The Florida Parliamentarian
Volume 35, Issue 7 April 2017
Professionalism FSAP ANNUAL MEETING --Learning, Sharing, Growing Call to Meeting The annual meeting of the Florida State Association of Parliamentarians will be held on May 5-7, 2017. All members are encouraged and invited to attend. Location: Homewood Suites Lake Mary, 755 Currency Circle, Lake Mary, FL 32746 Schedule: May 5: Registration, Board meeting, Reception May 6: Annual meeting and workshops, BBQ dinner May 7: Memorial service, FURP meeting and workshop.
The best way to get the most out of any group you belong to is to become an active participant. It seems to be true that the more you put into any activity or event, the more you get out of it. FSAP has a great event planned for you in the annual meeting May 5-7, 2017. Members and guests are welcome. You don’t want to miss this event! Schedule of Events May 5 Registration 3:00 pm Board Meeting 5:30 pm Meet and Greet 7:00 pm May 6
Inside this issue:
Annual Meeting 9:00 a.m.
Presidentially Speaking
2
Workshops 10:00 a.m.
Unit Lesson: Bylaws
3
Lunch at noon
Q&A
4
Workshops 1:00 p.m.
Vote of No Confidence
5
Barbecue Dinner 6:00 p.m.
Workshops Nominating Committee Report
6
Bylaws Committee Report Directory Update
7
Notice of Amendments
8-10
Registration Forms
11-12
May 7 Memorial Service 9:00 a.m. FURP Meeting and Workshop 9:30 a.m. Educational opportunities. No matter how experienced you are in parliamentary procedure, you can still learn more. You will have the
opportunity to encounter a variety of points of view and pick up new insights that just might be the answer you are looking for. Network with peers. FSAP meetings provide a great opportunity to meet other parliamentarians. They can become valuable resources for referrals and bestpractices. Parliamentarians usually love to help each other, especially to uncover ideas and spark inspiration when they get to know each other on a personal level. Stock up on books and supplies. Discover all the latest books and supplies you can use to help your group and yourself continue to grow and boost your expertise. Earn certification points. You will earn recertification points to retain your RP or PRP designations by attending the workshops. Register today and make your hotel reservations by using the forms in this newsletter or going online to www.flparliamentarian.com See you in Lake Mary!
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The Florida Parliamentarian
Presidentially Speaking... Parliamentarians do more than simply provide answers to parliamentary questions. To the organizations and members we serve, we perform a much greater role.
President Tim Wynn, PRP
In practice, a parliamentarian is tasked with providing solutions to problems. When a member of an organization asks whether a motion from the last session can be reconsidered, it is not enough for a parliamentarian to merely state that the time for the making of the motion to reconsider has expired. The parliamentarian must dig deeper to find the problem and its solution.
The parliamentarian must understand that the member may not be aware of all the parliamentary options available. If the member is referring to a motion that was lost at the last session, the motion may be renewed at any subsequent session. If the motion was adopted and still in effect, it is subject to the motion to rescind or amend something previously adopted, in which case the vote requirement can be altered by giving notice. If the motion was an adopted bylaw amendment, it will require another bylaw amendment to change it. In this situation, we see that by digging deeper into the question, the parliamentarian is able to find both a clearer understanding of the problem and a workable solution. Once in a meeting, I was asked whether an amendment could be made to a motion that was just adopted. Instead of simply It is the duty of the answering that the adopted motion could be amended parliamentarian to by the motion to amend something previously adopted, I explained that a member who voted on the prevailing anticipate side could move to reconsider the motion, which would parliamentary open it up to amendment by majority vote. Had I only situations. answered that the motion to amend something previously adopted was in order, the assembly would have debated the amendment only to find that a two-thirds vote is required to adopt the amendment. Using the motion to reconsider would have lowered the voting threshold. It is the duty of the parliamentarian to anticipate these parliamentary situations and keep the assembly informed of its options. So, before answering, remember to take a moment to think of the true underlying question, and see if you can find the best solution. Those you serve will thank you for it. Best regards, Tim Wynn, PRP
Volume 35, Issue 7
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UNIT LESSON: BYLAWS What is the name for the laws adopted by a society for its own governance? Why, the bylaws, of course! In parliamentary law, Henry M. Robert wrote, “The by-laws of a society comprise all its rules, except those related to the transaction of business, that are of such importance that they should not be changed except after suitable notice to the members, and then by a vote larger than a majority of those voting.” That statement is as true today as when it was first published in 1923! Read RONR, pages 570-588 and work individually, in teams, or in groups on the following questions: 1. List the nine basic articles of bylaws. (Use a mnemonic like NOMOMECPA [“No, Mommy, see Pa”] to help you remember them.) 2. In which basic article of the bylaws would you expect to find the following information? Make a bylaws checklist of where to find each item. Amendment of bylaws, annual meeting, classes of membership, committees, composition of the board, dues, duties of officers, duties of standing committees, ex-officio membership, executive board, forfeiture of membership, meetings, members, method of electing officers, method of filling vacancies, name of the organization, nominating committee, object or purpose, officers, parliamentary authority, powers of the board, qualifications for membership, qualifications for officers, quorum for the board, quorum for meetings, regular meeting day, resignation, special committees, special meetings, standing committee names. 3. Practice writing bylaws for the Sea Turtles Preservation Society. You can do this individually or in teams. Use the information below with your checklist: Members: Classes of membership - Regular and Affiliate. Eligibility - anyone interested in preserving and protecting sea turtles, up to a maximum of 200. Dues -$25 per year payable on or before June 1. Forfeiture date - July 1. Initiation fee - $100. Honorary membership - 3/4 vote by ballot. Honorary member rights - to make motions, debate and vote, but not to hold office. Officers: Required - President, First Vice-President, Second Vice-President, Secretary, and Treasurer. Qualifications - member in good standing for two years prior to election. Election - at the annual meeting by ballot vote. Term - two years. Take office - at conclusion of annual meeting. Nominations - committee of three elected at April meeting. Eligibility - one term, except two terms for Treasurer. Vacancy - office of President, filled by First Vice-President, all others filled by the board. Meetings: Regular meetings - fourth Wednesday of each month, except November when it is the third Wednesday. Annual meeting - May. Special meeting - called by President or by request of ten members. Quorum - 20 members. Committees: Standing committees - Bylaws, education, finance. Composition - Chairman and four members each, appointed by the President. Special committees - members to be elected by the membership with committee members electing the chairman. Ex-officio - President for all committees except nominating, treasurer for finance committee. Answers: Questions 1 and 2: RONR p. 570-583 Question 3: RONR p. 583-588
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The Florida Parliamentarian
All page numbers are references to Robert’s Rules of Order Newly Revised, 11th ed., unless otherwise noted. Send questions to the Associate Editor, Gene Bierbaum, PhD, PRP. E-mail: ebierbaum@juno.com
Question #21 A motion to fix the time of an adjourned meeting was made and seconded, and the chairman permitted discussion of the motion. Was this proper? Answer #21 Yes, if no other question was pending. The motion to fix the time of an adjourned meeting is an undebatable privileged motion only when it is made while a question is pending. (Page 242, Lines 32-33) Question #22 Following the adoption of a motion to set the time of an adjourned meeting at 9 a.m. tomorrow, the chairman declared the meeting adjourned. Was this proper? Answer #22 No. The adoption of a motion to fix the time of an adjourned meeting has no effect on when the present meeting will adjourn. (Page 242, Lines 2024)
Question #23 A member moved to adjourn at the conclusion of the first business meeting of a threeday convention. Shouldn’t this have been a motion to recess? Answer #23 No. The motion to adjourn is properly used to close any business meeting, regardless of how many meetings may be held within the session. The motion to recess signifies a short intermission in the assembly’s proceedings which does not close the meeting. (Page 230, Lines 20-23; Page 233, Line 9) Question #24 A motion to adjourn was moved and seconded while no business was pending, and the chairman refused to allow discussion of the motion. Since no other business was pending, shouldn’t the chair have allowed discussion? Answer #24 No. The unqualified motion to adjourn is not debatable even when made while no question is pending.
Question #25 A motion to adjourn was moved and seconded at the conclusion of a three-day convention, and the chairman permitted discussion of the motion. Was this proper? Answer #25 Yes, if adoption of the motion would dissolve the assembly with no provision for another meeting of the same session. The motion to adjourn is a debatable main motion when it is qualified, when a time for adjourning has already been established, or when its adoption would dissolve the assembly with no provision for another meeting. (Page 234, Lines 12-21) Question #26 While a motion to raise our annual dues to $100 and an amendment to strike out $100 and insert $80 were pending, a member moved to postpone the main motion and the amendment indefinitely. The chairman ruled the amendment out of order. Was the chair’s ruling correct?
Volume 35, Issue 7
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continued
VOTE OF NO CONFIDENCE
Answer #26 Yes. The motion to postpone indefinitely is in order only while a main question is immediately pending. (Pages 126-127) When ruling the motion out of order, the chairman could point out that the motion would be in order after the pending amendment has been voted on.
A vote of no confidence is a statement or vote that a person or persons in a position of responsibility (government, managerial, etc.) is no longer deemed fit to hold that position.
Question #27 While a main motion, a motion to postpone indefinitely, and an amendment to the main motion are pending, a motion to refer the main motion to the finance committee is adopted. The secretary records in the minutes that the main motion and the pending amendment were referred to the finance committee, but fails to mention the motion to postpone indefinitely. Was this entry into the minutes correct?
The term “vote of no confidence” is not used or defined anywhere in Roberts Rules of Order Newly Revised 11th ed., and there is no mention of any motion for such a vote. However this does not mean that an assembly cannot adopt a motion, if it wishes, expressing either its confidence or lack of confidence in any of its officers or subordinate boards or committees. Any such motion would simply be a main motion, and would have no effect other than to express the assembly’s views concerning the matter. A vote of “no confidence” does not—as it would in the British Parliament—remove an officer from office (http:// www.robertsrules.com/faq.html#7).
Answer #27 Yes. It was correct to report that the main motion and the pending amendment were referred to the finance committee. The motion for indefinite postponement should be dropped from further consideration. (Page 177, Lines 2-5)
The idea of a vote of no confidence arose in the British Parliament in 1782, in response to the British surrender to the Americans at Yorktown. The vote has come to express the loss of support by a group whose cooperation is necessary for a leader’s exercise of duties. The vote of no confidence can be taken by any group who believe their leadership is failing to perform with no expectation of improvement.
A motion to censure is different from a no-confidence motion. Depending on the constitution of the body concerned, "no confidence" may lead to compulsory resignation a leader, while "censure" is meant to show disapproval and does not result in resignations. While parliamentary procedure covers most situations, it also allows organizations flexibility in the area of customizing their own rules. An organization could make a main motion to express confidence or lack of confidence in a director, member, or some other leader. This motion could include the requirement that the person step down from a leadership position in the event of a successful vote of no confidence depending on who has the right to remove an individual from an office.
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FSAP WORKSHOPS The FSAP Annual Meeting promises to be exciting and full of surprises as President Tim Wynn, PRP, will be incorporating a "games" theme into the presentations. We are always entertained by Tim's outstanding presentations and the meeting on May 6th promises to excel all others. Dorothy Demarest, PRP, also has a "few tricks up her sleeve" as she will challenge us with one of her always popular and well-received presentations.
The Florida Parliamentarian
NOMINATING COMMITTEE REPORT The election of officers for the 2017-2019 term of office will take place at the annual meeting on May 6, 2017. The nominating committee composed of Ron Guiberson, Chairman, Karen Price, Linda Laurendeau, and Jacquelyn Pierce, RP, reported at the Fall Meeting the following nominees for FSAP office: President: Eugene Bierbaum, PRP First Vice-President: Helen Popovich, PRP Second Vice-President: Jacquelyn Pierce, RP Secretary: Sarah Russell Treasurer: Karen Price After the nominating committee reports, the floor will be open for nominations from the floor. Installation of the newly elected officers will take place at this meeting and they will assume their offices at the close of the annual meeting.
The Florida Parliamentarian is the official publication of the Florida State Association of Parliamentarians and is published four times a year; February, April, September, December. Subscription rate: $20 per year. Š 2015 Florida State Association of Parliamentarians. All rights reserved. Tim Wynn, PRP, Editor-in Chief (386) 228-2242 E-mail: Tim@PerfectRules.com Ann Guiberson, PRP, Editor (727) 641-6308 E-mail: aguiberson@gmail.com Dr. Eugene Bierbaum, PRP, Associate Editor (352) 333-2442 Email: ebierbaum@juno.com Carol Austin, PRP, Circulation Manager (813) 833-4747 Email: carolaustinprp@cs.com
DEADLINES FOR COPY February issue Dec 31 April issue Mar. 1 September issue July 31 December issue Oct 31 SEND ADDRESS CORRECTIONS TO: Carol Austin 1515 Pinellas Bayway S, A13 St. Petersburg, FL 33715 FSAP WEBSITE http://www.flparliamentarian.com
Volume 35, Issue 7
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REPORT OF THE FSAP BYLAWS COMMITTEE The bylaws committee consisted of Dr. Helen Popovich, PRP; Linda Laurendeau; President Tim Wynn, PRP, ex officio; and Dorothy Demarest, PRP as chairman. The work of the committee was transacted via email. The chairman did the initial review of the bylaws and standing rules before leaving for business in New York and submitted her recommendations to the committee. The chairman requested that the committee review her recommendations, make changes as they saw fit and format the amendments in her absence. Helen and Linda worked long and hard on their own recommendations and submitted them to the chairman on her return. Some of the chairman’s initial amendments were accepted as proposed, some were rejected, and some others were offered with new wording by each of those two members of the committee. Votes were cast and those receiving a majority are hereby submitted on pages 8-10 of this newsletter. Dorothy Demarest, PRP Chairman
Editor’s Note: Please bring these proposed amendments with you to the FSAP annual meeting. The current bylaws may be downloaded from the FSAP website at www.flparliamentarian.com from the link on the “About FSAP” page. The amendments will be presented at the annual meeting on May 6.
WELCOME NEW MEMBERS AND DIRECTORY UPDATE Welcome New Members: Theodore Allman, (219) 398-8130 tedallman@gmail.com 5150 Boggy Creek Road, Lot R17 Saint Cloud FL 34771 MAL Anthony Winton,(305) 912-5235 twinton@key-content.net 121 Crandon Blvd., Apt. 452 Key Biscayne FL 33149 South Dade Parliamentary Law Unit
FSAP Is Sad to Report Deceased Member Eugene Coy, PRP, Past President of FSAP and Charlotte County Unit of Parliamentarians
REMINDER: Help keep the FSAP database correct and up to date. Send address, phone number, email changes to Carol Austin at carolaustinprp@cs.com.
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The Florida Parliamentarian
NOTICE OF PROPOSED BYLAW AND STANDING RULES AMENDMENTS 1. To amend Article IV. 1. A by inserting “as stated in the Standing Rules” after “shall be” and striking “1. Primary $25.00, 2. Members-at-large $25.00, 3. Affiliate $25.00, 4. Provisional $25.00.” Current wording Proposed wording Article IV. 1. Annual Dues Article IV. 1. Annual Dues A. Annual per capita dues shall be: A. Annual per capita dues shall be as stated in 1. Primary $25.00 the Standing Rules. 2. Members-at-large $25.00 3. Affiliate $25.00 4. Provisional $25.00 Conforming amendment: To amend the FSAP Standing Rules by inserting a new section “Annual Dues” between “General Rules” and “State Meetings.” Current wording
Proposed wording ANNUAL DUES Annual per capita dues shall be: 1. Primary $25.00 2. Members-at-large $25.00 3. Affiliate $25.00 4. Provisional $25.00 Rationale: This amendment would make FSAP bylaws consistent with the NAP bylaws in allowing per capita dues to be changed by majority vote. Proposed by: FSAP Bylaws Committee 2. To amend The first sentence of Article VI. 4. A by striking “or as” and inserting “and those” and by adding “or the executive board.” Current wording Proposed wording Article VI. 4. Duties of Officers Article VI. 4. Duties of Officers All officers shall perform the duties prescribed in All officers shall perform the duties prescribed in the adopted parliamentary authority in addition the adopted parliamentary authority in addition to those specified in the bylaws and standing to those specified in the bylaws and standing rules of FSAP or as assigned by the president. rules of FSAP and those assigned by the president or the executive board.” Rationale: Because the current bylaws list specific duties of the officers, the officers are prohibited from performing any other duties that the executive board decides are necessary to carry out the work of the association between its annual meetings. This amendment would remove that prohibition. Proposed by: FSAP Bylaws Committee
Volume 35, Issue 7
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3. To amend Article VI. 4. A. 2 by inserting “registered or professional registered” before “parliamentarian.” “ Current wording Proposed wording Article VI.4.A. The president shall: 2. appoint a corresponding secretary and a parlia- 2. appoint a corresponding secretary and a regismentarian; tered or professional registered parliamentarian; Rationale: Credentialed parliamentarians, who have demonstrated that they have the knowledge necessary to perform the duties associated with this position, will best serve the association. Proposed by: FSAP Bylaws Committee 4. To amend Article VIII. 2. A by adding, “11. perform any task(s) required to meet the object of the corporation as stated in ARTICLE II - OBJECT.” Current wording Proposed wording Article VIII. 2. A. The executive board shall: Article VIII. 2. A. The executive board shall: 11. perform any task(s) required to meet the object of the corporation as stated in ARTICLE II - OBJECT. Rationale: Because the current bylaws list specific duties of the executive board, it is prohibited from performing any other duties. This prohibition ties officers’ hands and may prevent them from acting quickly. The amendment would remove that prohibition. Proposed by: FSAP Bylaws Committee 5. To amend Article IX. 2. C. 2 by adding, “ and shall properly format and offer proposed amendments submitted to it by association officers, boards, committees, or members.” Current wording Proposed wording Article IX. 2. C. The bylaws committee Article IX. 2. C. The bylaws committee 2. may offer amendments to these bylaws 2. may offer amendments to these bylaws according to established procedure; according to established procedure and shall properly format and offer proposed amendments submitted to it by association officers, boards, committees or members. Rationale: The current wording does not state explicitly that the committee is responsible for offering all proposed amendments submitted to it. This amendment clarifies that responsibility. Proposed by: FSAP Bylaws Committee
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The Florida Parliamentarian
NOTICE OF PROPOSED BYLAW AND STANDING RULES AMENDMENTS
6. To amend the FSAP Standing Rules by adding, by adding, “12. The time and place of the FSAP fall meeting shall be announced in the April issue of The Florida Parliamentarian; the time and place of the FSAP spring meeting shall be announced in the December issue of The Florida Parliamentarian.” Current wording FSAP Standing Rules
Proposed wording FSAP Standing Rules 12. The time and place of the FSAP fall meeting shall be announced in the April issue of The Florida Parliamentarian; the time and place of the FSAP spring meeting shall be announced in the December issue of The Florida Parliamentarian
Rationale: Members have complained that they are unable to attend FSAP meetings because they already have heavily booked schedules by the time the dates and locations of the meetings are announced. This amendment will ensure that members have more time to schedule their other obligations in a way that does not conflict with FSAP meetings. Proposed by: FSAP Bylaws Committee
7. To amend the FSAP Standing Rules by adding to General Rules, “13”. The name of the maker of a motion shall be omitted from the minutes of all meetings.” Current wording FSAP Standing Rules
Proposed wording FSAP Standing Rules
General Rules
General Rules 13. The name of the maker of a motion shall be omitted from the minutes of all meetings.
Rationale: Once a motion is made, seconded, and stated by the chair, the motion belongs to the assembly, not the maker. The assembly may move to amend the motion to the opposite intention of the maker, and yet the maker’s name is recorded in accordance with RONR. In this litigious society this is an unfair risk. This amendment would eliminate that risk, while still enabling the minutes to record the actions of the assembly. Proposed by: FSAP Bylaws Committee
Volume 35, Issue 7
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ANNUAL MEETING REGISTRATION FORM FLORIDA STATE ASSOCIATION OF PARLIAMENTARIANS 64th ANNUAL MEETING Homewood Suites, Lake Mary 755 Currency Circle Lake Mary, Florida 32746 May 5-7, 2017 NAME__________________________________________________________________________________ ADDRESS_______________________________________________________________________________ (Street)
(City)
(State)
(Zip)
PHONE________________ CELL______________ EMAIL_______________________________________ UNIT______ MAL_______ MEMBER _______ GUEST _______ FSAP Office/Chairmanship Held____________________________________________________________ Unit Office/Chairmanship Held ____________________________________________________________ NAP/District III Office/Chairmanship Held___________________________________________________
REGISTRATION FEE: Includes lunch and BBQ dinner
$69
________
YOUTH REGISTRATION FEE: Includes lunch and BBQ dinner
$35
___________
GUEST LUNCH ONLY:
$15
________
GUEST LUNCH AND DINNER:
$25
________
TOTAL ENCLOSED:
$ ________
Special Dietary Needs _________________________________________________________________ Payment: Make check payable to FSAP and mail to: Kay Stephens, 2946 Golden View Lane, Orlando, FL 32812-5984 Email: stephensmk@bellsouth.net Telephone: 407-658-9779 Advance Registration Deadline: April 22, 2016
Page 12 The Florida Parliamentarian
Homewood Suites, Lake Mary 755 Currency Cir, Lake Mary, FL 32746 Ph: 407-805-9111 May 5-7, 2017 HOTEL RESERVATION FORM (Telephone, Mail or Email directly to hotel. Please print)
NAME______________________________________________________________________________ ADDRESS___________________________________________________________________________ (Street) (City) (State) (Zip) PHONE _______________ CELL _______________ EMAIL_________________________________ ARRIVAL DATE______________________
DEPARTURE DATE ___________________________
ROOM RATE: 99.00 per night plus applicable state and local taxes. (Includes breakfast) Non-Smoking ______ King _____ Double beds ______ Accessible ______ GUARANTEE: Submit one night’s deposit or fill out the following information: American Express Credit Card #
Diners
Discover
Master Card
Visa
Expiration Date: Signature: Deadline for room rate guarantee: April 22, 2017 Group Code: FAP To reserve room online go to: http://bit.ly/FSAPMay2017