motion is adopted, except an amendment, it puts an end
to the quasi committee of the whole. Thus, the motion to commit is
equivalent to the following motions when in committee of the whole:
(1) That the committee rise; (2) that the committee of the whole be
discharged from the further consideration of the subject; and (3)
that it be referred to a committee. When the assembly has finished
amending the proposition under consideration, without further motion
the chairman announces that, “The assembly, acting as if in committee
of the whole, has had such subject under consideration, and has made
certain amendments,” which he then reports. The subject comes before
the assembly then as if reported by a committee, the chair stating
the question on the amendments as described at the close of the
previous section under committee of the whole. The secretary should
keep a memorandum of the proceedings while acting as if in committee
of the whole, but it should not be entered in the minutes, being only
for temporary use. The chairman’s report to the assembly should be
entered in the minutes, as it belongs to the assembly’s proceedings.
=57. Informal Consideration.= In ordinary societies the meetings of
which are not large, instead of going into committee of the whole,
or considering questions as if in committee of the whole, it is more
usual to consider the question informally. The motion is made thus:
“I move that the question be considered informally.” The effect of
the adoption of this motion is to open the main question and any
amendments that may be proposed, to free debate as if in committee
of the whole. No member can speak the second time to the same
question as long as a member who has not spoken desires the floor.
This informal consideration applies only to the main question and
its amendments, so that any other motion that is made is under the
regular rules of debate. While considering a question informally
the assembly by a two-thirds vote may limit the number or length of
speeches, or in any other way limit or close the debate. While the
consideration of the main question and its amendments is informal,
all votes are formal, the informality applying only to the number
of speeches allowed in debate. The instant the main question is
disposed of temporarily, or permanently, the informal consideration
automatically ceases without any motion or vote.
If the question is considered in either the regular committee of
the whole or the quasi committee of the whole, it is necessary
formally to report the action to the assembly and then take action
on the report. Thus, it will be seen that informal consideration is
much simpler than either of the methods described in the previous
two sections. It can be used to advantage in assemblies that are
not very large, instead of the committee of the whole. While this
is not a motion to commit, yet it is used for practically the same
purpose as the committee of the whole. It ranks just below the
motion “to consider as if in committee of the whole,” which is just
below “to go into committee of the whole.”
Art. X. The Officers and the Minutes.
PAGE
=58.= Chairman or President =236=
=59.= Secretary or Clerk =244=
=60.= The Minutes =247=
=61.= Executive Secretary =250=
=62.= Treasurer =251=
=58. Chairman or President.= The presiding officer, when no special
title has been assigned him, is ordinarily called the Chairman, or
the President, or, especially in religious assemblies, the Moderator.
In organized societies the constitution always prescribes his title,
that of President being most common. In debate he is referred to by
his official title and is addressed by prefixing Mr. or Madam, as the
case may be, to that title. In referring to himself he should never
use the personal pronoun; he generally says, “the chair,” which means
the presiding officer of the assembly, regardless of whether his
position is permanent or temporary. If his position is only temporary
he is called the chairman.
His duties are generally as follows: To open the session at the time
at which the assembly is to meet, by taking the chair and calling the
members to order; to announce the business before the assembly in the
order in which it is to be acted upon [=65=]; to recognize members
entitled to the floor [=3=]; to state [=6=] and to put to vote [=9=]
all questions which are regularly moved, or necessarily arise in the
course of the proceedings, and to announce the result of the vote;
to protect the assembly from annoyance from evidently frivolous or
dilatory motions by refusing to recognize them [=40=]; to assist in
the expediting of business in every way compatible with the rights of
the members, as by allowing brief remarks when undebatable motions
are pending, if he thinks it advisable; to restrain the members when
engaged in debate, within the rules of order; to enforce on all
occasions the observance of order and decorum among the members,
deciding all questions of order (subject to an appeal to the assembly
by any two members) unless when in doubt he prefers to submit the
question for the decision of the assembly [=21=]; to inform the
assembly, when necessary, or when referred to for the purpose, on
a point of order or practice pertinent to pending business; to
authenticate, by his signature, when necessary, all the acts, orders,
and proceedings of the assembly declaring its will and in all things
obeying its commands.
In case of fire, riot, or very serious disorder, or other great
emergency, the chair has the right and the duty to declare the
assembly adjourned to some other time (and place if necessary), if
it is impracticable to take a vote, or in his opinion, dangerous to
delay for a vote.
The chairman should rise to put a question to vote, except in very
small assemblies, such as boards or committees, but may state it
sitting; he should also rise from his seat (without calling any
one to the chair) when giving his reasons for his decision upon a
point of order, or when speaking upon an appeal, which he can do in
preference to other members. During debate he should be seated and
pay attention to the speaker, who is required to address his remarks
to the presiding officer. He should always refer to himself as “the
chair,” thus, “The chair decides,” etc., not “I decide,” etc. When a
member has the floor, the chairman cannot interrupt him excepting as
provided in =3=, so long as he does not transgress any of the rules
of the assembly.
If a member of the assembly, he is entitled to vote when the vote
is by ballot (but not after the tellers have commenced to count the
ballots), and in all other cases where the vote would change the
result. Thus, in a case where a two-thirds vote is necessary, and
his vote thrown with the minority would prevent the adoption of
the question, he can cast his vote; so, also, he can vote with the
minority when it will produce a tie vote and thus cause the motion
to fail; but he cannot vote twice, first to make a tie, and then to
give the casting vote. Whenever a motion is made referring to the
chairman only, or which compliments or condemns him with others, it
should be put to vote by the Vice President if in the room, or by
the Secretary, or on their failure to do so, by the maker of the
motion. The chair should not hesitate to put the question on a motion
to appoint delegates or a committee on account of his being included.
The chairman cannot close debate unless by order of the assembly,
which requires a two-thirds vote; nor can he prevent the making of
legitimate motions by hurrying through the proceedings. If members
are reasonably prompt in exercising their right to speak or make
motions, the chair cannot prevent their doing so. If he has hurriedly
taken and announced a vote while a member is rising to address the
chair, the vote is null and void, and the member must be recognized.
On the other hand the chairman should not permit the object of a
meeting to be defeated by a few factious persons using parliamentary
forms with the evident object of obstructing business. In such a case
he should refuse to entertain the dilatory or frivolous motion, and,
if an appeal is taken, he should entertain it, and, if sustained by a
large majority he may afterwards refuse to entertain even an appeal
made by the faction when evidently made merely to obstruct business.
But the chair should never adopt such a course merely to expedite
business, when the opposition is not factious. It is only justifiable
when it is perfectly clear that the opposition is trying to obstruct
business. [See Dilatory Motions, =40=].
If it is necessary for the chairman to vacate the chair the first
Vice President, if there is one, should take the chair, and in his
absence the next one in order should take it. If there is no vice
president in the hall, then the chairman may, if it is necessary
to vacate the chair, appoint a chairman _pro tem._, but the first
adjournment puts an end to the appointment, which the assembly can
terminate before, if it pleases, by electing another chairman. But
the regular chairman, knowing that he will be absent from a future
meeting, cannot authorize another member to act in his place at such
meeting; the secretary, or, in his absence, some other member should
in such case call the meeting to order, and a chairman _pro tem._ be
elected who would hold office during that session, unless such office
is terminated by the entrance of the president or a vice president,
or by the election of another chairman _pro tem._, which may be done
by a majority vote.
The chairman sometimes calls a member to the chair and takes part
in the debate. This should rarely be done, and nothing can justify
it in a case where much feeling is shown and there is a liability
to difficulty in preserving order. If the chairman has even the
appearance of being a partisan, he loses much of his ability to
control those who are on the opposite side of the question. There
is nothing to justify the unfortunate habit some chairmen have
of constantly speaking on questions before the assembly, even
interrupting the member who has the floor. One who expects to take
an active part in debate should never accept the chair, or at least
should not resume the chair, after having made his speech, until
after the pending question is disposed of.{43} The presiding officer
of a large assembly should never be chosen for any reason except his
ability to preside.
{43} “Though the Speaker (Chairman) may of right speak to matters of
order and be first heard, he is restrained from speaking on any other
subject except where the House have occasion for facts within his
knowledge: then he may, with their leave, state the matter of fact.”
[Jefferson’s Manual, sec. XVII.]
“It is a general rule in all deliberative assemblies, that the
presiding officer shall not participate in the debate, or other
proceedings, in any other capacity than as such officer. He is only
allowed, therefore, to state matters of fact within his knowledge; to
inform the assembly on points of order or the course of proceeding,
when called upon for that purpose, or when he finds it necessary to
do so; and, on appeals from his decision on questions of order, to
address the assembly in debate.” [Cushing’s Manual, §202.]
The chairman should not only be familiar with parliamentary usage,
and set the example of strict conformity thereto, but he should be
a man of executive ability, capable of controlling men. He should
set an example of courtesy, and should never forget that to control
others it is necessary to control one’s self. A nervous, excited
chairman can scarcely fail to cause trouble in a meeting. No rules
will take the place of tact and common sense on the part of the
chairman. While usually he need not wait for motions of routine, or
for a motion to be seconded when he knows it is favored by others,
yet if this is objected to, it is safer instantly to require the
forms of parliamentary law to be observed. By general consent many
things can be done that will save much time [see page 202], but
where the assembly is very large, or is divided and contains members
who are habitually raising points of order, the most expeditious
and safe course is to enforce strictly all the rules and forms of
parliamentary law. He should be specially careful after every motion
is made and every vote is taken to announce the next business in
order. Whenever an improper motion is made, instead of simply ruling
it out of order, it is well for the chairman to suggest how the
desired object can be accomplished. [See “Hints to Inexperienced
Chairman” below.]
The by-laws sometimes state that the president shall appoint all
committees. In such case the assembly may authorize committees,
but cannot appoint or nominate them. The president, however, cannot
appoint any committees except those authorized by the by-laws or by
a vote of the assembly. Sometimes the by-laws make the president
ex-officio a member of every committee. Where this is done he has the
rights of other members of the committees but not the obligation to
attend every committee meeting. [See =51=.]
A chairman will often find himself perplexed with the difficulties
attending his position, and in such cases he will do well to remember
that parliamentary law was made for deliberative assemblies, and
not the assemblies for parliamentary law. This is well expressed by
a distinguished English writer on parliamentary law, thus: “_The
great purpose of all rules and forms is to subserve the will of
the assembly rather than to restrain it; to facilitate, and not to
obstruct, the expression of their deliberative sense._”
_Additional Duties of the President of a Society, and the Vice
Presidents._ In addition to his duties as presiding officer, in many
societies the president has duties as an administrative or executive
officer. Where this is desired, the by-laws should clearly set forth
these duties, as they are outside of his duties as presiding officer
of the assembly, and do not come within the scope of parliamentary
law.
The same is true of vice presidents. Sometimes they have charge
of different departments of work, and they should be chosen with
those duties in view as prescribed by the by-laws. It must not be
forgotten that in the case of the absence of the president the
first vice president must preside, and in case of the illness or
resignation or death of the president that the first vice president
becomes president for the unexpired term, unless the rules specify
how vacancies shall be filled. In such case the second vice president
becomes the first, and so on. It is a mistake to elect a vice
president who is not competent to perform the duties of president.
=Hints to Inexperienced Chairmen.= While in the chair, have beside
you your Constitution, By-laws, and Rules of Order, which should
be studied until you are perfectly familiar with them. You cannot
tell the moment you may need this knowledge. If a member asks what
motion to make in order to attain a certain object, you should be
able to tell him at once. [=10=]. You should memorize the list of
ordinary motions arranged in their order of precedence [page 7, and
should be able to refer to the Table of Rules [page 8] so quickly
that there will be no delay in deciding all points contained in it.
Become familiar with the first ten sections of these Rules; they are
simple, and will enable you more quickly to master parliamentary law.
Read carefully sections =69-71=, so as to become accustomed to the
ordinary methods of conducting business in deliberative assemblies.
Notice that there are different ways of doing the same thing, all of
which are allowable.
You should know all the business to come regularly before the
meeting, and call for it in its regular order. Have with you a
list of members of all committees, to guide you in nominating new
committees.
When a motion is made, do not recognize any member or allow any
one to speak until the motion is seconded and you have stated the
question; or, in case of there being no second and no response to
your call for a second, until you have announced that fact; except
in case of a main motion before it is seconded or stated some one
rises and says he rises to move a reconsideration, or to call up the
motion to reconsider, or to move to take a question from the table.
In any of these cases you should recognize the interrupting member as
entitled to the floor [=3=]. If you have made a mistake and assigned
the floor to the wrong person, or recognized a motion that was not in
order, correct the error as soon as your attention is called to it.
So, when a vote is taken, announce the result and also what question,
if any, is then pending, before recognizing any member that addresses
the chair. Never wait for mere routine motions to be seconded, when
you know no one objects to them. [See =8=.]
If a member ignorantly makes an improper motion, do not rule it out
of order, but courteously suggest the proper one. If it is moved
“to lay the question on the table until 3 P.M.,” as the motion is
improper, ask if the intention is “to postpone the question to 3
P.M.;” if the answer is yes, then state that the question is on the
postponement to that time. If it is moved simply “to postpone the
question,” without stating the time, do not rule it out of order, but
ask the mover if he wishes “to postpone the question indefinitely”
(which kills it), or “to lay it on the table” (which enables it to be
taken up at any other time); then state the question in accordance
with the motion he intended to make. So, if after a report has been
presented and read, a member moves that “it be received,” ask him
if he means to move “its adoption” (or “acceptance,” which is the
same thing), as the report has been already received. No vote should
be taken on receiving a report, which merely brings it before the
assembly, and allows it to be read, unless some one objects to its
reception.
The chairman of a committee usually has the most to say in reference
to questions before the committee; but the chairman of an ordinary
deliberative assembly, especially a large one, should, of all the
members, have the least to say upon the merits of pending questions.
Never interrupt members while speaking, simply because you know more
about the matter than they do; never get excited; never be unjust
to the most troublesome member, or take advantage of his ignorance
of parliamentary law, even though a temporary good is accomplished
thereby.
Know all about parliamentary law, but do not try to show off your
knowledge. Never be technical, or more strict than is absolutely
necessary for the good of the meeting. Use your judgment; the
assembly may be of such a nature through its ignorance of
parliamentary usages and peaceable disposition, that a strict
enforcement of the rules, instead of assisting, would greatly hinder
business; but in large assemblies, where there is much work to be
done, and especially where there is liability to trouble, the only
safe course is to require a strict observance of the rules.
=59. Secretary, or Clerk.= The recording officer is variously called
Clerk, or Secretary, or Recording Secretary (where there is also a
Corresponding Secretary), or Recorder, or Scribe, etc. The secretary
is the recording officer of the assembly and the custodian of its
records except such as are specifically assigned to others, as the
treasurer’s books. These records are open, however, to inspection
by any member at reasonable times, and where a committee needs any
records of a society for the proper performance of its duties, they
should be turned over to its chairman. The same principle applies in
boards and committees, their records being accessible to members of
the board or committee, as the case may be, but to no others.
In addition to keeping the records of the society and the minutes of
the meetings, it is the duty of the secretary to keep a register, or
roll, of the members and to call the roll when required; to notify
officers, committees, and delegates of their appointment, and to
furnish committees with all papers referred to them, and delegates
with credentials; and to sign with the president all orders on the
treasurer authorized by the society, unless otherwise specified in
the by-laws. He should also keep one book in which the constitution,
by-laws, rules of order, and standing rules should all be written,
leaving every other page blank; and whenever an amendment is made to
any of them, in addition to being recorded in the minutes it should
be immediately entered on the page opposite to the article amended,
with a reference, in red ink, to the date and page of the minutes
where it is recorded.
In addition to the above duties, when there is only one secretary, it
is his duty to send out proper notices of all called meetings, and
of other meetings when necessary, and to conduct the correspondence
of the society, except as otherwise provided. Where there is a
_Corresponding Secretary_ these duties devolve on him, as well as
such others as are prescribed by the by-laws. The by-laws should
always clearly define the additional duties of the corresponding
secretary if any are to be imposed on him. When the word “secretary”
is used it always refers to the recording secretary if there is more
than one.
The secretary should, previous to each meeting, for the use of the
chairman, make out an order of business [=65=], showing in their
exact order what is necessarily to come before the assembly. He
should also have, at each meeting, a list of all standing committees,
and such special committees as are in existence at the time, as well
as the by-laws of the organization and its minutes. His desk should
be near that of the chairman, and in the absence of the chairman (if
there is no vice president present), when the hour for opening the
session arrives, it is his duty to call the meeting to order, and to
preside until the election of a chairman _pro tem._, which should
take place immediately. He should keep a record of the proceedings,
stating what was done and not what was said, unless it is to be
published, and never making criticisms, favorable or otherwise, on
anything said or done. This record, usually called the minutes, is
kept as explained in the next section. When a committee is appointed,
the secretary should hand the names of the committee, and all papers
referred to it, to the chairman of the committee, or some other of
its members. He should indorse on the reports of committees the date
of their reception, and what further action was taken upon them,
and preserve them among the records, for which he is responsible.
It is not necessary to vote that a report be “placed on file,” as
that should be done without a vote, except in organizations that
habitually keep no records except their minutes and papers ordered on
file.
=60. The Minutes.= The record of the proceedings of a deliberative
assembly is usually called the Minutes, or the Record, or the
Journal. The essentials of the record are as follows: (_a_) the
kind of meeting, “regular” (or stated) or “special,” or “adjourned
regular” or “adjourned special”; (_b_) name of the assembly; (_c_)
date of meeting and place, when it is not always the same; (_d_)
the fact of the presence of the regular chairman and secretary, or
in their absence the names of their substitutes; (_e_) whether the
minutes of the previous meeting were approved, or their reading
dispensed with, the dates of the meetings being given when it is
customary to occasionally transact business at other than the regular
business meetings; (_f_) all the main motions (except such as were
withdrawn) and points of order and appeals, whether sustained or
lost, and all other motions that were not lost or withdrawn; (_g_)
and usually the hours of meeting and adjournment, when the meeting is
solely for business. Generally the name is recorded of the member
who introduced a main motion, but not of the seconder.
In some societies the minutes are signed by the president in addition
to the secretary, and when published they should always be signed by
both officers. If minutes are not habitually approved at the next
meeting, then there should be written at the end of the minutes the
word “Approved” and the date of the approval, which should be signed
by the secretary. They should be entered in good black ink in a
well-bound record-book.{44}
{44} In many organizations it is preferable for the secretary to
keep his original pencil notes in a pocket memorandum book which he
carries to every meeting, and these original notes, as corrected,
are approved and then copied into the permanent records. This plan
usually results in neater records, but the original notes should be
kept until they are carefully compared with the permanent records. In
such case it is better to have the minutes signed by both president
and secretary as a guarantee against errors in copying.
The _Form_ of the _Minutes_ may be as follows:
At a regular meeting of the M. L. Society, held in their hall, on
Thursday evening, March 19, 1914, the president in the chair, and
Mr. N acting as secretary, the minutes of the previous meeting
were read and approved. The Committee on Applications reported
the names of Messrs. C and D as applicants for membership, and on
motion of Mr. F they were admitted as members. The committee
on ...... reported through Mr. G a series of resolutions, which were
thoroughly discussed and amended, and finally adopted, as follows:
_Resolved_, That......
On motion of Mr. L the society adjourned at 10 P.M.
R...... N......
_Secretary._
In keeping the minutes, much depends upon the kind of meeting, and
whether the minutes are to be published. In the meetings of ordinary
societies and of boards of managers and trustees, there is no object
in reporting the debates; the duty of the secretary, in such cases,
is mainly to record what is “done” by the assembly, and not what is
said by the members. He should enter the essentials of a record, as
previously stated, and when a count has been ordered or where the
vote is by ballot, he should enter the number of votes on each side;
and when the voting is by yeas and nays he should enter a list of the
names of those voting on each side. The proceedings of the committee
of the whole, or while acting as if in committee of the whole, should
not be entered in the minutes, but the report of the committee should
be entered. When a question is considered informally, the proceedings
should be kept as usual, as the only informality is in the debate. If
a report containing resolutions has been agreed to, the resolutions
should be entered in full as finally adopted by the assembly,
thus: “The committee on ...... submitted a report with a series of
resolutions which, after discussion and amendment, were adopted as
follows:” then should be entered the resolutions as adopted. Where
the proceedings are published, the method shown further on should be
followed. If the report is of great importance the assembly should
order it “to be entered on the minutes,” in which case the secretary
copies it in full upon the record.
Where the regular meetings are held weekly, monthly, or quarterly,
the minutes are read at the opening of each day’s meeting, and, after
correction, should be approved. Where the meetings are held several
days in succession with recesses during the day, the minutes are
read at the opening of business each day. If the next meeting of the
organization will not be held for a long period, as six months or a
year, the minutes that have not been read previously should be read
and approved before final adjournment. If this is impracticable, then
the executive committee, or a special committee, should be authorized
to correct and approve them. In this case the record should be signed
as usual, and after the signatures the word “Approved,” with the
date and the signature of the chairman of the committee authorized
to approve them. At the next meeting, six months later, they need
not be read, unless it is desired for information, as it is too late
to correct them intelligently. When the reading of the minutes is
dispensed with they can afterwards be taken up at any time when
nothing is pending. If not taken up previously, they come before the
assembly at the next meeting before the reading of the later minutes.
With this exception the motion to dispense with reading the minutes
is practically identical with the motion to lay the minutes on the
table, being undebatable and requiring only a majority vote. The
minutes of a secret meeting, as for the trial of a member, should
not be read at a meeting that is open to the public, if the record
contains any of the details of the trial that should not be made
public.
_Minutes to be Published._ When the minutes are to be published,
in addition to the strict record of what is done, as heretofore
described, they should contain a list of the speakers on each side
of every question, with an abstract of all addresses, if not the
addresses in full, when written copies are furnished. In this case
the secretary should have an assistant. With some annual conventions
it is desired to publish the proceedings in full. In such cases it
is necessary to employ a stenographer as assistant to the secretary.
Reports of committees should be printed exactly as submitted, the
minutes showing what action was taken by the assembly in regard to
them; or, they may be printed with all additions in italics and parts
struck out enclosed in brackets, in which case a note to that effect
should precede the report or resolutions. In this way the reader can
see exactly what the committee reported and also exactly what the
assembly adopted or endorsed.
=61. The Executive Secretary= is usually a salaried officer paid
to give up all his time to the work as executive officer, or
general manager, of an organization under a board of managers and
an executive committee [=50=]. In some organizations this officer
is called Corresponding Secretary, but the title of corresponding
secretary does not carry with it any duty except that of conducting
the correspondence of the society as explained on page 246, unless it
is prescribed by the by-laws. The office of the executive secretary
is usually the only office of the organization, and there the
Executive Committee meets and transacts its business. The board of
managers in such cases is usually large and so scattered as never to
have regular meetings oftener than quarterly. When the organization
is a national one it usually meets just before the annual convention,
when it hears the annual report, prepared by the executive secretary
and previously adopted by the executive committee, and acts upon it.
The new board meets immediately after the convention, and organizes,
elects an executive committee and an executive secretary, when so
authorized by the by-laws, and decides upon the general policy for
the year, leaving the details to the executive committee and the
executive secretary. The board rarely meets oftener than once or
twice in addition to the meetings in connection with the annual
meeting, special meetings, however, being called, when required,
as provided by its by-laws. In some organizations the executive
secretary is elected by the convention. He is usually ex-officio
secretary of the executive committee. The members of the executive
committee giving their time gratuitously, it is the duty of the
executive secretary to prepare for the committee all business that
has not been assigned to others, and to see that all its instructions
are carried out. He is expected to recommend plans of work and
conduct the business generally, under the executive committee,
and prepare the annual report, which, after being adopted by the
executive committee, should be adopted by the board, whose report it
is, and then be submitted to the convention.
=62. Treasurer.= The duties of this officer vary in different
societies. In probably the majority of cases he acts as a banker,
merely holding the funds deposited with him and paying them out on
the order of the society signed by the president and the secretary.
He is always required to make an annual report, and in many societies
he also makes a quarterly report which may be in the form given
below. If the society has auditors the report should be handed to
them, with the vouchers, in time to be audited before the meeting.
The auditors having certified to its correctness, submit their
report, and the chair puts the question on adopting it, which has the
effect of approving the treasurer’s report, and relieving him from
responsibility in case of loss of vouchers, except in case of fraud.
If there are no auditors the report when made should be referred to
an auditing committee, who should report on it later.
It should always be remembered that the financial report is made
for the information of members. The details of dates and separate
payments for the same object are a hindrance to its being understood,
and are useless, as it is the duty of the auditing committee to
examine into details and see if the report is correct. The best form
for these financial reports depends upon the kind of society, and is
best determined by examining those made in similar societies. The
following brief report is in a form adapted to many societies where
the financial work is a very subordinate part of their work:
REPORT OF THE TREASURER OF THE M. L. SOCIETY
FOR THE QUARTER ENDING MARCH 31, 1914.
_Receipts._
Balance on hand January 1, 1914 $ 25.75
Initiation fees $ 50.00
Members’ dues 150.00
Fines 10.50 210.50
------- -------
Total $236.25
=======
_Disbursements._
Rent of Hall $80.00
Electric lights 22.00
Stationery and Printing 15.00
Repair of Furniture 10.00
Janitor 60.00 $187.00
-------
Balance on hand March 31, 1914. 49.25
-------
Total $236.25
S.... M....,
Treasurer
Examined and found correct.
R.... V.... }
J.... L.... } Auditing Committee.
Art. XI. Miscellaneous.
PAGE
=63.= Session =253=
=64.= Quorum =257=
=65.= Order of Business =261=
=66.= Nominations and Elections =263=
=67.= Constitutions, By-laws, Rules of Order, and Standing Rules =264=
=68.= Amendments of Constitutions, By-laws, and Rules of Order =269=
=63. A Session= of an assembly is a meeting which, though it may last
for days, is virtually _one meeting_, as a session of a convention;
or even months, as a session of Congress; it terminates by an
“adjournment sine die (without day).” The intermediate adjournments
from day to day, or the recesses taken during the day, do not destroy
the continuity of the meetings, which in reality constitute one
session. Any meeting which is not an adjournment of another meeting
commences a new session. In the case of a permanent society, whose
by-laws provide for regular meetings every week, month, or year, for
example, each meeting constitutes a separate session of the society,
which session, however, can be prolonged by adjourning to another day.
In this Manual the term _Meeting_ is used to denote an assembling of
the members of a deliberative assembly for any length of time, during
which there is no separation of the members except for a recess of
a few minutes, as the morning meetings, the afternoon meetings, and
the evening meetings, of a convention whose session lasts for days.
A “meeting” of an assembly is terminated by a temporary adjournment
or a recess for a meal, etc.; a “session” of an assembly ends with
an adjournment without day, and may consist of many meetings. So an
adjournment to meet again at some other time, even the same day,
unless it was for only a few minutes, terminates the meeting, but not
the session, which latter includes all the adjourned meetings. The
next meeting, in this case, would be an “adjourned meeting” of the
same session.
In ordinary practice a meeting is closed by moving simply “to
adjourn;” the society meets again at the time provided either by the
rules or by a resolution of the society. If it does not meet till the
time for the next regular meeting as provided in the by-laws, then
the adjournment closes the session, and was in effect an adjournment
without day. If, however, it had previously fixed the time for the
next meeting, either by a direct vote or by adopting a program of
exercise covering several meetings, or even days, in either case the
adjournment is in effect to a certain time, and while closing the
meeting does not close the session.
In such common expressions as quarterly meeting and annual meeting
the word meeting is used in the sense of the parliamentary _session_,
and covers all the adjourned meetings. Thus, business that legally
must be done at the annual meeting may be done at any time during
the session beginning at the time specified for the annual meeting,
though the session, by repeated adjournments, may last for days. The
business may be postponed to the next regular meeting, if desired.
Under Renewal of Motions [=38=] is explained what motions can be
repeated during the same session, and also the circumstances under
which certain motions cannot be renewed until after the close of the
next succeeding session.
A rule or resolution of a permanent nature may be adopted by a
majority vote at any session of a society, and it will continue
in force until it is rescinded. But such a standing rule does not
materially interfere with the rights of a future session, as by a
majority vote it may be suspended so far as it affects that session;
and, it may be rescinded by a majority vote, if notice of the
proposed action was given at a previous meeting, or in the notice
of the meeting; or, without any notice, it may be rescinded by a
majority of the entire membership, or by a two-thirds vote. If it
is desired to give greater stability to a rule it is necessary to
place it in the constitution, by-laws, or rules of order, all of
which are so guarded by requiring notice of amendments, and at least
a two-thirds vote for their adoption, that they are not subject to
sudden changes, and may be considered as expressing the deliberate
views of the whole society, rather than the opinions or wishes of any
particular meeting.
In case of the illness of the presiding officer the assembly cannot
elect a chairman _pro tem._ to hold office beyond the session, unless
notice of the election was given at the previous meeting or in the
call for this meeting. So it is improper for an assembly to postpone
anything to a day beyond the next succeeding session, and thus
attempt to prevent the next session from considering the question. On
the other hand, it is not permitted to move the reconsideration of
a vote taken at a previous session, though the motion to reconsider
can be called up, provided it was made during the previous session in
a society having meetings as often as quarterly. Committees can be
appointed to report at a future session.
NOTE ON SESSION.—In Congress, and in fact all legislative bodies,
the limits of the sessions are clearly defined; but in ordinary
societies having a permanent existence, with regular meetings more
or less frequent, there appears to be some confusion upon the
subject. Any society is competent to decide what shall constitute
one of its sessions, but, where there is no rule on the subject,
the common parliamentary law would make each of its regular or
special meetings a separate session, as they are regarded in this
Manual.
The disadvantages of a rule making a session include all the
meetings of an ordinary society, held during a long time, as one
year, are very great. If an objection to the consideration of a
question has been sustained, or if a question has been adopted,
or rejected, or postponed indefinitely, the question cannot again
be brought before the assembly for its consideration during the
same session. If a session lasted for a long period, a temporary
majority could forestall the permanent majority, and introduce and
act on a number of questions favored by the majority, and thus
prevent the society from dealing with those subjects for the long
period of the session. If members of any society take advantage of
the freedom allowed by considering each regular meeting a separate
session, and repeatedly renew obnoxious or unprofitable motions,
the society can adopt a rule prohibiting the second introduction of
any main question within, say, three months after its rejection,
or indefinite postponement, or after the society has refused to
consider it. But generally it is better to suppress the motion by
refusing to consider it [=23=].
=64. A Quorum= of an assembly is such a number as must be present in
order that business can be legally transacted. The quorum refers to
the number present, not to the number voting. The quorum of a mass
meeting is the number present at the time, as they constitute the
membership at that time. The quorum of a body of delegates, unless
the by-laws provide for a smaller quorum, is a majority of the number
enrolled as attending the convention, not those appointed. The quorum
of any other deliberative assembly with an enrolled membership
(unless the by-laws provide for a smaller quorum) is a majority
of all the members. In the case, however, of a society, like many
religious ones, where there are no annual dues, and where membership
is for life (unless it is transferred or the names are struck from
the roll by a vote of the society) the register of members is not
reliable as a list of the bona fide members of the society, and in
many such societies it would be impossible to have present at a
business meeting a majority of those enrolled as members. Where such
societies have no by-law establishing a quorum, the quorum consists
of those who attend the meeting, provided it is either a stated
meeting or one that has been properly called.
In all ordinary societies the by-laws should provide for a quorum
as large as can be depended upon for being present at all meetings
when the weather is not exceptionally bad. In such an assembly the
chairman should not take the chair until a quorum is present, or
there is no prospect of there being a quorum. The only business that
can be transacted in the absence of a quorum is to take measures to
obtain a quorum, to fix the time to which to adjourn, and to adjourn,
or to take a recess. Unanimous consent cannot be given when a quorum
is not present, and a notice given then is not valid. In the case
of an annual meeting, where certain business for the year, as the
election of officers, must be attended to during the session, the
meeting should fix a time for an adjourned meeting and then adjourn.
In an assembly that has the power to compel the attendance of its
members, if a quorum is not present at the appointed hour, the
chairman should wait a few minutes before taking the chair. In the
absence of a quorum such an assembly may order a call of the house
[=41=] and thus compel attendance of absentees, or it may adjourn,
providing for an adjourned meeting if it pleases.
In committee of the whole the quorum is the same as in the assembly;
if it finds itself without a quorum it can do nothing but rise and
report to the assembly, which then adjourns. In any other committee
the majority is a quorum, unless the assembly order otherwise, and
it must wait for a quorum before proceeding to business. Boards of
trustees, managers, directors, etc., are on the same footing as
committees as regards a quorum. Their power is delegated to them as
a body, and their quorum, or what number shall be present, in order
that they may act as a board or committee, cannot be determined by
them, unless so provided in the by-laws.
While no question can be decided in the absence of a quorum excepting
those mentioned above, a member cannot be interrupted while speaking
in order to make the point of no quorum. The debate may continue in
the absence of a quorum until some one raises the point while no one
is speaking.
While a quorum is competent to transact any business, it is usually
not expedient to transact important business unless there is a fair
attendance at the meeting, or else previous notice of such action has
been given.
Care should be taken in amending the rule providing for a quorum.
If the rule is struck out first, then the quorum instantly becomes
a majority of all the members, so that in many societies it would
be nearly impracticable to secure a quorum to adopt a new rule. The
proper way is to amend by striking out certain words (or the whole
rule) and inserting certain other words (or the new rule), which is
made and voted on as one question.
NOTE ON QUORUM.—After all the members of an organization have
had reasonable notice of a meeting, and ample opportunity
for discussion, if a majority of the total membership of the
organization come to a certain decision, that must be accepted as
the action or opinion of that body. But, with the exception of a
body of delegates, it is seldom that a vote as great as a majority
of the total membership of a large voluntary organization can be
obtained for anything, and consequently there has been established
a common parliamentary law principle, that if a bare majority of
the membership is present at a meeting properly called or provided
for, a majority vote (which means a majority of those who vote)
shall be sufficient to make the act the act of the body, unless it
suspends a rule or a right of a member (as the right to introduce
questions and the right of free discussion before being required
to vote on finally disposing of a question) and that a two-thirds
vote shall have the power to suspend these rules and rights. This
gives the right to act for the society to about one-fourth of its
members in ordinary cases, and to about one-third of its members
in case of suspending the rules and certain rights. But it has
been found impracticable to accomplish the work of most voluntary
societies if no business can be transacted unless a majority of
the members is present. In large organizations, meeting weekly or
monthly for one or two hours, it is the exception when a majority
of the members is present at a meeting, and therefore it has been
found necessary to require the presence of only a small percentage
of the members to enable the assembly to act for the organization,
or, in other words, to establish a small quorum. In legislative
bodies in this country, which are composed of members paid for
their services, it is determined by the constitutions to be a
majority of their members. Congress in 1861 decided this to be a
majority of the members chosen. In the English House of Commons it
is 40 out of nearly 700, being about 6% of the members, while in
the House of Lords the quorum is 3, or about one-half of 1% of the
members. Where the quorum is so small it has been found necessary
to require notice of all bills, amendments, etc., to be given in
advance; and even in Congress, with its large quorum, one day’s
notice has to be given of any motion to rescind or change any rule
or standing order. This principle is a sound one, particularly
with societies meeting monthly or weekly for one or two hours, and
with small quorums, where frequently the assembly is no adequate
representation of the society. The difficulty in such cases may
be met in societies adopting this Manual by the proper use of the
motion to reconsider and have entered on the minutes as explained
on page 165.
=65. Order of Business.= It is customary for every society having a
permanent existence to adopt an order of business for its meetings.
When no rule has been adopted, the following is the order:
(1) Reading the Minutes of the previous meeting [and their
approval].
(2) Reports of Boards and Standing Committees.
(3) Reports of Special (Select) Committees.
(4) Special Orders.
(5) Unfinished Business and General Orders.
(6) New Business.
The minutes are read only once a day at the beginning of the day’s
business. The second item includes the reports of all Boards of
Managers, Trustees, etc., as well as reports of such officers as are
required to make them. The fifth item includes, first, the business
pending and undisposed of at the previous adjournment; and then the
general orders that were on the calendar for the previous meeting and
were not disposed of; and finally, matters postponed to this meeting
that have not been disposed of.
The secretary should always have at every meeting a memorandum of
the order of business for the use of the presiding officer, showing
everything that is to come before the meeting. The chairman, as soon
as one thing is disposed of, should announce the next business in
order. When reports are in order he should call for the different
reports in their order, and when unfinished business is in order he
should announce the different questions in their proper order, as
stated above, and thus always keep the control of the business.
If it is desired to transact business out of its order, it is
necessary to suspend the rules [=22=], which can be done by a
two-thirds vote. But, as each resolution or report comes up, a
majority can at once lay it on the table, and thus reach any question
which it desires first to dispose of. It is improper to lay on the
table or to postpone a class of questions like reports of committees,
or in fact anything but the question before the assembly.
=66. Nominations and Elections.= Before proceeding to an election to
fill an office it is customary to nominate one or more candidates.
This nomination is not necessary when the election is by ballot or
roll call, as each member may vote for any eligible person whether
nominated or not. When the vote is viva voce or by rising, the
nomination is like a motion to fill a blank, the different names
being repeated by the chair as they are made, and then the vote is
taken on each in the order in which they were nominated, until one is
elected. The nomination need not be seconded. Sometimes a nominating
ballot is taken in order to ascertain the preferences of the members.
But in the election of the officers of a society it is more usual to
have the nominations made by a committee. When the committee makes
its report, which consists of a ticket, the chair asks if there
are any other nominations, when they may be made from the floor.
The committee’s nominations are treated just as if made by members
from the floor, no vote being taken on accepting them. When the
nominations are completed the assembly proceeds to the election, the
voting being by any of the methods mentioned under Voting, [=46=],
unless the by-laws prescribe a method. The usual method in permanent
societies is by ballot, the balloting being continued until the
offices are all filled. An election takes effect immediately if the
candidate is present and does not decline, or if he is absent and has
consented to his candidacy. If he is absent and has not consented to
his candidacy, it takes effect when he is notified of his election,
provided he does not decline immediately. After the election has
taken effect and the officer or member has learned the fact, it is
too late to reconsider the vote on the election. An officer-elect
takes possession of his office immediately, unless the rules specify
the time. In most societies it is necessary that this time be clearly
designated.
=67. Constitutions, By-laws, Rules of Order, and Standing Rules.=
The rules of a society, in a majority of cases, may be conveniently
divided into these four classes, though in some societies all the
rules are found under one of these heads, being called either the
constitution, or the by-laws, or the standing rules.
Such provisions in regard to the constitution, etc., as are of a
temporary nature should not be placed in the constitution, etc., but
should be included in the motion to adopt, thus: “I move the adoption
of the constitution reported by the committee and that the four
directors receiving the most votes shall serve for three years, the
four receiving the next largest numbers shall serve for two years,
and the next four for one year, and that where there is a tie the
classification shall be by lot;” or, “I move the adoption, etc. ...
and that Article III, shall not go into effect until after the close
of this annual meeting.” Or, if the motion to adopt has been made, it
may be amended so as to accomplish the desired object.
_Constitutions._ An incorporated society frequently has no
constitution, the charter taking its place, and many others prefer to
combine under one head the rules that are more commonly placed under
the separate heads of constitution and by-laws. There is no objection
to this unless the by-laws are elaborate, when it is better to
separate the most important rules and place them in the constitution.
The constitution should contain only the following:
(1) Name and object of the society.
(2) Qualification of members.
(3) Officers and their election.
(4) Meetings of the society (including only what is essential,
leaving details to the by-laws).
(5) How to amend the constitution.
These can be arranged in five articles, or, the first one may be
divided into two, in which case there would be six articles. Usually
some of the articles should be divided into sections. Nothing should
be placed in the constitution that may be suspended, except in the
case of requiring elections of officers to be by ballot, in which
case the requirement may be qualified so as to allow the ballot to
be dispensed with by a unanimous vote when there is but one candidate
for the office. The officers and board of managers or directors of
an organization that meets only annually in convention, and the
chairmen of such committees as it has authorized and has required to
report to the convention, should be, if present at the convention,
ex-officio members thereof, and provision for this should be made in
the constitution. The constitution should require previous notice
of an amendment and also a two-thirds or three-fourths vote for
its adoption. Where the meetings are frequent, an amendment should
not be allowed to be made except at a quarterly or annual meeting,
after having been proposed at the previous quarterly meeting. [See
Amendments to Constitutions, etc., =68=.]
_By-laws_ should include all the rules that are of such importance
that they cannot be changed in any way without previous notice,
except those placed in the constitution and the rules of order. Few
societies adopt any special rules of order of their own under that
name, contenting themselves with putting a few such rules in their
by-laws and then adopting some standard work on parliamentary law as
their authority. When a society is incorporated the charter may take
the place of the constitution, and in such a case the by-laws would
contain all the rules of the society, except those in the charter
that cannot be changed without previous notice. The by-laws should
always provide for their amendment as shown in =68=, and also for
a quorum, =64=. If it is desired to permit the suspension of any
by-law it should be specifically provided for. By-laws, except those
relating to business procedure, cannot be suspended, unless they
expressly provide for their suspension. By-laws in the nature of
rules of order may be suspended by a two-thirds vote, as stated in
=22=.
The duties of the presiding and recording officers of a deliberative
assembly are defined in =58= and =59=. But in many societies other
duties are required of the president and the secretary, and these,
together with the duties of the other officers, if any, should be
defined in the by-laws. If a society wishes to provide for honorary
officers or members, it is well to do so in the by-laws. Unless the
by-laws state the contrary, these positions are simply complimentary,
carrying with them the right to attend the meetings and to speak,
but not to make motions or to vote. Honorary presidents and vice
presidents should sit on the platform, but they do not, by virtue of
their honorary office, preside. An honorary office is not strictly
an office, and in no way conflicts with a member’s holding a real
office, or being assigned any duty whatever, the same as if he did
not hold the honorary office. Like a college honorary degree, it
is perpetual, unless rescinded. So it is proper, where desired, to
include in the published list of honorary officers the names of all
upon whom the honor has been conferred, even though deceased.
_Rules of Order_ should contain only the rules relating to the
orderly transaction of business in the meetings and to the duties
of the officers. There is no reason why most of these rules should
not be the same for all ordinary societies, and there is a great
advantage in uniformity of procedure, so far as possible, in all
societies all over the country. Societies should, therefore, adopt
some generally accepted rules of order, or parliamentary manual, as
their authority, and then adopt only such special rules of order
as are needed to supplement their parliamentary authority. Every
society, in its by-laws or rules of order, should adopt a rule like
this: “The rules contained in [specifying the work on parliamentary
practice] shall govern the society in all cases to which they are
applicable, and in which they are not inconsistent with the by-laws
or the special rules of order of this society.” Without such a rule,
any one so disposed can cause great trouble in a meeting.
_Standing Rules_ should contain only such rules as may be adopted
without previous notice by a majority vote at any business meeting.
The vote on their adoption, or their amendment, before or after
adoption, may be reconsidered. At any meeting they may be suspended
by a majority vote, or they may be amended or rescinded by a
two-thirds vote. If notice of the proposed action was given at
a previous meeting or in the call for this meeting, they may be
amended or rescinded by a majority vote. As a majority may suspend
any of them for that meeting, these rules do not interfere with the
freedom of any meeting and therefore require no notice in order to
adopt them. Generally they are not adopted at the organization of
a society, but from time to time as they are needed. Sometimes the
by-laws of a society are called standing rules, but it is better to
follow the usual classification of rules as given in this section.
The following is an example of a standing rule:
_Resolved_, That the meetings of this society from April 1 to
September 30 shall begin at 7:30 P.M., and during the rest of the
year at 8 P.M.
No standing rule, or resolution, or motion is in order that conflicts
with the constitution, or by-laws, or rules of order, or standing
rules.
=68. Amendments of Constitutions, By-laws, and Rules of Order.=
Constitutions, by-laws, and rules of order, that have been adopted
and contain no rule for their amendment, may be amended at any
regular business meeting by a vote of the majority of the entire
membership; or, if the amendment was submitted in writing at the
previous regular business meeting, then they may be amended by a
two-thirds vote of those voting, a quorum being present. But each
society should adopt rules for the amendment of its constitution,
by-laws, and rules of order, adapted to its own case, but always
requiring previous notice and a two-thirds vote. Where assemblies
meet regularly only once a year, the constitution, etc., should
provide for copies of the amendment to be sent with the notices to
the members or the constituency, instead of requiring amendments
to be submitted at the previous annual meeting. The requirements
should vary to suit the needs of each assembly, always providing for
ample notice to the members or the constituency. In societies having
very frequent meetings, and also monthly or quarterly meetings more
especially devoted to business, it is well to allow amendments to
the by-laws, etc., to be adopted only at the quarterly or annual
meetings. In specifying when the amendment must be submitted, “_the_
previous regular meeting” should be used instead of “_a_ previous
regular meeting,” as in the latter case action on the amendment
might be delayed indefinitely to suit the mover, and the object of
giving notice be defeated. In prescribing the vote necessary for the
adoption of an amendment, the expression “a vote of two-thirds of
the members” should never be used in ordinary societies, especially
in large organizations with quorums smaller than a majority of the
membership, as in such societies it is seldom that two-thirds of
the members—that is, two-thirds of the entire membership—is ever
present at a meeting. If it is desired to require a larger vote
than two-thirds (that is, two-thirds of the votes cast, a quorum
being present), the expression “a vote of two-thirds of the members
present,” should be used. Instead of submitting the amendment in
writing, sometimes only notice, or written notice, of an amendment
is required. Unless the notice is required to be in writing it may
be given orally. In any case, only the purport of the amendment is
necessary, unless the rule requires that the amendment itself shall
be submitted.
If a committee is appointed to revise the by-laws and report at a
certain meeting, this would be all the notice required, and the
amendments could be immediately acted upon, if the by-laws required
only previous notice of an amendment. But if they required the
amendment, or “notice of such amendment,” to be submitted at the
previous regular meeting, the revision could not be taken up until
the next regular meeting after the committee had submitted its
report. The committee may submit a substitute for the by-laws unless
it is limited as to its report, as a substitute is an amendment.
Great care should be exercised in amending constitutions, etc., to
comply with every rule in regard to their amendment.
An amendment to the constitution, or anything else that has already
been adopted, goes into effect immediately upon its adoption, unless
the motion to adopt specifies a time for its going into effect, or
the assembly has previously adopted a motion to that effect. While
the amendment is pending, a motion may be made to amend by adding
a proviso similar to this, “Provided, that this does not go into
effect until after the close of this annual meeting.” Or, while
the amendment is pending, an incidental motion may be adopted that
in case the amendment is adopted it shall not take effect until a
specified time. This requires only a majority vote.
_Amending a proposed amendment to the constitution_, etc., may be
accomplished by a majority vote, without notice, subject to certain
restrictions. The assembly is not limited to adopting or rejecting
the amendment just as it is proposed, but no amendment is in order
that increases the modification of the rule to be amended, as
otherwise advantage could be taken of this by submitting a very
slight change that would not attract attention and then moving the
serious modification as an amendment to the amendment.
Thus, if the by-laws placed the annual dues of members at $2.00, and
an amendment is pending to strike out 2 and insert 5, an amendment
would be in order to change the 5 to any number between 2 and 5;
but an amendment would not be in order that changed the 5 to any
number greater than 5 or less than 2. Had notice been given that
it was proposed to increase the dues to more than 5 dollars, or to
reduce them below 2 dollars, members might have been present to
oppose the change, who did not attend because they were not opposed
to an increase as high as 5 dollars. The same principle applies to
an amendment in the nature of a substitute, the proposed substitute
being open to amendments that diminish the changes, but not to
amendments that increase those that are proposed, or introduce new
changes. Thus, if an amendment is pending, substituting a new rule
for one that prescribes the initiation fee and annual dues, and the
substitute does not change the annual dues, then a motion to amend
it so as to change the annual dues would be out of order. The notice
must be sufficiently definite to give fair warning to all parties
interested as to the exact points that are to be modified. The
proposed amendment is a main motion, and that is the only question
before the assembly. It is subject to amendments of the first and
second degree, like other main motions, and no amendment that is not
germane to it is in order.
A society can amend its constitution and by-laws so as to affect the
emoluments and duties of officers already elected, or even to do
away with the office altogether. If it is desired that the amendment
should not affect officers already elected, a motion to that effect
should be adopted before voting on the amendment; or the motion to
amend could have added to it the proviso that it should not affect
officers already elected. There is something in the nature of a
contract between a society and its officers which either one can
modify to some extent, or even terminate, but it must be done with
reasonable consideration for the other party. A secretary, for
instance, has no right to refuse to perform his duties on the ground
that he has handed in his resignation. On the other hand, the society
cannot compel him to continue in office beyond a reasonable time to
allow for choosing his successor.
Care should be exercised in wording the sections providing for
amending the constitution, etc., to avoid such tautology as “amend,
or add to, or repeal,” or “alter or amend,” or “amend or in any way
change.” The one word “amend” covers any change whatever in the
constitution, etc., whether it is a word or a paragraph that is added
or struck out, or replaced by another word or paragraph, or whether a
new constitution, etc., is substituted for the old one.