CHAPTER
14: RULES OF PARLIAMENTARY PROCEDURE ORDINANCE
HISTORY NOTE:
Current
Ordinance:
Resolution
2003-176, adopted December 16, 2003 adopts Tribal Code Chapter 14: Rules
of Parliamentary Procedure Ordinance, effective December 16, 2003. With
the permission of the South Carolina Association of Counties, the Model
Rules of Parliamentary Procedure for South Carolina Counties was
used as a template in drafting Tribal Code Chapter 14: Rules of Parliamentary
Procedure Ordinance.
Amendments:
14.101 Short Title.
This Chapter
may be cited as the “Rules of Parliamentary Procedure.”
14.102 Purpose and Authority.
The purpose
of this Chapter is to establish Rules of Parliamentary Procedure to
ensure the orderly transaction of business in meetings, to facilitate
the smooth functioning of the Board of Directors and Subordinate Boards,
and to establish a firm basis for resolving questions of procedure which
arise during meetings. Authority for this Chapter is Article VII (g)
of the Tribal Constitution and Article I of the Tribal Bylaws.
14.103 Scope.
These
Rules of Parliamentary Procedure shall apply to all meetings of the
Board of Directors and shall apply to Subordinate Boards unless the
context of a rule clearly indicates otherwise. These Rules of Parliamentary
Procedure and Robert’s Rules of Order Newly Revised were adopted
to assist the Board of Directors and Subordinate Boards in conducting
orderly and productive meetings. Any deviation from or waiver of these
Rules of Parliamentary Procedure or Robert’s Rules of Order Newly
Revised shall not affect or void any action taken by the Board of Directors
or any Subordinate Board. Furthermore, such deviation or waiver does
not convey any right or cause of action to third parties.
14.104 Interpretation.
In all
cases not covered by these Rules of Parliamentary Procedure, the Board
of Directors and Subordinate Boards shall look to the applicable rules
contained in the current edition of Robert’s Rules of Order Newly
Revised. In the event of a conflict between these Rules of Parliamentary
Procedure and the applicable rules as contained in the current edition
of Robert’s Rules of Order Newly Revised, these Rules of
Parliamentary Procedure shall control.
14.105 Definitions.
For purposes
of this Chapter, certain terms are defined in this Section. When not
inconsistent with the context, words used in the present tense include
the future, words in the singular number include the plural number,
words in the plural number include words in the singular, and words
in the masculine gender include the feminine gender. The word “shall”
is mandatory and not merely directory.
(1) “Board”
or “Board of Directors” shall mean the governing body of
the Tribe.
(2) “Chairman”
shall mean the chairman of the Board of Directors as set forth in
Article II, Section 1 of the Tribal Bylaws.
(3) “Closed
Session” shall mean those meetings or portions of meetings of
the Board of Directors which Tribal members cannot attend, unless
specifically invited, as set forth in Tribal Code Chapter 96: Open
Meetings Ordinance.
(4) “Simple
Majority” shall mean more than half of the Board members who
actually vote, provided a quorum is present, excluding abstentions.
(5) “Positive
Majority” shall mean a majority of the members of the Board of
Directors, regardless of whether they are present. (This term has
the same meaning as the term “majority vote” as used in
the Tribal Constitution.)
(6) “Quorum”
shall mean a majority of the Board of Directors in accordance with
Article I, Section 5 of the Tribal Bylaws or the minimum number of
members of a Subordinate Board, as set forth in the applicable ordinance,
charter or bylaws.
(7) “Regular
Meetings” shall mean those meetings held once a month by the
Board of Directors pursuant to Article I, Section 1 of the Bylaws.
(8) “Special
Meetings” shall mean those meetings that are called by the Chairman
or by a Positive Majority vote of the Board of Directors pursuant
to Article I, Section 2 of the Bylaws.
(9) “Subordinate
Boards” shall mean the following boards established by the Board
of Directors:
(a)
Economic Development Commission established pursuant to Tribal Code
Chapter 40: Economic Development Commission Charter;
(b)
Housing Authority Commission established pursuant to Tribal Code
Chapter 90: Housing Authority Ordinance;
(c)
Building Authority established pursuant to Tribal Code Chapter 91:
Building Authority Charter;
(d)
Utility Authority established pursuant to Tribal Code Chapter 92:
Utility Authority Ordinance; and
(e)
Gaming Authority established pursuant to Tribal Code Chapter 94:
Gaming Authority Charter.
(10)
“Two-Thirds Majority” shall mean at least two-thirds of
the Board members who actually vote, provided a quorum is present,
excluding abstentions.
(11)
“Tribe” shall mean the Sault Ste. Marie Tribe of Chippewa
Indians.
14.106 Agenda.
(1) The
administrative secretary of the Board of Directors shall give all
Board members written notice of all Regular Meetings at least five
(5) calendar days in advance of such meetings. The administrative
secretary shall give all Board members written notice of all Special
Meetings at least five (5) calendar days in advance of such meetings.
(2) The
administrative secretary shall prepare the agenda for each meeting
based upon items submitted by the Chairman and will provide the agenda
for each meeting to all Board members at least five (5) calendar days
in advance of such meetings. In addition, at that time the administrative
secretary shall post the agenda in the Tribe’s offices and web
site.
(3) Immediately
following roll call at any Regular Meeting, the Board of Directors
may vote by Simple Majority to place or remove an item on or from
the agenda for the present meeting. The agenda for any Special Meeting
shall be limited to those specific items included on the agenda given
to Board members with the written notice of the Special Meeting.
14.107 Action on Agenda Item.
Action
on agenda items shall occur in accordance with following procedure,
as applicable:
(1) The
Chairman shall introduce each item on the agenda and shall briefly
summarize each agenda item and describe any supporting documentation.
(2) The
Chairman, the Secretary of the Board of Directors or the administrative
secretary of the Board of Directors shall read the resolution.
(3) After
each agenda item is introduced or the resolution is read, or both
as applicable, the Chairman may ask the individual or a representative
of the entity (excluding Board Members) that submitted the agenda
item to explain the item.
(4) At
the conclusion of the explanation, the Chairman shall open the floor
for Board members to ask questions regarding the agenda item.
(5) At
the conclusion of Board member questions, the Chairman may open the
floor for Tribal members to ask questions regarding the agenda item.
(6) At
the conclusion of any Tribal members’ questions, the Chairman
shall call for a main motion on the agenda item.
(8) If
a main motion is made, the Chairman shall ask for a second to support
the main motion.
(9) If
a main motion is made and seconded, the Chairman shall state the question.
(10)
After the question is stated, the Chairman shall open the floor for
Board members to debate the main motion in accordance with Section
14.108.
(11)
A vote on the main motion may be proposed in accordance with Section
14.109(3).
14.108 Debate.
(1) Debate
is the discussion on the merits of a pending question to determine
if the issue should be adopted. The Chairman shall manage debate in
an impartial manner. Board members shall participate in the debate
only when they are recognized by the Chairman.
(2) During
debate a Board member may interrupt another Board member who has the
floor only as set forth in Sections 14.113 and 14.115 through 14.118.
(3) The
Board member making a motion is entitled to speak first, and the Chairman
shall recognize Board members who have not spoken on an issue ahead
of those who have previously spoken on the issue.
(4) During
debate, each Board member, excluding the Chairman, is permitted to
speak no more than twice on an issue and a maximum of ten (10) minutes
each time. During debate, the Chairman is permitted to speak once
on any issue. Any such comment from the Chairman shall occur after
all other Board members have completed debate and shall be limited
to a maximum of ten (10) minutes.
14.109 Voting.
(1) The
preferred method of voting by Board members is by voice vote, although
the Chairman may call for a show of hands. A roll call vote may be
ordered by a Simple Majority vote of the Board, or by unanimous consent.
The demand for a roll call vote is in order before the voice vote
has been taken. A Board member may not explain his or her vote while
voting.
(2) In
accordance with Article II, Section 1 of the Tribal Bylaws, the Chairman
shall vote only in the case of a tie, unless otherwise provided by
the Tribe’s Constitution and Bylaws.
(3) In
the case of debatable motions, the vote can be proposed in one of
two ways. First, if debate has been completed and no other Board member
wishes to speak, the Chairman can call for the vote. If there are
no objections, the Chairman can proceed with the vote. Second, if
the Chairman calls for the vote and there is an objection, a Board
member may make a motion to call for the question. If the motion to
call for the question is approved by a Two Thirds Majority, debate
will stop as well as the making of all Subsidiary Motions. The administrative
secretary of the Board of Directors will then read the proposed main
motion to the Board and ask for the votes of the Board members. If
this motion to call for question is not approved by a Two Thirds Majority,
the debate will continue until stopped in accordance with the provisions
of this Chapter.
14.110 Personal Interest.
(1) Pursuant
to Article I, Section 6 of the Tribal Bylaws, no member of the Board
of Directors shall cast a vote on any matter in which the Board determines
by a Positive Majority vote that said Board member may have a personal
interest in the matter.
(2) It
is the responsibility of each individual Board member to notify the
Chairman of any potential personal interest in any matter upon which
the Board of Directors is to vote, provided that the failure of a
Board member to so notify the Chairman shall not prohibit another
Board member from raising the potential personal interest of another
Board member.
(3) At
any time prior to a Board member voting, another Board member may
make a motion to prohibit the Board member from voting on any matter
in which the member may have a personal interest. The Board member
who is the subject of the motion shall not vote on the motion. If
the motion passes, the Board member shall not vote on the matter.
Nothing in this provision shall preclude a Board member from abstaining
from a vote if the member believes that he potentially may have personal
interest in the matter, in the event the above described motion is
not made or does not pass.
14.111 Ordinances, Resolutions and Motions.
(1) The
Board of Directors will act by ordinance as follows:
(a)
When adopting or establishing rules governing the conduct of members
of the Tribe or other persons within the territorial jurisdiction
of the Tribe; and
(b)
When creating any regulatory commission, or any other subordinate
entity, particularly when any powers of the Board of Directors are
to be delegated to any such entity.
(2) The
Board of Directors will act by resolution as follows:
(a)
If the matter is one that the Tribal Constitution and Bylaws or
any Tribal ordinance require a resolution;
(b)
If the matter consists of amendment to any ordinance, charter or
bylaws of a Subordinate Board or any other subordinate entity;
(c)
If a certificate showing the authority granted to the Board of Directors
by the Tribal Constitution and Bylaws to perform a certain act is
required or is likely to be required at some future date;
(d)
If the matter regulates the management of the Tribe or a subdivision
of the Tribe and is meant to be permanent until changed; and
(e)
If the matter is one that is likely to be referred to from time
to time.
(3) All
decisions, actions or directives of the Board of Directors, which
are not memorialized by ordinance or resolution, shall be made by
motion and vote conducted in accordance with this Chapter.
14.112 Order of Precedence.
Robert’s
Rules of Order Newly Revised states in detail the order of precedence
of motions. However, given the complexity of the rules governing order
of precedence contained in Robert’s Rules of Order Newly Revised,
it is necessary to clarify in Sections 14.113 and 14.115 through 14.118
the order of precedence to be applied under these Rules of Parliamentary
Procedure. While privileged motions, subsidiary motions and recall motions
have an order or precedence, incidental motions have no precedence among
themselves, and subject to the exceptions stated in Section 14.117 incidental
motions generally must be decided as they arise. A motion that has precedence
is in order when made, and a motion that does not have precedence is
out of order when made. When a motion is made in order, the Board of
Directors shall consider it in a manner appropriate for that motion
as described in Sections 14.113 and 11.115 through 14.118.
14.113 Main Motions.
(1) In
order for the Board of Directors to take official action on any subject,
a Board member who has the floor must first propose a main motion.
The Chairman shall not recognize a main motion until another Board
member has seconded the motion. The Board members who moved and seconded
a motion are not required to support the motion. A main motion can
be debated, amended and reconsidered.
(2) Main
motions take precedence over nothing. They yield to all privileged,
subsidiary and applicable incidental motions.
14.114 Procedural Motions.
During
debate, Board members may introduce procedural motions, including those
motions described in Sections 14.115 through 14.118. Procedural motions
are used to facilitate the orderly discussion of business before the
Board of Directors and allow the Board to focus on one issue at a time.
Procedural motions are divided into privileged motions, subsidiary motions,
incidental motions and recall motions and are further described in Sections
14.115 through 14.118.
14.115 Privileged Motions.
The five
privileged motions discussed below do not relate to pending business,
but rather relate to special matters of immediate importance, which
are permitted to interrupt the consideration of anything else. The specific
characteristics of each privileged motion are set forth below.
(1) Motion
to Adjourn.
(a)
An unqualified motion to adjourn (does not mention a time for adjourning
or meeting again) requires that the meeting end immediately and
reconvene at the next regularly scheduled meeting. The motion to
adjourn is privileged only if it is unqualified. If the motion is
to adjourn at some point in the future, it is a main motion. The
motion to adjourn cannot be amended, debated or reconsidered. It
requires a second. It requires a Simple Majority vote for passage.
(b)
A motion to adjourn cannot interrupt another who has the floor.
It can be raised at anytime, except when a vote is being taken,
verified or announced. It takes precedence over all motions except
a motion to reconsider.
(2) Motion
to Recess.
(a)
A recess is a short intermission, taken immediately upon passage.
After the recess, the meeting takes up at the same point where it
was interrupted. The motion to recess is privileged only if the
recess is to be taken immediately. If the motion is to recess at
some point in the future, it is a main motion. The motion to recess
cannot be debated or reconsidered, but can be amended as to the
duration of the recess. It requires a second. It requires a Simple
Majority vote for passage.
(b)
A motion to recess is out of order if another has the floor. It
cannot be raised if a vote is being taken, verified or announced.
It takes precedence over all subsidiary motions and the privileged
motions of motion to raise a question of privilege, motion to convene
a closed session and motion to follow the agenda and all incidental
motions except those that must be disposed of before the motion
to recess is voted on. It yields to the privileged motion of motion
to adjourn and the recall motion of motion to reconsider
(3) Motion
to Raise a Question of Privilege.
(a)
A motion to raise a question of privilege is a device to allow Board
of Directors to take up a matter for immediate consideration because
of its urgency. The motion cannot be amended, debated or reconsidered,
but it can be appealed. The Chairman shall rule on the motion, but
a vote may be taken if the decision of the Chairman is appealed.
Generally there are two types of questions of privilege questions
relating to the privilege of the Board of Directors as a body, and
questions of personal privilege. If the two come up together, a
question of Board privilege takes precedence over a question of
personal privilege. It does not require a second, unless stated
in the form of a motion.
(b)
A motion to raise a question of privilege can interrupt another
who has the floor. It cannot be raised if a vote is being taken,
verified or announced. It takes precedence over all subsidiary motions
and the privileged motions of motion to convene a closed session
and motion to follow the agenda and all incidental motions except
those that must be disposed of before the motion to raise a question
of privilege is voted on. It yields to the privileged motions of
motion to recess and motion to adjourn and the recall motion of
motion to reconsider.
(4) Motion
to Convene a Closed Session.
(a)
Closed Sessions shall be convened and conducted in accordance with
Tribal Code Chapter 96: Open Meetings Ordinance. A properly stated
motion to convene a closed session provides an appropriate reason
for convening the Closed Session. If a valid reason is not stated,
the Chairman may inquire, or if the reason is obvious, provide the
reason when restating the motion. The motion can be amended and
debated only in regard to stating the appropriate reason or reasons
for convening the session; however, it cannot be reconsidered. A
public vote is required on the motion prior to convening the Closed
Session. It requires a second. It requires a Simple Majority vote
for passage.
(b)
A motion to convene a closed session can interrupt another who has
the floor. It cannot be raised if a vote is being taken, verified
or announced. It takes precedence over all subsidiary motions and
the privileged motion of motion to follow the agenda and all incidental
motions except those that must be disposed of before the motion
to convene a closed session is voted on. It yields to the privileged
motions of motion to raise a question of privilege, motion to recess
and motion to adjourn and to the recall motion of motion to reconsider.
(5) Motion
to Follow the Agenda.
(a)
A motion to follow the agenda is used to get a meeting back on schedule
and is appropriate when the meeting has been allowed to digress
or when a specific time scheduled for an item of business has arrived
and the Chairman has failed to take notice. Any Board member can
make a motion to follow the agenda. Once the motion is made, it
will be considered adopted, and as such, the Chairman shall follow
the agenda or put the motion to a vote. The motion cannot be amended,
debated or reconsidered. It does not require a second. It requires
a Two-Thirds Majority to overrule the motion.
(b)
A motion to follow the agenda can interrupt another who has the
floor. It cannot be raised if a vote is being taken, verified or
announced. It takes precedence over all motions except all other
privileged motions and all incidental motions except those that
must be disposed of before the motion to follow the agenda is voted
on. It yields to the recall motion of motion to reconsider.
14.116 Subsidiary Motions.
The seven
subsidiary motions listed below help the Board of Directors reach a
decision on other pending motions, usually a main motion. Subsidiary
motions are always applied to and relate directly to the pending motion.
They are designed to expedite business by disposing of the pending motion
other than by rejecting or adopting it. The specific characteristics
of each subsidiary motion are set forth below.
(1) Motion
to Table.
(a)
A motion to table proposes that the consideration of a motion be
postponed until a later time. It is an appropriate motion that allows
the Board of Directors to take up a more pressing matter out of
order and to return later to the tabled motion. The main motion
can be brought back for consideration if the Board of Directors
pass a motion to recall from the table. A motion that has been laid
on the table will die if it has not been taken from the table by
the close of the regular meeting following the meeting in which
the motion was tabled. The motion to table cannot be amended, debated
or reconsidered. It requires a second. It requires a Simple Majority
vote for passage.
(b)
A motion to table is out of order if another has the floor. It takes
precedence over all subsidiary motions and over any privileged motions
that are pending when it is made. It yields to all other privileged
motions, and to motions that are incidental to the motion to table.
(2) Motion
to Call for the Question.
(a)
A motion to call for the question, if passed, cuts off debate and
forces an immediate vote on the pending issue. It can be applied
to any pending motion or motions requiring a vote. It is not debatable
or amendable, but it can be reconsidered up until a vote taken on
the called question. It requires a second. It requires a Two-Thirds
Majority vote for passage.
(b)
A motion to call for the question is out of order if another has
the floor. It takes precedence over all debatable or amendable motions
to which it is applied and over the subsidiary motions of motion
to limit or extend debate, motion to postpone to a time certain,
motion to refer to committee, motion to amend and motion to postpone
indefinitely. It yields to the subsidiary motion of motion to table,
to all privileged motions and to all applicable incidental motions.
(3) Motion
to Limit or Extend Debate.
(a)
The motions to limit or extend debate change or place time constraints
on the length of debate. The details of such motions are to be provided
by the Board member making the motion. They can be applied to any
motion that is debatable. Debate is not allowed on either the motion
to limit or extend debate, nor can either be reconsidered, but the
motions can be amended as to the length of the time limitation.
They require a second. They require a Two-Thirds Majority vote for
passage.
(b)
The motions to limit or extend debate are out of order if another
has the floor. They take precedence over all debatable motions.
The takes precedence over the subsidiary motions of motion to postpone
to a time certain, motion to refer to committee, motion to amend
and motion to postpone indefinitely. They yield to the subsidiary
motions of motion to call for the question and motion to table,
to all privileged motions and to all applicable incidental motions.
(4) Motion
to Postpone to a Time Certain.
(a)
A motion to postpone to a time certain is appropriate when a Board
member believes that the pending main motion should not be considered
until some point in the future. The motion to postpone to a time
certain sets a particular time for the main motion to be considered
again, which may be later in the same meeting, at a future meeting
or upon the occurrence of a specified event or the issuance of a
necessary report. The Chairman will bring the pending main motion
back to the Board for further consideration at the specified time.
The motion to postpone to a time certain is in order even though
debate has already occurred on the motion. It is debatable, amendable
as to the duration of postponement and can be reconsidered. It requires
a second. If this motion is made as a General Order, the
motion will require a simple majority vote for adoption. If this
motion is made as a Special Order, it will require a Two-Thirds
Majority vote for adoption. With a General Order, when the
time of postponement arrives, the Board of Directors shall not interrupt
a pending motion. The board shall take up the postponed item immediately
after the pending motion is disposed of. With a Special Order,
when the time of postponement arrives, the Board of Directors shall
interrupt the pending motion and take up the postponed item at precisely
the time ordered by the motion to postpone.
(b)
A motion to postpone to a time certain is out of order if another
has the floor. It takes precedence over the main motion, the subsidiary
motions of motion to refer to committee, motion to amend and motion
postpone indefinitely. It yields to the subsidiary motions of motion
to limit or extend debate, motion to call for the question and motion
to table, to all privileged motions, and to all applicable incidental
motions.
(5) Motion
to Refer to Committee.
(a)
If a Board member believes that further information or study is
needed before the Board can act on a matter, any Board member can
move that it be referred to a committee or to a particular department
for further study and review. If an appropriate committee does not
already exist, a special committee can be formed as a part of the
motion. A motion to refer to committee may specify the date that
the committee or department will report back to the Board. If a
special committee is formed, the Chairman will appoint its members
and its chairman. The motion to refer to committee is debatable
and can be amended as to where the motion is to be committed and
the date and time that the committee will report back. It can be
reconsidered. It requires a second. It requires a Simple Majority
vote for passage.
(b)
A motion to refer to committee is out of order if another has the
floor. It takes precedence over the main motion and the subsidiary
motions of motion to amend and motion to postpone indefinitely.
It yields to the subsidiary motions of motion to postpone to a time
certain, motion to limit or extend debate, motion to call for the
question and motion to table, to all privileged motions and to all
applicable incidental motions.
(6) Motion
to Amend.
(a)
A motion to amend is used to make a change to a pending motion.
Amendments must be closely related to the original motion and must
not change the nature of the motion that they amend. In addition
to main motions, some subsidiary motions and the motion to recess
can also be amended. A motion to amend can itself be amended (secondary
amendment), but the secondary amendment cannot be amended. Debate
is allowed on the motion only if the original motion is debatable,
and debate is limited to the proposed amendment. It can be reconsidered.
If the amendment is adopted, the Board will then consider the amended
version of the main motion. It requires a second. It requires a
Simple Majority vote for passage.
(b)
A motion to amend is out of order if another has the floor. All
of the subsidiary motions can be amended except the motions to postpone
indefinitely, call for the question and lay on the table. When the
motion to amend is applied to another subsidiary motion, its rank
is modified so that it takes precedence over the motion to which
it is applied. It takes precedence over the main motion and the
subsidiary motion of motion to postpone indefinitely. It yields
to all other subsidiary motions, except motion to postpone indefinitely,
to all privileged motions and to all incidental motions.
(7) Motion
to Postpone Indefinitely.
(a)
A motion to postpone indefinitely is a motion that indicates that
the Board of Directors declines to take a position on the main question.
The motion stops the adoption of the main motion and avoids a direct
vote on the question for the duration of the current meeting. It
takes precedence over nothing except the main question to which
it is applied. It must be made while a main question is immediately
pending. It is debatable and unlike any other subsidiary motion,
debate on this motion can go fully to the merits of the main question.
It is not amendable. An affirmative vote on the motion can be reconsidered,
but a negative vote cannot be reconsidered. It requires a second.
It requires a Simple Majority vote for passage.
(b)
A motion to postpone indefinitely is out of order if another has
the floor. It takes precedence over nothing except the main question
to which it is applied. It is the lowest ranking subsidiary motion.
It yields to all other subsidiary motions, to all privileged motions
and to all applicable incidental motions.
14.117 Incidental Motions.
Three incidental
motions allow Board members to appeal rulings by the Chairman, raise
points of order, question precedence of motions and raise objections
to consideration of matters which are incidental to the discussions
at hand but do not directly relate to the main question under discussion.
Incidental motions are in order only if they pertain to the motion then
pending or in some other way to the business at hand. The specific characteristics
of each incidental motion are set forth below.
(1) Point
of Order.
(a)
A point of order is appropriate when a Board member thinks that
these Rules of Parliamentary Procedure have been violated. It allows
the member to call upon the Chairman for a ruling and enforcement
of these Rules of Parliamentary Procedure. It is not debatable (except
that the Chairman may ask the member raising the point to explain
it), is not amendable, and cannot be reconsidered. It does not require
a second. Normally, the point is ruled on by the Chairman and no
vote is taken, unless there is an appeal or the Chairman is in doubt.
(b)
A point of order can interrupt another who has the floor, if the
point genuinely requires attention at the time it is raised. It
takes precedence over any motion from which it arose. It yields
to all privileged motions and if the point of order relates to the
pending question, it yields to the motion to table.
(2) Appeal.
(a)
The duties of the Chairman include making rulings on questions of
parliamentary procedure. An appeal is the vehicle available to Board
members who believe that the Chairman’s ruling was erroneous.
An appeal is debatable unless the underlying question is not debatable
or the appeal relates to decorum or priority of business. If debatable,
each Board member may speak only once. It can be amended and reconsidered.
It requires a second. The decision of the Chairman stands unless
reversed by a Simple Majority vote.
(b)
An appeal can interrupt another who has the floor, but must be taken
immediately after the ruling and is out of order if other business
has intervened. It takes precedence over any pending motion at the
time the Chairman makes a ruling from which the appeal is made.
It yields to all privileged motions and incidental motions arising
from the appeal.
(3)
Suspend the Rules.
(a)
The Board of Directors may wish to do something during a meeting
that it cannot do without violating these Rules of Parliamentary
Procedure. A motion to suspend the rules allows the Board of Directors
to suspend the rule or rules that interferes with the proposed action.
The Board member who makes a motion to suspend the rules must state
the specific purpose for doing so. The Board of Directors cannot
suspend rules contained in the Tribal Constitution or Bylaws, rules
which embody fundamental principles of parliamentary law and rules
which protect absentees or a basic right of individual Board members.
It requires a second. It requires a Two-Thirds Majority vote for
passage.
(b)
A motion to suspend the rules cannot interrupt another who has the
floor. It takes precedence over any motion if it is for a purpose
connected with that motion. It yields to the motion to lay on the
table and to all privileged motions according to the order of precedence
of such motions, except that if it relates to the priority of business
it does not yield to call for the orders of the day. It also yields
to incidental motions arising out of the motion to suspend the rules.
(4) Requests
and Inquiries.
(a)
From time to time, Board members may need additional background
information or may wish to provide such information, so that the
Board can understand better the issue under discussion. Requests
and inquiries provide the vehicle for exchanging this information.
Requests and inquiries are not amendable, debatable or subject to
reconsideration. All share similar characteristics and procedural
requirements and can be subdivided into the following categories:
(i)
Parliamentary Inquiry. A Parliamentary inquiry is always directed
to and answered by the Chairman and is used to clarify specific
parliamentary or organization rules that have bearing on the issue
at hand. The Chairman’s reply on a parliamentary inquiry
is not subject to Appeal because it constitutes an opinion and
not a ruling. No vote is taken on a Parliamentary Inquiry.
(ii)
Point of Information. A Point of Information is addressed to the
Chairman or to another Board member through the Chairman, for
information relevant to the business at hand, but not related
to parliamentary procedure. No vote is taken on a Point of Information.
(iii)
Request for Permission to Withdraw or Modify a Motion. The requirements
for withdrawing or modifying a motion depend on when a Board member
states intent to withdraw or modify the motion. A Board member
does not need permission to withdraw or modify a motion before
the Chairman states the motion as pending. After the Chairman
states the motion, the Board member who made the motion must obtain
permission to withdraw or modify the motion. If a Board member
seeks to withdraw or modify the motion, the Chairman shall first
treat the request as a unanimous consent request and as such shall
grant the request unless any Board member objects. If there is
an objection, the Chairman can ask for a motion to withdraw the
motion, which can be made by any member of the board. The motion
requires a second. It requires a Simple Majority vote for passage.
(iv)
Reading of Papers. If any Board member objects, a Board member
has no right to read from or have another person read from any
papers or books as part of that member’s debate. Even so,
it is customary to grant leave to members to read short, pertinent
printed matter, so long as the privilege is not abused. Any Board
member retains the right to object at any time after the reading
has begun, unless the Board member who is reading has obtained
the unanimous consent of the Board to read from the papers or
books. If there is an objection, the Chairman can ask for a motion
to read papers, which can be made by any member of the board.
The motion requires a second. It requires a Simple Majority vote
for passage.
(v)
Request for any other Privilege. If a Board member desires to
make a request not covered above, other than during any portion
of the meeting set aside for matters raised by Board Members,
such as a request to address remarks or make a presentation while
no motion is pending he must obtain the floor and state the request.
The Chairman on his own accord can put before the Board the request
or any member can move that the Board grant the request. The motion
requires a second. It requires unanimous consent for passage.
(b)
All requests and inquires can interrupt another who has the floor
if they require immediate attention. All take precedence over any
motion to which they are connected and can be made at any time when
no question is pending.
14.118 Recall Motions.
Three recall
motions allow issues to be brought back to the Board of Directors that
have been previously disposed of or assigned to a committee.
(1) Motion
to Reconsider.
(a)
A motion to reconsider allows the Board of Directors to reconsider
a decision made at the meeting that is in progress based upon new
information that may affect the decision that has already been made.
It can only be made and must be called up at the meeting at which
the vote to be reconsidered was taken. Only a Board member who voted
on the prevailing side can make a motion to reconsider. A motion
to reconsider temporarily suspends any action growing out of the
motion to be reconsidered. If the Board approves the motion to reconsider,
the original decision will be voided, and the Board will return
to debate and vote again on the original motion. The motion is debatable
if the matter to be reconsidered is debatable, but it cannot be
amended. The motion to reconsider, itself, cannot be reconsidered.
It requires a second. A Simple Majority vote is required for passage.
(b)
A motion to reconsider cannot be made or called up if another has
the floor. It takes precedence over any other motion and yields
to nothing. After a motion to reconsider is made, the consideration
of the motion takes the priority of the motion to be reconsidered.
If a motion to reconsider is made but not considered immediately,
any member can call up the motion at that meeting by bringing it
to the attention of the Board at anytime consideration of the motion
would be in order.
(2) Motion
to Recall from the Table or from Committee.
(a)
The motions to recall from the table or from committee allow the
Board of Directors to consider a question that has been laid on
the table or that has been assigned but not yet reported out of
committee. The motions are not debatable or amendable. A tabled
motion that is not recalled by the close of the meeting, following
the meeting in which it was tabled, is dead. The motions require
a second. The motions require a Simple Majority vote for passage.
(b)
The motions to recall from the table or from committee are out of
order if another has the floor. They take precedence over nothing
and must be made when no other business is pending. They yield to
subsidiary motions, privileged motions and incidental motions.
(3) Motion
to Rescind or Amend Something Previously Adopted.
(a)
The motions to rescind or amend something previously adopted allow
the Board of Directors to change a previous action of the Board.
These motions can be made if written notice of intent to make the
motion, which details complete substance of the proposed motion
to rescind or amend something previously adopted, is provided to
all Board members at least five (5) days in advance of the meeting.
These motions require a second. Except as may be otherwise required
in the Tribal Constitution or By-Laws, a Positive Majority vote
is required for passage. The motions are debatable, but not amendable,
and a negative vote on these motions can be reconsidered, but an
affirmative vote cannot be reconsidered.
(b)
The motions to rescind or amend something previously adopted are
out of order if another has the floor. They take precedence over
nothing and must be made when no other business is pending. They
yield to subsidiary motions, privileged motions and incidental motions.
14.119 Disciplinary Procedures.
(1) All
persons present at a meeting shall obey the legitimate orders of the
Chairman. The Chairman has the duty to rule on all questions of parliamentary
procedure affecting the proceedings of the Board.
(2) The
Chairman has the authority to rule any Board member as being out of
order if he or she violates the rules of parliamentary procedures
set forth in this Chapter or Robert’s Rules of Order Newly
Revised, as applicable.
(3) For
serious or repeated violations of order, any Board member can move
to penalize the offending member or the Chairman can inquire as to
whether the Board desires to penalize the offending member. A motion
to penalize can include that the offending member be censured or be
required to leave the meeting, or both. As used herein, “censure”
refers to the authority of the Board to impose a fine or reduce or
suspend any benefit(s) that Board members receive (except the right
to attend subsequent meetings); provided, however, that any such fine
or reduction or suspension of any benefit(s) shall not exceed five
thousand dollars ($5,000.00) per censure. The motion requires a second
and must be approved by a Positive Majority. The provisions of Section
14.110 may be utilized to prevent the offending Board member from
voting on a motion to penalize.
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