Robert's Rules of Order by Henry M. Robert (world best books to read txt) 📖

of the Day are called for, the question is put thus: "Will the assembly now proceed to the Orders of the Day?"

When, upon the introduction of a question, some one objects to its consideration, the chairman immediately puts the question thus: "Will the assembly consider it?" or, "Shall the question be considered?" [or discussed.]

If the vote has been ordered to be taken by yeas and nays, the question is put in a form similar to the following: "As many as are in favor of the adoption of these resolutions, will, when their names are called, answer yes [or aye]--those opposed will answer no."

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Motions requiring a two-thirds vote.* [See Two-thirds Vote, page 159, and � 39 of Rules of Order.]

All motions that have the effect to make a variation from the established rules and customs, should require a two-thirds vote for their adoption. Among these established customs should be regarded the right of free debate upon the merits of any measure, before the assembly can be forced to take final action upon it. The following motions would come under this rule:

To amend or suspend the rules. To make a special order. To take up a question out of its proper order. An objection to the consideration of a question. The Previous Question, or a motion to limit or close debate.

Unfinished Business. When an assembly adjourns, the unfinished business comes up at the adjourned meeting, if one is held, as the first business after the reading of the minutes; if there is no adjourned meeting, the unfinished business comes up immediately before new business at the next regular meeting, provided the regular meetings are more frequent than yearly.* [See Rules of Order, � 11, for a fuller explanation of the effect of an adjournment upon unfinished business, and the Congressional practice.] If the meetings are only once a

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year, the adjournment of the session puts an end to all unfinished business.

Session. Each regular meeting of a society constitutes a separate session. Any meeting which is not an adjournment of another meeting, commences a new session; the session terminates as soon as the assembly "adjourns without day."* [In ordinary practice, a meeting is closed by moving simply "to adjourn;" the society meet again at the time provided either by their rules or by a resolution of the society. If they do not meet till the time for the next regular meeting, as provided in the By-Laws, then the adjournment closed the session, and was in effect an adjournment without day. If, however, they had previously fixed the time for the next meeting, either by a direct vote, or by adopting a programme of exercises covering several meetings or even days, in either case the adjournment is in effect to a certain day, and does not close the session.]

When an assembly has meetings for several days consecutively, they all constitute one session. Each session of a society is independent of the other sessions, excepting as expressly provided in their Constitution, By-Laws, or Rules of Order, and excepting that resolutions adopted by one session are in force during succeeding sessions until rescinded by a majority vote [see note to � 49].

Where a society holds more than one regular session a year, these rules limit the independence of each session as follows: (a) The Order of Business prescribed in � 72 requires that the

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minutes of the previous meeting, the reports of committees previously appointed, and the unfinished business of the last session, shall all take precedence of new business, and that no subject can be considered out of its proper order, except by a two-thirds vote; (b) it is allowable to postpone a question to the next session, when it comes up with unfinished business, but it is not allowable to postpone to a day beyond the next session, and thus interfere with the right of the next session to consider the question; (c) a motion to reconsider a vote can be made at one meeting and called up at the next meeting, even though it be another session, provided the society holds its regular sessions as frequently as monthly.* [See Rules of Order, � 42, for a full discussion of this subject.]

Quorum. [See � 43 for full information on this subject.]

Order of Business. Every society should adopt an order of business adapted to its special wants. The following is the usual order where no special rule is adopted, and when more than one regular meeting is held each year:

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(1) Reading of the minutes of the last meeting. (2) Reports of Boards of Trustees or Managers, and Standing Committees. (3) Reports of Select Committees. (4) Unfinished Business (including questions postponed to this meeting). (5) New Business.

Business cannot be considered out of its order, except by a two-thirds vote; but a majority can lay on the table the different questions as they come up, and thus reach a subject they wish first to consider. If a subject has been made a Special Order for this meeting, then it is to be considered immediately after the minutes are read.

Amendments of Constitutions, By-Laws and Rules of Order, should be permitted only when adopted by a two-thirds vote, at a regular meeting of the society, after having been proposed at the previous regular meeting. If the meetings are very frequent, weekly, for instance, amendments should be adopted only at the quarterly meetings, after having been proposed at the previous quarterly meeting.

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Legal Rights of Assemblies and the Trial of their Members.

The Right of Deliberative Assemblies to Punish their Members. A deliberative assembly has the inherent right to make and enforce its own laws and punish an offender--the extreme penalty, however being expulsion from its own body. When expelled, if the assembly is a permanent society, it has a right, for its own protection, to give public notice that the person has ceased to be a member of that society.

But it has no right to go beyond what is necessary for self protection and publish the charges against the member. In a case where a member of a society was expelled, and an officer of the society published, by their order, a statement of the grave charges upon which he been found guilty, the expelled member recovered damages from the officer, in a suit for libel--the court holding that the truth of the charges did not affect the case.

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The Right of an Assembly to Eject any one from its place of meeting. Every deliberative assembly has the right to decide who may be present during its session, and when the assembly, either by a rule or by a vote, decides that a certain person shall not remain in the room, it is the duty of the chairman to enforce the rule or order, using whatever force is necessary to eject the party.

The chairman can detail members to remove the person, without calling upon the police. If, however, in enforcing the order, any one uses harsher treatment than is necessary to remove the person, the courts have held that he, and he alone is liable to prosecution, just the same as a policeman would be under similar circumstances. However badly the man may be abused while being removed from the room, neither the chairman nor the society are liable for damages, as, in ordering his removal, they did not exceed their legal rights.

Rights of Ecclesiastical Tribunals. Many of our deliberative assemblies are ecclesiastical bodies, and it is important to know how much respect will be paid to their decisions by the civil courts.

A church became divided and each party

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claimed to be the church, and therefore entitled to the church property. The case was taken into the civil courts, and finally, on appeal to the U. S. Supreme Court, which held the case under advisement for one year, and then reversed the decision of the State Court, because it conflicted with the decision of the highest ecclesiastical court that had acted upon the case. The Supreme Court, in rendering its decision, laid down the broad principle that, when a local church is but a part of a larger and more general organization or denomination, it will accept the decision of the highest ecclesiastical tribunal to which the case has been carried within that general church organization, as final, and will not inquire into the justice or injustice of its decree as between the parties before it. The officers, the ministers, the members, or the church body which the highest judiciary of the denomination recognizes, the court will recognize. Whom that body expels or cuts off, the court will hold to be no longer members of that church.

Trial of Members of Societies. Every deliberative assembly, having the right to purify its own body, must therefore have the right to investigate the character of its members.

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It can require any of them to testify in the case, under pain of expulsion if they refuse. In � 36 is shown the method of procedure when a member is charged with violating the rules of decorum in debate. If the disorderly words are of a personal nature, before the assembly proceeds to deliberate upon the case, both parties to the personality should retire. It is not necessary for the member objecting to the words to retire, unless he is personally involved in the case.

When the charge is against the member's character, it is usually referred to a committee of investigation or discipline, or to some standing committee to report upon. Some societies have standing committees, whose duty it is to report cases for discipline whenever any are known to them.

In either case the committee investigate the matter and report to the society. This report need not go into details, but should contain their recommendations as to what action the society should take, and should usually close with resolutions covering the case, so that there is no need for any one to offer any additional resolutions upon it. The ordinary resolutions, where the member is recommended to be expelled,

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are (1) to fix the time to which the Society shall adjourn; and (2) to instruct the clerk to cite the member to appear before the society at this adjourned meeting to show cause why he should not be expelled, upon the following charges, which should then be given.

After charges are preferred against a member and the assembly has ordered that he be cited to appear for trial, he is theoretically under arrest, and is deprived of all the rights of membership until his case is disposed of.

The clerk should send the accused a written notice to appear before the society at the time appointed, and should at the same time furnish him with a copy of the charges. A failure to obey the summons is generally cause enough for summary expulsion.

At the appointed meeting, what may be called the trial, takes place. Frequently the only evidence required against the member is the report of the committee. After it has been read and any additional evidence offered that the committee may see fit to introduce, the accused should be allowed to make an explanation and introduce witnesses if he so desires. Either party should be allowed to cross-examine the other's witnesses and introduce rebutting testimony.

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When the evidence is all in, the accused should retire from the room, and the society deliberate upon the question, and finally