Pocket Manual of Rules of Order for Deliberative Assemblies/Article 4

by Henry M. Robert

Layout 2

 

Art. IV. Committees and Informal Action.

[§§ 28–33.]

28. Committees. It is usual in deliberative assemblies, to have all preliminary work in the preparation of matter for their action done by means of committees. These may be either “standing committees” (which are appointed for the session [§ 42], or for some definite time, as one year); or “select committees,” appointed for a special purpose; or a “committee of the whole” [§ 32], consisting of the entire assembly. [For method of appointing committees of the whole, see § 32; other committees, see Commit, § 22.] The first person named on a committee is chairman (in his absence the next named member becomes chairman, and so on), and should act as such, unless the committee, by a majority of their number, elect another chairman, which they are competent to do. The clerk should furnish him, or some other member of the committee, with notice of the appointment of the committee, giving the names of the members, the matter referred to them, and such instructions as the assembly have decided upon. The chairman shall call the committee together, and, if there is a quorum (a majority of the committee, see § 43), he should read, or have read, the entire resolutions referred to them; he should then read each paragraph, and pause for amendments to be offered; when the amendments to that paragraph are voted on he proceeds to the next, only taking votes on amendments, as the committee cannot vote on the adoption of matter referred to them by the assembly.

If the committee originate the resolutions, they vote, in the same way, on amendments to each paragraph of the draft of the resolutions (which draft has been previously prepared by one of their members or a sub-committee); they do not vote on the separate paragraphs, but, having completed the amendments, they vote on the adoption of the entire report [see § 44]. When there is a preamble it is considered last. If the report originates with the committee, all amendments are to be incorporated in the report; but if the resolutions were referred, the committee cannot alter the text, but must submit the original paper intact, with their amendments (which may be in the form of a substitute, § 23) written on a separate sheet.

A committee is a miniature assembly that must meet together in order to transact business, and usually one of its members should be appointed its clerk. Whatever is not agreed to by the majority of the members present at a meeting (at which a quorum, consisting of a majority of the members of the committee, shall be present) cannot form a part of its report. The minority may be permitted to submit their views in writing also, either together, or each member separately, but their reports can only be acted upon by voting to substitute one of them for the report of the committee [see § 30]. The rules of the assembly, as far as possible, shall apply in committee; but a reconsideration [§ 27] of a vote shall be allowed, regardless of the time elapsed, only when every member who voted with the majority is present when the reconsideration is moved.^[1] A committee (except a committee of the whole, § 32) may appoint a sub-committee. When through with the business assigned them, a motion is made for the committee to “rise” (which is equivalent to the motion to adjourn), and that the chairman (or some member who is more familiar with the subject) make its report to the assembly. The committee ceases to exist as soon as the assembly receives the report [§ 30].

The committee has no power to punish its members for disorderly conduct, its resource being to report the facts to the assembly. No allusion can be made in the assembly to what has occurred in committee, except it be by a report of the committee, or by general consent. It is the duty of a committee to meet on the call of any two of its members, if the Chairman be absent or decline to appoint such meeting. When a committee adjourns without appointing a time for the next meeting, it is called together in the same way as at its first meeting. 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.

29. Forms of Reports of Committees. The form of a report is usually similar to the following:

A standing committee reports thus: “The committee on [insert name of committee] respectfully report,” [or “beg leave to report,” or “beg leave to submit the following report,”] etc., letting the report follow.

A select or special committee reports as follows: “The committee to which was referred [state the matter referred] having considered the same, respectfully report,’’ etc. Or for “The committee” is sometimes written “Your committee,” or “The undersigned, a committee.”

When a minority report is submitted, it should be in this form (the majority reporting as above): “The undersigned, a minority of a committee to which was referred,” etc. The majority report is the report of the committee, and should never be made out as the report of the majority.

All reports conclude with, “All of which is respectfully submitted.” They are sometimes signed only by the chairman of the committee, but if the matter is of much importance, it is better that the report be signed by every member who concurs. The report is not usually dated or addressed, but can be headed, as, for example, “Report of the Finance Committee of the Y. P. A., on Renting a Hall.” The report of a committee should generally close or be accompanied with formal resolutions covering all their recommendations, so that the adopting of their report [§ 31] would have the effect to adopt all the resolutions necessary to carry out their recommendations.^[2]

30. Reception of Reports. When the report of a committee is to be made, the Chairman (or member appointed to make the report) informs the assembly that the committee to whom was referred such a subject or paper, has directed him to make a report thereon, or report it with or without amendment, as the case may be; either he or any other member may move that it be “received”^[3] now or at some other specified time.

Usually the formality of a vote on the reception of a report of a committee is dispensed with, the time being settled by general consent. Should any one object, a formal motion becomes necessary. When the time arrives for the assembly to receive the report, the chairman of the committee reads it in his place and then delivers it to the clerk, when it lies on the table till the assembly sees fit to consider it. If the report consists of a paper with amendments, the chairman of the committee reads the amendments with the coherence in the paper, explaining the alterations and the reasons of the committee for the amendments, till he has gone through the whole. If the report is very long it is not usually read until the assembly is ready to consider it [see §§ 31, 44].

When the report has been received, whether it has been read or not, the committee is thereby dissolved, and can act no more unless it is revived by a vote to recommit. If the report is recommitted, all the parts of the report that have not been agreed to by the assembly are ignored by the committee as if the report had never been made.

If any member or members wish to submit a minority report (or reports) it is customary to receive it immediately after receiving the report of the committee; but it cannot be acted upon unless a motion is made to substitute it for the report of the committee.

31. Adoption of Reports. When the assembly is to consider a report, a motion should be made to “adopt,” “accept,” or “agree to” the report, all of which, when carried, have the same effect, namely, to make the doings of the committee become the acts of the assembly, the same as if done by the assembly without the intervention of a committee. While these motions are generally used indiscriminately, and all have the same effect, still it would probably be better to vary the motion according to the character of the report. Thus if the report contains merely a statement of opinion or facts, the best form of the motion is to “accept the report;” if it also concludes with resolutions or orders, the motion would be more appropriately “to agree to the resolutions,” or “to adopt the orders.”^[4] If either of these latter motions is carried, the effect is to adopt the entire report of the committee.

After either of the above motions is made, the report is open to amendment, and the matter stands before the assembly exactly the same as if there had been no committee, and the subject had been introduced by the motion of the member who made the report. [See § 34 for his privileges in debate, and § 44 for the method of treating a report containing several propositions, when being considered by the assembly.]

32. 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.”^[5] 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., specifying the subject. This is really a motion to “commit.” [See § 22 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” [§ 38]. The only way to close or limit debate in committee of the whole is for the assembly 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 regulate the time for debate.^[6]

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, provided no one wishes the floor who has not spoken on that particular question. Debate having been closed at a particular time by order of the assembly, it is not competent for the committee, even by unanimous consent, to extend the time. The committee cannot refer the subject to another committee. Like other committees [§ 28], 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 it 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. This motion “to rise” is equivalent to the motion to adjourn in the assembly, and is always in order (except when another member has the floor), and is undebatable. 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 and informs him that “the committee have gone through the business referred to them, and that he is ready to make the report when the assembly is ready to receive it;” or he will make such other report as will suit the case.

The clerk does not record the proceedings of the committee on the minutes, but should keep a memorandum of the proceedings for the use of the committee. In large assemblies the clerk vacates his chair, which is occupied by the chairman of the committee, and the assistant clerk acts as clerk of the committee. Should the committee get disorderly, and the chairman be unable to preserve order, the presiding officer can take the chair, and declare the committee dissolved. The quorum of the committee of the whole is the same as that of the assembly [§ 43]. If the committee finds itself without a quorum, it can only rise and report the fact to the assembly, which in such a case would have to adjourn.

33. Informal Consideration of a Question (or acting as if in committee of the whole).

It has become customary in many assemblies, instead of going into committee of the whole, to consider the question “informally,” and afterwards to act “formally.” In a small assembly there is no objection to this.^[7] While acting informally upon any resolutions, the assembly can only amend and adopt them, and without further motion the Chairman announces that “the assembly, acting informally, [or as in committee of the whole,] has had such subject under consideration, and has made certain amendments, which he will report.” The subject comes before the assembly then as if reported by a committee. While acting informally the Chairman retains his seat, as it is not necessary to move that the committee rise; but at any time the adoption of such motions as to adjourn, the previous question, to commit, or any motion except to amend or adopt, puts an end to the informal consideration; as, for example, 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.

While acting informally every member can speak as many times as he pleases, and as long each time as permitted in the assembly [§ 34], and the informal action may be rejected or altered by the assembly. While the clerk should keep a memorandum of the informal proceedings, it should not be entered on the minutes, being only for temporary use. The Chairman’s report to the assembly of the informal action should be entered on the minutes, as it belongs to the assembly’s proceedings.

1. Both the English common parliamentary law and the rules of Congress prohibit the reconsideration of a vote by a committee; but the strict enforcement of this rule in ordinary committees would interfere with rather than assist the transaction of business. The rule given above seems more just, and more in accordance with the practice of ordinary committees, who usually reconsider at pleasure. No improper advantage can be taken of the privilege, as long as every member who voted with the majority must be present when the reconsideration is moved.
2. If the report of a committee were written in this form, ‘‘Your committee think the conduct of Mr. A at the last meeting so disgraceful that they would recommend that he be expelled from the society,” the adoption of the report would not have the effect to expel the member.
3. 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 § 31), when the intention is only to have the report up for consideration and afterwards move its adoption. Still a third error is, to move that ‘‘the report be adopted and the committee be discharged,”—when the committee have reported in full and their report has been received, so that the committee have already ceased to exist. If the committee, however, have made but a partial report, or report progress, then it is in order to move that the committee be discharged from the further consideration of the subject.
4. “To adopt” the report is the most common of these motions in ordinary societies, and is used regardless of the character of the report. Its effect is generally understood, which is not the case with the motion to accept, as shown in the note to § 30 [which see for common errors in acting upon reports]. The last paragraph of § 29 shows how the form of the report influences the effect of its adoption.
5. In large assemblies, such as the U. S. House of Representatives, where a member can speak to any question but 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.
6. In Congress no motion to limit debate in committee of the whole is in order till after the subject has been already considered in committee of the whole. As no subject would probably be considered more than once in committee of the whole, in an ordinary society, the enforcement of this rule would practically prevent such a society from putting any limit to debate in the committee. The rule, as given above, allows the society, whenever resolving itself into committee of the whole, to impose upon the debate in the committee such restrictions as are allowed in Congress after the subject has already been considered in committee of the whole.
7. In the U. S. Senate all bills, joint resolutions and treaties, upon their second reading are considered “as if the Senate were in committee of the whole,” which is equivalent to considering them informally. [U. S. Senate Rules, 28 and 38.] In large assemblies it is better to follow the practice of the House of Representatives, and go into committee of the whole.