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The Basics of Parliamentary Procedure. NY ACP Council Webinar March 15, 2012 Stephen J. Peterson, MD, MACP Professor and Executive Vice Chair Dept of Medicine, New York Medical College Chair, NYACP Awards and Nominations Committee Linda Lambert, CAE Executive Director, NYACP.

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The basics of parliamentary procedure

The Basics of Parliamentary Procedure

NY ACP Council Webinar

March 15, 2012

Stephen J. Peterson, MD, MACP

Professor and Executive Vice Chair

Dept of Medicine, New York Medical College

Chair, NYACP Awards and Nominations Committee

Linda Lambert, CAE

Executive Director, NYACP


What is parliamentary law
What is Parliamentary Law?

  • Parliamentary Law is the Code of rules and ethics for working together in groups.

  • It is the body of principles and rules that has developed from court decisions .

  • Parliamentary procedure is easy to learn, because it is essentially fairness and common sense.


Who must observe parliamentary law
Who Must observe Parliamentary Law?

  • The courts hold that all deliberative groups, with the exception of governmental bodies, must follow general parliamentary law whenever they are meeting to transact business.

  • Even a small group-for example , a finance committee or a board of education –must observe parliamentary law.


The purpose of parliamentary law
The Purpose of Parliamentary Law

  • The purpose of parliamentary procedure is to facilitate the transaction of business and to promote cooperation and harmony.

  • Two basic procedural rules

    • First, motions have a definite order of precedence.

    • Second, only one motion may be considered at a time.


The purpose of parliamentary law1
The Purpose of Parliamentary Law

  • Majority Decision

    • The Majority vote decides.

  • Minority Rights

    • The rights of the minority must be protected.


Steps in presenting a motion
Steps in Presenting a Motion

  • A member rises and addresses the presiding officer.

  • The member is recognized by the presiding officer.

  • The member proposes the motion.

  • Another member seconds the motion

  • The presiding officer states the motion to the assembly.


Exceptions
Exceptions

  • A second is not required for motions submitted by a committee, nor is it required for motions made in a committee or a small board.


Example of the presentation of a motion
Example of the Presentation of a Motion

  • Dr. A “ I move that the NYACP chapter pay for all chief residents to attend the ACP Internal Medicine meeting 2012

  • Dr. B (without rising) “ I second the motion”

  • Chapter President “ It has been moved and seconded that NYACP will pay for all chief residents to attend the ACP Internal Medicine meeting 2012. Is there any discussion? “Those in favor of the motion that NYACP chapter pay for all chief residents to attend the ACP Internal Medicine meeting 2012 say “Aye”……Those opposed, say “No”……

  • “The motion is carried.”


Classes of motions
Classes of Motions

  • Main Motions

  • Subsidiary Motions

  • Privileged Motions

  • Incidental Motions


Main motions
Main Motions

  • Main Motions

    • Are the most important and most frequently used.

    • The foundation of the conduct of business.

    • The purpose is to bring substantive proposals before the assembly for deliberation and decision.


Subsidiary motions
Subsidiary Motions

  • Alter the main Motion

    • Delay or hasten its consideration

    • Are usually applied to the main motion

  • Examples of subsidiary motions

    • Postpone temporarily (Lay on the table)

    • Close debate

    • Limit or extend debate

    • Postpone to a certain time

    • Refer to a committee

    • Amend


Privileged motions
Privileged Motions

  • Have no direct connection with the main motion before the assembly.

  • Are motions of such urgency that they are entitled to immediate consideration.

  • Because of the urgency, they are given the privilege of being considered ahead of other motions.

  • The privileged motions are:

    • Adjourn

    • Recess

    • Question of privilege


Incidental motions
Incidental Motions

  • Arise only incidentally our of the business before the assembly.

  • Do not relate to the main motion

  • They relate to the conduct of the meeting

  • Because of their very nature, in some cases may interrupt the speaker.

  • Incidental motions include:

    • Appeal from a decision of the chair

    • Suspend the rules

    • Consider informally

    • Point of order

    • Parliamentary inquiry

    • Withdrawal of a motion

    • Division of a question

    • Division of the assembly

    • Point of Information


Basic rules of precedence
Basic Rules of Precedence

  • When a motion is being considered, any motion of higher precedence may be proposed, but no motion of lower precedence may be proposed.

  • Motions are considered and voted on in reverse order of their proposal. The motion last proposed is considered and disposed of first.


Main motions1
Main Motions

  • The main motion can be proposed only when no other motion is before the assembly.

  • Substantive proposal to the assembly for consideration and action.


Rules governing the main motion
Rules Governing the main Motion

  • Cannot interrupt a speaker

  • Requires a second

  • Is debatable because it presents a substantive proposal for consideration

  • Can be amended

  • Requires a majority vote

  • Takes precedence over no other motions

  • Applies to no other motion

  • Can have applied to it all subsidiary motions, restorative main motions, and to withdraw


Subsidiary motions1
Subsidiary Motions

  • Motion To Amend

  • Amendment by

    • Addition (insertion)

    • Deletion (striking out)

    • Striking out and inserting

    • By substitution


Voting on amendments
Voting on Amendments

  • Amendments are voted on in the reverse order of their proposal.

  • Amendments are voted on first.

  • If the amendment is carried, then discussion is called for on the amended motion.

  • This is followed by a vote on the amended motion.


Driving while impaired by all substances lc11 04
Driving While Impaired by All SubstancesLC11-04

  • WHEREAS, persons impaired or intoxicated by any drug should not drive a motor vehicle and such drivers pose a risk to the public health, and

  • WHEREAS, under the current New York Vehicle and Traffic Law a driver cannot be charged as impaired or intoxicated unless he has ingested or consumed alcohol or a drug appearing on a list of substances in NY Public Health Law § 3306, thereby allowing drivers who use “designer” drugs or intoxicants not listed to be charged with a lesser crime, such as reckless driving. The New York state court of appeals, in their decision on the Litto case, indicated that this loophole needs to be corrected by the legislature, and

  • WHEREAS, legal punishments for driving while intoxicated or impaired, which often include suspension of the guilty party’s driver’s license and mandatory drug treatment, are significantly stronger than punishments for reckless driving, and

  • WHEREAS, the New York State Senate, on May 5, 2011, passed legislation in the form of Senate Bill S 600-A which addresses the above-expressed concerns by redefining the terms “impaired” and “intoxication” for purposes of the Vehicle and Traffic Law, and whereas identical language is presently before the New York State Assembly in the form of Assembly Bill A848-A* Weisenberg; therefore be it


Driving while impaired by all substances lc11 041
Driving While Impaired by All SubstancesLC11-04

  • RESOLVED, that the New York Chapter of the American College of Physicians (NYACP) supports the passage of A848-A*Weisenberg, redefining the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law, as printed below.


Driving while impaired by all substances lc11 042
Driving While Impaired by All Substances LC11-04

New York State Assembly 848-A

AN ACT to amend the vehicle and traffic law, in relation to the definitions of the terms "impaired" and "intoxication" for the purposes of such law - The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 119-b of the vehicle and traffic law is renumbered

119-c and a new section 119-b is added to read as follows:

§ 119-b. Impaired.

Impairment is reached when a driver has voluntarily consumed or ingested a substance or combination of substances to the extent that the driver has impaired, to any extent, the physical and mental abilities which a driver is expected to possess in order to operate a vehicle as a reasonable and prudent driver

§ 2. The vehicle and traffic law is amended by adding a new section 120-a to read as follows:

§ 120-a. Intoxication.

Intoxication is a greater degree of impairment which is reached when a driver has voluntarily consumed or ingested a substance or combination of substances to the extent that the driver is incapable of employing the physical and mental abilities which a driver is expected to possess in order to operate a vehicle as a reasonable and prudent driver.

§ 3. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 13 to read as follows:

It shall be an affirmative defense to a charge under any subdivision of this section that the operator neither knew nor had reason to know of the impairing nature of the substance or combination of substances consumed or ingested. Provided, however, that no defense shall be available if any such consumed or ingested substance is contained in section thirty-three hundred six of the public health law.

§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Supporting restrictions on tanning establishments
Supporting Restrictions on Tanning Establishments

  • WHEREAS, the United States Department of Health and Human Services has declared ultra-violet radiation from artificial sources such as tanning beds and tan lamps as a known carcinogen[1]; and

  • WHEREAS, a review of 7 studies found a statistically significant increase in the risk of melanoma in those who have been exposed to UV radiation from indoor tanning before the age of 35[2]; and

  • WHEREAS, a Swedish study presents strong evidence of exposure to UV radiation during indoor tanning increases the risk of melanoma[3]; therefore be it

  • [1] U.S. Department of Health and Human Services, Public Health Service, National Toxicology Program. Report on carcinogens, 11th ed: Exposure to sunlamps or sunbeds.

  • [2] The International Agency for Research on Cancer Working Group on artificial ultraviolet (UV) light and skin cancer "The association of use of sunbeds with cutaneous malignant melanoma and other skin cancers: A systematic review.” International Journal of Cancer. 2007 March 1;120:111-1122.

  • [3] Westerdahl J, Ingvar C, Masback A. Jonsson N, Olsson H. Risk of cutaneous malignant melanoma in relation to use of sunbeds: further evidence for UV-A carcinogenicity. Br J Cancer 2000;82:1593-9.


Supporting restrictions on tanning establishments1
Supporting Restrictions on Tanning Establishments

  • RESOLVED, that the Board of Regents supports restrictions that no minor should be permitted to use tanning devices; and be it further

  • RESOLVED, that the Board of Regents supports restrictions that a Surgeon General's warning should be placed publicly in all tanning establishments which states at the very least ultraviolet radiation can cause skin cancer; and be it further

  • RESOLVED, that the Board of Regents supports restrictions that no facility should advertise the use of any UV or UVB tanning device using wording such as “safe”, “safe tanning”, “no harmful rays”, “no adverse affect” or similar wording or concepts.


The basics of parliamentary procedure

Reference Committees

Purpose: small group appointed to listen to all the testimony around resolutions and turn comments into a report that recommends action on each resolution for vote by the body as a whole

  • Reference Committee Reports comprise the bulk of the official business of the Chapter. Reference Committees have wide latitude in their efforts to express the will of the majority on the matters before them. Volunteer for these committees and learn the process!

  • At the time the Committee Report is presented, each resolution that has been discussed will be presented with a recommendation for action.


The basics of parliamentary procedure

Step 1

Reference Committee Hearings

  • Resolutions are presented one at a time, individuals are asked to identify themselves and disclose any conflict of interest. They can comment, suggest changes or suggest action in support or against the resolution.

    Withdrawing a Resolution:

  • The sponsor of a resolution may withdraw it from consideration before it is considered by a Reference Committee. If a resolution is withdrawn, the Chairman of the Reference Committee will announce that it has been withdrawn and no action will be taken on the resolution.

    Limitation on Debate:

  • There shall be a 5-minute limitation on debate per presentation subject at the discretion of the Chair of the Reference Committee who may waive the rule for just cause.


The basics of parliamentary procedure

Step 2

Reference Committee Report Presented as a Consent Calendar

  • Following the hearings, the Reference Committee will meet to discuss information and positions presented, and will produce a report for action by the body. The recommendations of the Reference Committee shall be reported by Item Number and set in italics by category (e.g. Adopt, Not Adopt, Refer To Council, Substitute/Amend Resolution, etc.), and the text of the recommended Resolves shall be set in bold type.

  • If the committee’s recommendation is for reaffirmation of current Policy, the text of the policy must be included.

  • Reaffirmation resolutions are resolutions that would establish policies that are substantially identical to existing policies. The Committee determines which resolutions are placed on the reaffirmation consent calendar.


The basics of parliamentary procedure

Consent Calendar Process:

  • Reference Committee Reports will begin with the Consent Calendar which will list the Committees’ recommendations for the disposition of all matters as follows:

  • Recommended for Adoption

  • Recommended for Adoption as Amended or Substituted

  • Recommended for Referral to the Board (merit further discussion, not enough information, more background information needed) – for action or for report back time certain

  • Recommended Not For Adoption

  • Recommended for Re-Affirmation

  • Members will be asked to accept the Report as submitted by the Reference Committee, or if there are any matters that an individual wishes to extract, they request extraction by item number. Items extracted will then be debated in the usual manner. Items extracted from the Consent Calendar will be open for full discussion.

    Limitation on Debate:

  • There shall be a 5-minute limitation on debate per presentation subject at the discretion of the Chair of the Reference Committee who may waive the rule for just cause.


The basics of parliamentary procedure

ACTION ON RESOLUTIONS:

  • The Chair of the Reference Committee will advise that the Consent Calendar Reference is before it for acceptance and ask if there are any items a member wishes to extract.

    Extracted items will be discussed and definite action taken.

  • When an item extracted from the Consent Calendar contains a Reference Committee recommendation to amend by addition, deletion, alteration, or substitution, it will be recommended for ADOPTION AS AMENDED OR SUBSTITUTED.

  • It is then in order for members to use the Reference Committee version as amended as a means to recommend action different from the Reference Committee recommendation.

  • The matter before the Chapter for consideration is the recommendation of the Reference Committee of the substitute or consolidated version.

  • A motion to adopt this substitute is a main motion and is so treated. If the Reference Committee's version is not adopted, the entire group of proposals has been rejected.