Robert's Parliamentary Practice/Chapter 17

by Henry Martyn Robert

CHAPTER XVII.

QUORUM; SESSION AND MEETING; ORDER OF BUSINESS; RULES OF THE ASSEMBLY.

Quorum. The quorum of an assembly is such a number as must be present in order that business may be legally transacted. If there is no rule on the subject, the majority of the membership, including absentees, of a convention, society, board, or committee, constitutes a quorum. A rule making a different quorum for a convention or society must be in the nature of a by-law, as it binds future sessions and cannot be suspended even by a unanimous vote. The members of a convention at any time are those who have registered up to that time as attending, even though some have left the convention. If it is desired to have a smaller quorum than a majority for a board or standing committee it must be provided for in the by-laws of the parent body. It is impracticable for a majority of the members of an ordinary society to be present at many of the meetings, so it has been found best to authorize a smaller quorum. In large societies the quorum is often less than 10 per cent, of the membership.

Session and Meeting. Each regular or special meeting of a society, together with its adjourned meetings, constitutes a session. An adjourned meeting is always a part of the same session as the previous meeting of which it is an adjournment. When a session lasts one or more days it is usual to take recesses for meals and to speak of the morning meeting, the afternoon meeting, and the evening or night meeting of each day. When each of the sessions lasts only two or three hours there is no difference between session and meeting, but the distinction is important in conventions lasting several days, and in all cases where adjourned meetings are held.

Order of Business. The usual order of business is as follows:

(1) Reading of Minutes.

(2) Reports of Officers and Boards and Standing Committees.

(3) Reports of Special Committees.

(4) Special Orders.

(5) Unfinished Business and General Orders.

(6) New Business.

This order of business applies to each day, and not to each of several meetings held on the same day. Hence if there is more than one meeting in a day, the minutes are read only at the first meeting. In taking up the general orders those on the calendar of the previous meeting should be disposed of before taking up the questions postponed to this meeting. Any question may be taken up out of its proper order by a two-thirds vote.

Rules of the Assembly. By-laws. With the exception of the rules relating to the transaction of business in the meetings, the by-laws of a society include all the rules of such importance that they cannot be changed in any way without previous notice. They cannot be suspended even by a unanimous vote, or amended, except by a vote of a majority of the organization or as they provide. Sometimes the most important parts of the by-laws are called the Constitution, but this causes complications and is a real defect, unless it is desired to make these parts, called the Constitution, more difficult to amend. The by-laws should provide for their own amendment.

Any one desirous of organizing a society should read very carefully the detailed account of the steps to be taken as given in R. O. R. pp. 284-292. In that account the procedure is given for each of the meetings until the organization is completed, and also for a regular business meeting of the society afterwards. The distinction between constitutions, by-laws, and, rules of order, and what each should contain is more fully described in R. O. R. pp. 264-269. No one should attempt to prepare the rules for a society without examining the by-laws of other similar societies and reading the article in "Robert's Parliamentary Law" on By-laws and Other Rules, which gives several models with explanatory notes.

Rules of Order comprise the rules governing the transaction of business in the meetings and prescribing the duties of its officers in so far as they are not stated in the by-laws. These rules, like the by-laws, may be amended only after due notice by a two-thirds vote, but the rules relating to the transaction of business may be suspended for the time being by a two-thirds vote, provided the rule is not designed to protect absentees or a minority as small as one-third. The rules protecting absentees or a minority as small as one-third cannot be suspended.

Standing Rules are those rules, or resolutions of a continuing nature, that may be adopted at any meeting without the necessity for previous notice being given. At any future session any of the standing rules may by a majority vote be suspended for that session only, and therefore they cannot interfere with the freedom of future sessions. The vote required for the adoption of a standing rule is the same as is required for the adoption of a resolution having a similar effect during that session only. Thus, if the rule limits debate it requires a two-thirds vote for its adoption. If the rule specifies the hour for the meetings, it may be adopted by a majority vote unless it conflicts with a rule previously adopted. The vote on its adoption, or on its amendment, before or after its adoption, may be reconsidered. A standing rule may be amended or rescinded by a two-thirds vote without notice. If notice of the proposed action was given at the previous meeting or in the call for the meeting, it may be amended or rescinded by a majority vote. In Chapter III the resolution offered by Mr. G is an example of a standing rule which suspends the rules relating to subsidiary motions.

Amendment of Rules of the Assembly. Constitutions, By-laws, and Rules of Order, if they contain no rules for their amendment, may be amended at any regular business meeting by a vote of a majority of the membership of the organization; or they may be amended by a two-thirds vote of those voting, a quorum being present, provided the amendment was submitted in writing at the previous regular business meeting. But each set of these rules should provide for its own amendment. This rule should never require a vote of "two-thirds of the members" for the adoption of an amendment, since when societies become large it is usually impracticable to secure so large an attendance.

A Standing Rule or a Resolution Previously Adopted may be amended by a two-thirds vote or by a vote of a majority of the membership; or if previous notice was given at a preceding meeting, or in the notice of the call for this meeting, the amendment may be adopted by a majority vote. The motions to Rescind and to Repeal are forms of this motion used when it is desired to strike cut an entire paragraph or by-law, or to annul an entire resolution or rule. [See R. O. R., pages 269-273, for amending By-laws, etc., and page 268 for amending and suspending Standing Rules.]

Practice Work.

(1) What is a quorum? Where must the provision for the quorum be made?

(2) What distinction can you make between meeting and session? When is there no distinction?

(3) What is the usual Order of Business?

(4) Rules of the Assembly. What are By-laws? If no provision is made in the by-laws for their amendment, what vote is required for their amendment?

(5) Rules of Order. What is the distinction between Rules of Order and By-laws?

(6) Standing Rules. How do they differ from the two described in No. 5?