Roberts Rules of Order in Decision-Making Processes
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What About Bob?? – Again??
Presented By: William S. Donio, Esq.
Cooper Levenson, P.A.
Cooper Levenson, P.A.
Today’s Agenda!
•
Introduction on Robert’s Rules
•
Motions
•
Voting
•
Process
•
Case Law
Cooper Levenson, P.A.
What are Roberts Rules?
•
Robert’s Rules of Order (“Robert’s Rules” or
“RONR”)
•
Originally published in 1876, now in its 11
th
Edition
•
Written by U.S. Army General Henry Martyn
Robert
•
Present Day Codification of Parliamentary
Procedure
•
Helps to
maintain order
and
ensure fairness
in
decision making process
Cooper Levenson, P.A.
Who uses Robert’s Rules
Non-legislative governing
bodies at the local level:
•
School Boards
•
City Council
Organizations:
•
Fraternal organizations
•
Golf & country clubs
•
Homeowner associations
•
Nonprofit associations
•
Professional societies
•
Scientific organizations
•
Service organizations
•
Sports leagues
•
Student governments
•
Teacher associations
•
Unions
Cooper Levenson, P.A.
Basic Principles
•
Someone must
facilitate
•
All members have the
right to bring up
ideas
•
Members should come to an
agreement
about the course of action
•
Majority rules, but the minority has a
right to speak and vote
•
Address
one
item at a time
Cooper Levenson, P.A.
Motions
Cooper Levenson, P.A.
Motions
•
Formal proposal of action Board
should take;
•
Make motion before discussing
merits (person who makes motion may
discuss it first);
•
Motion contains :
- Who, What, When
Cooper Levenson, P.A.
How are Motions
Presented?
1.
Obtaining the floor
a. Wait until the last speaker has finished.
b. Rise and address the President by saying, "Mr./Ms.
President."
c. Wait until the President recognizes you.
2.
Make Your Motion
a. Speak in a clear and concise manner.
b. Should state a motion affirmatively. Say, "I move that we
..." rather than, "I move that we do not ...".
c. Avoid personalities and stay on your subject.
3.
Wait for Someone to Second Your Motion
Cooper Levenson, P.A.
How are Motions
Presented? (con’t.)
4. Another member will second your motion or the President will call
for a second.
5. …If there is no second to your motion it is lost.
6.
The Chairman States Your Motion
a. The Chairman will say, "it has been moved and seconded
that we ..." Thus placing your motion before the membership
for consideration and action.
b. The membership then either debates your motion, or may
move directly to a vote.
c. Once your motion is presented to the membership by the
chairman it becomes "assembly property", and cannot be
changed by you generally without the consent of the
members.
Cooper Levenson, P.A.
How are Motions
Presented? (con’t.)
7.
Expanding on Your Motion
a. The time for you to speak in favor of your motion is at this
point in time, rather than at the time you present it.
b. The mover should be allowed to speak first.
c. All comments and debate must be directed to the
President.
d. Keep to the time limit for speaking that has been
established.
e. The mover may speak again only after other speakers are
finished, unless called upon by the President.
8.
Putting the Question to the Membership
a. The President asks, "Are you ready to vote on the
question?"
b. If there is no more discussion, a vote is taken.
c. On a motion to move the previous question may be adapted.
Cooper Levenson, P.A.
Motion Basics
•
If you make a motion you are
required to vote in the affirmative on
that motion.
•
- Not Second
•
Once a motion is voted down you
cannot just re-vote.
•
Timing is Everything!
–
- Exceptions
Cooper Levenson, P.A.
Types of Motions
•
Main Motions –
Used to introduce new ideas at a meeting.
“Madam President, I move that…”
“Mr. Chair, I move to…”
•
Subsidiary Motions-
Amend Motion (change, add, or omit)
Postpone
Refer to a Committee
Limit or extend Debate
Cooper Levenson, P.A.
Types of Motions (con’t.)
•
Privileged Motions
–
Adjourn , Recess
•
Requires a 2
nd.
•
Majority vote.
–
Raise a question of privilege
•
Allows such things as to request changes to room
temperature, clarification of ideas...anything to help
the meeting run smoothly.
•
“Madam President, I raise a question of privilege…”
•
Chair’s decision
, requires no vote.
•
Majority overrule.
Cooper Levenson, P.A.
Types of Motions (con’t.)
•
Incidental Motions
-
Appeal
Reverse erroneous decision of chair
Requires a second
Not amendable
Debatable
Majority
Use sparingly
-
Division of a Question
Split a motion into 2 questions
Cooper Levenson, P.A.
Board Bylaws and Policy
•
They l
ikely states something such as:
Roberts' Rules of Order, Newly Revised, shall govern the
Board of Education [Your Board] in its deliberations and acts in
all cases in which it is not inconsistent with statutes of the
State of New Jersey, rules of the State Board of Education,
or these bylaws….
•
Check them out!
•
How important are they???
Cooper Levenson, P.A.
Can the Board Change its
Mind?
Yes,
it can be done:
-Rescind
-Renew
-Up or Down Vote
Cooper Levenson, P.A.
Motion to Rescind
•
§
35 of
Robert’s
Rules
•
P
rovides that a motion to rescind is a motion by which a
previous action or order
can be canceled or countermanded.
•
“The effect of
Rescind
is to strike out an entire main
motion, resolution, order, or rule that has been adopted at
some previous time.”
RONR
, (11
th
ed.), p. 305.
•
T
akes precedence
over nothing
and can therefore be moved
only when no mother motion is pending.
•
Yields to subsidiary, privileged, and incidental motions.
•
Cooper Levenson, P.A.
Motion to Renew
Robert’s Rules provides that a Motion previously
considered may be brought before a public body
again
if it is substantially different
.
RONR
, (11
th
ed.), p. 336, 10-15.
A previously considered motion may become
a
substantially different question
through a
significant change in the wording or
because of a
difference in the time or circumstances in which
it is proposed
.
Id.
at 12-15.
Cooper Levenson, P.A.
Motion to Amend
The motion to amend something previously
adopted:
•
Can be applied to any main motion previously
adopted
(provided none of the action involved
has been carried out in a way which it is too late
to undo);
•
Must be seconded; is debatable and amendable;
and
•
Can be moved by any member
regardless of how
he voted on the original
question.
•
Friendly Amendment
Cooper Levenson, P.A.
Motion to Reconsider
•
A Motion to Reconsider allows a public body to consider
again a motion
on which a vote has been previously taken
.
•
Purpose
“…is to permit correction of hasty, ill-advised, or
erroneous action, or to take into account added information
or a changed situation that has developed since the taking
of the vote.”
RONR
, (11
th
ed.), p. 315, 20.
•
R
equires a majority vote, regardless of the vote necessary
to adopt the motion reconsidered.
Cooper Levenson, P.A.
Motion to Reconsider
•
Cannot be reconsidered.
•
No motion may be reconsidered more than
once
unless amended
during the previous
reconsideration.
Cooper Levenson, P.A.
Motion to Reconsider
•
Takes precedence over any other motion (even if
another motion is pending or the group has voted
to adjourn but the chair has not yet declared the
meeting adjourned);
•
Must be seconded by any member; is debatable
but NOT amendable; and
•
Must be made
by a person who voted with the
prevailing side.
Cooper Levenson, P.A.
Voting
and
Related Issues
Number of Votes Required
“Supermajority” Votes Established by the
Legislature
•
Majority of the full/authorized membership
of the board
•
Two-thirds of the full/authorized membership
of the board
•
Three-quarters of the members present
Number of Votes Required
Supermajority Votes?
Board may not require supermajority vote
unless statute specifically provides;
thwarts the will of the majority to require
a greater vote than required by statute.
Matawan Teachers Assn v. Bd of Ed.
223
N.J.
Super.
504 (App Div. 1988)
Matawan Regional Teachers Association
v. Matawan-Aberdeen Regional School
District Board of Education
(con’t.)
•
Administrative Law Judge (“ALJ”) summarily dismissed the claim
that the bylaws barred adoption of the plan. The Commissioner of
Education and the State Board of Education affirmed the ALJ's
summary dismissal.
•
On appeal,
the issue was whether a local school board may lawfully
adopt a plan
, which includes the closing and sale of a school
building,
by a majority vote of its full membership
after
consideration at a single public meeting
even though its bylaws
require adoption by a 2/3 vote of its full membership after
consideration at two public meetings.
Cooper Levenson, P.A.
Matawan Regional Teachers Association
v. Matawan-Aberdeen Regional School
District Board of Education (con’t.)
HELD:
The board
is not bound by the bylaw
that limits the authority of the majority
,
but is
bound by the bylaw
that requires two
public meetings for adoption of the plan
.
Cooper Levenson, P.A.
Matawan
Court’s
Reasoning…
Supermajority Requirement
-
Preempted
•
The Legislature gave power to boards of education to
adopt/effectuate their own by-laws/policies.
N.J.S.A.
18A:20-5
Thus it preempted a local board's authority to strike the balance
between requiring a broad consensus for action and the attendant
risk of inaction. So the Board may not require a supermajority vote
of the Board
on any issue unless a statute specifically provides
for
same.
Two Public Hearings Requirement-
Public Policy
Supports it
•
Purpose is to assure that those having that responsibility and
authority act only upon due deliberation after notice to the public
and interested third parties. Public Policy.
Cooper Levenson, P.A.
Matawan Regional Teachers
Association v. Matawan-Aberdeen
Regional School District Board of
Education
223
N.J. Super.
504 (
App. Div.
1988)
•
Dispute arose when the nine (9) members of the Matawan-
Aberdeen Regional School District Board of Education voted 5 to 4
to reorganize the school district by adopting "Plan C" (the plan).
Plan C was the closing and sale of a school and an administration
building.
•
Union representing board employees, and 92 resident-taxpayers
of the district alleged that Board’s bylaws barred the adoption of
the plan:
-
“No policy shall be adopted by the Board until it has
received a 2/3 vote of the full Board at two public
meetings.”
-“Bylaws shall be adopted, amended or repealed by a 2/3 vote
of the full Board.”
•
Cooper Levenson, P.A.
Actions Require: A recorded roll call vote and an affirmative
vote of a majority of the full membership of the board
.
1.
Directing the Board Secretary to make deductions for United States government
bonds from salaries of participating employees (N.J.S.A. 18A:16-8).
2. Appointing and fixing the salary and term of a Board Secretary (N.J.S.A. 18A:17-5).
3. Appointing and fixing the salary and term of an Assistant or Acting Board Secretary
(N.J.S.A. 18A:17-13).
4. Appointing and fixing the term of a Superintendent of Schools (N.J.S.A. 18A:17-15).
5. Appointing or removing an Assistant Superintendent of Schools (N.J.S.A. 18A:17-16).
6. Appointing and fixing the term of an Administrative Principal (N.J.S.A. 18A:17-20.5).
7. Appointing and fixing the term of a shared Superintendent or a shared School Business
Administrator (N.J.S.A. 18A:17-24.3). (Please note that this particular statute only
requires a “majority of the membership.”
Cooper Levenson, P.A.
Actions Require: A recorded roll call vote and an affirmative
vote
of a majority of the full membership of the board
.
8. Appointing or removing and fixing the salary of a Business Manager in a Type I school
district (N.J.S.A. 18A:17-25).
9. Appointing an executive superintendent in districts in cities of the first class with a
population over 325,000 (N.J.S.A. 18A:17A-1).
10. Disposing of lands owned by the board, or rights or interests therein (N.J.S.A.
18A:20-5).
11. Exchanging lands owned by the board (N.J.S.A. 18A:20-8).
12. Adopting a budget in Type II districts having a Board of School Estimate (N.J.S.A.
18A:22-26).
13. Fixing and determining the amount of money to be voted upon by the voters of the
district at or after the public hearing on the school budget for Type II districts without
a Board of School Estimate (N.J.S.A. 18A:22-32).
Actions Require: A recorded roll call vote and an affirmative
vote
of a majority of the full membership of the board
.
14. Adopting the question(s) to be submitted to the voters concerning any capital
project(s) to be paid for from the proceeds of an issue of bonds in Type II districts
without a Board of School Estimate (N.J.S.A. 18A:22-39).
15. Adopting a proposal for the issuance of school bonds by Type II districts having a
Board of School Estimate (N.J.S.A. 18A:24-l0b).
16. Transferring a teaching staff member (N.J.S.A. 18A:25-1).
17. Restoring or removing an Assistant Superintendent, principal or teacher, following
suspension by the Superintendent of Schools (N.J.S.A. 18A:25-6). (Please note that this
particular statute only requires a “majority of the membership.”
18. Appointing a teaching staff member (N.J.S.A. 18A:27-1).
19. Appointing, transferring, removing or renewing the employment contract of a
certificated or non-certificated officer or employee (N.J.S.A. 18A:27-4.1).
20. Withholding, for inefficiency or other good cause, a prescribed employment or
adjustment increment (N.J.S.A. 18A:29-14).
21. Adopting or altering a course of study (N.J.S.A. 18A:33-1) and Selecting textbooks
(N.J.S.A. 18A:34-1).
Actions Require: A recorded roll call vote and an affirmative
vote
of a majority of the full membership of the board
.
23. Applying for membership in an already established county educational audiovisual aids
center (N.J.S.A. 18A:51-11)
24. Applying to the county superintendent to investigate the advisability of withdrawing
from a regional district (N.J.A.C. 6A:32-11.1). (Note that in this case, the roll call majority
vote is required by administrative code provision. This is not a statutory requirement.)
25. Submitting, for county superintendent review, the content of separate questions to be
submitted to the voters that propose programs in addition to the core curriculum context
standards that may be in excess of its adjusted spending growth limitation (N.J.A.C.
6A:23-8.5(b)). (Note that in this case, the roll call majority vote is required by
administrative code provision. This is not a statutory requirement.)
Actions require:
A recorded roll call vote
and must
pass by an affirmative vote
of two-thirds of the full
membership of the board.
1. Determining the necessity to sell bonds to raise money for a
capital project by a Type II district with a Board of School
Estimate (N.J.S.A. 18A:22-27).
2. Permitting the private sale of certain bonds if no legally
acceptable bid is received by a Type II district (N.J.S.A.
18A:24-45(c)).
Cooper Levenson, P.A.
Actions Require: Affirmative vote of the
majority
of the
full membership of the board. They do not require a roll
call vote.
1.
Determining the sufficiency of charges to dismiss or reduce the salary of a tenured
employee. (
N.J.S.A.
18A:6-11).
2. Filling of vacancies on elected boards of education (“majority vote of the remaining
members”) (
N.J.S.A.
18A:12-15).
3. Removing from office a president or vice president of a board for failure to perform a
duty imposed upon him by law (
N.J.S.A
. 18A:15-2). (“majority vote of all of the members”)
4. Appointing, fixing the salary and defining the duties of a school business administrator
or appointing a shared business administrator between two or more districts. (
N.J.S.A.
18A:17-14.1). (“majority vote of all of the members”)
5. Disqualifying a bidder who would otherwise be determined to be the lowest responsible
bidder due to prior negative experience (
N.J.S.A.
18A:18A-4). (“majority of the board of
education”)
6. Authorizing of purchase of securities (
N.J.S.A.
18A:20-37). (“majority vote of all of its
members”)
7. Authorizing of sale of securities (
N.J.S.A.
18A:20-39). (“majority vote of all of its
members”)
Actions Require: Affirmative vote of the
majority
of the
full membership of the board. They do not require a roll
call vote.
8. Adopting a proposal for the issuance of school bonds in Type II districts without a
Board of School Estimate (including regional districts) (
N.J.S.A.
18A:24-10c).
9. Admitting pupils, who have never attended public or private school, after October 1
following the opening of school for the full term (
N.J.S.A
. 18A:38-6). (“majority vote of
all of the members”)
10. Deciding to establish, with other school districts of the county, a county educational
audio-visual aids center (
N.J.S.A
. 18A: 51-1).
11. Employee travel, with prior CSA approval (“majority of full voting membership”)
(
N.J.S.A.
18A:11-12(f))
12. Board Member travel (“majority of full voting membership”) (
N.J.S.A.
18A:11-12(g)
13. In a school district with a board of school estimate, approval of additional tax levy
(
N.J.S.A.
18A:7F-39)(“majority of those board members who are present”)
14. Authorizing the lease, lease-purchase or purchase and assignment of district vehicles
for the conduct of official district business. (“by an affirmative vote of the board’s full
membership”)
N.J.A.C
. 6A:23A-6.12(b). Making changes to vehicle assignment.
..
An affirmative vote of
two-thirds
of the full
membership of the board. They do not require a roll
call vote.
1. Determination of member district’s share of educational services commission expenses
(two-thirds of representative assembly) (
N.J.S.A.
18A:6-62).
2. Adoption of new corporate name for school district composed of two or more
municipalities (
N.J.S.A.
18A:8-17.1).
3. Authorization to negotiate, award or enter into a contract or agreement after the
board has solicited and received at least three quotations on materials, supplies or
equipment for which a State contract has been issued, and the lowest responsible
quotation is at least ten percent (10%) less than the cost charged under the State
contract (
N.J.S.A.
18A:18A-5(e)).
4. Adopting a refunding bond ordinance by a Type II school district (
N.J.S.A.
18A:24-
61.4).
5. Selling or exchanging refunding bonds (
N.J.S.A.
18A:24-61.9).
.
An affirmative vote of
two-thirds
of the full membership
of the board. They do not require a roll call vote.
6. Endorsing approval of a lease purchase and authorizing the chief school administrator
and/or board secretary to advertise and solicit proposals in connection with a lease
purchase, and to request state approval of a lease purchase of five years or less (
N.J.A.C.
6A:26-10.3(h)).
(Note that in this case, the two-thirds majority vote is required by
administrative code provision. This is not a statutory requirement.
)
7. Endorsing approval of a lease of facilities in excess of five years and authorizing the
board of education to request approval of an amendment to its long range facilities plan to
reflect the leased facility (
N.J.A.C.
6A:26-10.11 (c)).
(Note that in this case, the
two-thirds majority vote is required by administrative code provision. This is not a
statutory requirement.
)
Cooper Levenson, P.A.
An affirmative vote of
two thirds of the “authorized
membership” of the school board.
•
Transferring amounts among line items and program categories (
N.J.S.A.
18A:22-8.1,
N.J.A.C.
6A:23-2.11(f),
N.J.A.C.
6A:23A-13.3(f)).
•
Petitioning the Commissioner for authority to make a transfer of surplus, unbudgeted
or under budgeted revenue amounts to line items and program categories prior to
April 1 due to an emergent circumstance (
N.J.S.A.
18A:22-8.1,
N.J.A.C.
6A:23-2.11(c),
N.J.A.C. 6A:23A-13.3 (c)).
•
Petitioning the Commissioner for authority to make a transfer of surplus, unbudgeted
or under budgeted revenue amounts to line items and program categories between
April 1 and June 30 in order to achieve the thoroughness standards for the current
year (
N.J.S.A.
18A:22-8.1,
N.J.A.C.
6A:23-2.11(b),
N.J.A.C.
6A:23A-13.3(b)).
•
Authorization to negotiate and award a contract or agreement after twice advertising
for bids pursuant to
N.J.S.A.
18A:18A-4, with subsequent failure to receive any bids
(
N.J.S.A.
18A:18A-5(c)).
•
Authorization to negotiate and award a contract or agreement after twice advertising
for bids and having rejected those bids for appropriate reasons (
N.J.S.A
18A:18A-
5(c)). Authorization to negotiate and award a contract or agreement after twice
advertising for bids and having once failed to receive bids and having once rejected
bids received for appropriate reasons (N.J.S.A. 18A:18A-5 (c)).
Cooper Levenson, P.A.
Requires an affirmative vote of three-quarters of
the members present. It does not require a roll call
vote.
•
Calling an emergency meeting of the board without providing
adequate prior notice (N.J.S.A. 10:4-9).
•
Occurs at the meeting
•
OPMA/ Safe Harbor
Cooper Levenson, P.A.
That’s a long list, Wil!
When in doubt or where a question
exists concerning the formal
requirements of a vote,
the board
should take action by roll call vote and
should consult its board attorney.
Cooper Levenson, P.A.
Abstentions
How to Count Abstentions
•
Mount v. Parker
32
N.J.
341 (1867)
–
Abstentions may not be counted as
affirmative votes, if, without the
abstentions, there is not a sufficient
number of votes for passage as required by
a specific statute.
–
Abstention may not be counted as an
affirmative vote where the abstaining
person states her desire that it not be
counted with the affirmative votes.
Abstentions
New Jersey Law Revision Commission
Effect on Abstentions
(2011)
•
If the member is not legally entitled to vote
because of conflict of interest or otherwise
has recused herself, the member shall not be
counted as present for the purpose of
determining a quorum.
•
Abstention is neither an affirmative nor a
negative vote
Paper Ballots?
•
A sample Board Policy regarding paper ballots may
look like the following:
Voting shall take place by written ballot after nominations are
closed. Board members will be provided a blank piece of paper
and shall write the name of the person they wish to see
elected on the piece of paper. The ballots shall be tallied by
the Board Secretary and the person with the majority vote of
the members of the Board present and constituting a quorum
shall be elected. In the event no candidate receives a majority
vote of the members of the Board present and constituting a
quorum, the procedure shall continue until someone receives a
majority vote.
Does a Paper Ballot mean a
“Secret” Ballot?
•
No! If your board elects its officers by paper
ballot the votes of the individual board members
must be read aloud based on the OPMA (
N.J.S.A.
10:4-14):
•
Each public body shall keep reasonably
comprehensible minutes of all its meetings
showing the time and place, the members present,
the subjects considered, the actions taken,
the
vote of each member
, and any other information
required to be shown in the minutes by law, which
shall be promptly available to the public to the
extent that making such matters public shall not
be inconsistent with section 7 of this act.
Process!
Cooper Levenson, P.A.
What does
Robert’s Rules of Order
say?
•
If any person refuses to obey the order of the
Board directing them to leave,
the Chair
should
take “take necessary measures to see that the
order is enforced, but should be guided by a
judicious appraisal of the situation.”
•
If those who are assigned that task are unable to
persuade the offender to leave, it is usually
preferable that he be removed by police – who
may, however, be reluctant to intervene unless
“representatives of the organization are prepared
to press charges.”
What does
Robert’s Rules of Order
say?
•
The sergeant-at-arms may attempt to remove a
disrupter using the minimum force necessary as a
last resort.
•
In cases of anticipated disrupters or hostile
meetings, it may be advisable to arrange for the
local police to attend the meeting.
What About a Genuine Disrupter?
•
N.J.S.A.
2C:33-8:
–
A person commits a disorderly persons offense if, with
purpose to prevent or disrupt a lawful meeting,
procession or gathering, he does an act tending to
obstruct or interfere with it physically.
Public Comment About
Students
?
•
Student or Parent/Guardian speaking about
students:
–
They can comment on their own education as they hold
the confidentiality of these matters and can waive them.
•
What can a BOE say about students?
–
BOE should not engage in a back-and-forth or discuss
the education, discipline, or other confidential
information regarding a student. Doing so would violate
student confidentiality and could potentially violate the
Family Educational Rights and Privacy Act, the Open
Public Records Act, and
N.J.A.C.
6A:32-7.
Public Comment About
Staff
?
•
What can the public say?
–
A member of the public can speak about a staff member
as long as it is not in an obscene or inappropriate way.
•
What can the BOE say?
–
BOE should not discuss individual staff discipline,
performance, or specific personnel issues.
–
If a BOE needs to discuss personnel issues, it should do
so in Executive Session.
Public Comment
about
BOE Members
?
•
What can the public say?
–
A member of the public can state that the BOE is not
making sound decisions, and can question the decisions of
an individual BOE Member but they should not engage in
in personal attacks against an individual BOE member.
•
What can a BOE Member say about fellow BOE
Members?
–
BOE can challenge fellow BOE members to foster
genuine debate, but should not engage in individual
attacks.
Besler v. Board of Education of the West
Windsor-Plainsboro Regional School District
•
Mr. Besler is the father of a student in the
district.
•
At several board of education meetings, Mr.
Besler commented that the basketball coach
verbally abused his daughter and other team
members using profanity and comments about
their weight.
•
During the public comment portion of the meeting,
he complained that the Board did nothing to hold
the coach accountable.
Besler v. Board of Education of the West
Windsor-Plainsboro Regional School District
•
After speaking during public comment at 8 Board
meetings, the Board had another public meeting and
set aside 30 minutes for public comment and limited
each speaker to 5 minutes.
–
The Board let all others speak for more than 5 minutes.
•
Before
Mr. Besler spoke, the Board President warned
that the meeting was not for personnel discussions of
individuals or for allegations or insinuations about
staff and staff performance.
•
Mr. Besler spoke for 30 seconds and was cut off by
the Board President. The Board President told Mr.
Besler that he could draft and hand out written
commentary but the Board would not entertain the
comments at the meeting.
Besler v. Board of Education of the West
Windsor-Plainsboro Regional School District
•
Mr. Besler sued the Board claiming that under 42
U.S.C.
1983, the Board violated his First
Amendment Free Speech rights.
•
The jury found that the Board violated the First
Amendment by restricting Mr. Besler’s speech
because it disagreed with the
content
of his
speech.
–
BOE appealed. The Appellate Division affirmed the jury
verdict.
Besler v. Board of Education of the West
Windsor-Plainsboro Regional School District
•
The Supreme Court:
–
Besler
stands for the proposition that a public comment
period at a public BOE meeting is a limited public forum,
and thus, public speech which receives heightened
protection.
–
Free speech is not absolute; there are restrictions.
–
Speech at a BOE meeting is subject to content-neutral
reasonable time, place, and manner restrictions.
–
However, the BOE cannot restrict speech based on the
specific viewpoint expressed.
State v. Kane
303 N.J. Super. 167
•
Defendant William J. Kane (United Auto Workers Union Director)
appealed from decision of Superior Court which affirmed his
conviction for disrupting a public meeting. N.J.S.A. 2C:33-8 and
resisting arrest N.J.S.A. 2C:29-2;
•
Meeting was official meeting before the House of
Representatives, Defendant was unsuccessful at being recognized
to speak attempted to attract the chairman’s attention in a loud
voice from the floor;
•
Defendant was removed by police and struggled with them;
•
On appeal, Defendant’s convictions reversed;
•
Appeals Court concluded it could not tell if the Police announced
their intention to arrest defendant and that the defendant’s brief
shouts for recognition
“did not substantially impair the
assemblage”;
Cooper Levenson, P.A.
State v. Kane (con’t.)
•
Court notes an important distinction in this case versus other predecessor
cases where defendants were found guilty of disrupting a public meeting:
In the present case, the chairman of the meeting told defendant to be quiet,
but he did not order defendant to be removed. When the chairman admonished
the police to "just escort him out," defendant was already in a horizontal
position, being carried out by the policemen. In the context shown by the
videotapes, the admonition was clearly a direction to walk the defendant out,
not to carry him out like a log. In fact, the chairman expressed his anticipation
that defendant would return to the meeting.
There is no evidence whatsoever
that defendant was removed from the meeting by order of the chair.
•
Defendant’s behavior had not reached the point of the police needing to
intervene without direction from the Chair.
Cooper Levenson, P.A.
Robert’s Rules to Live By
•
Don’t forget about Bob…know his rules to
run a successful meeting.
•
Be courteous to everyone! (e.g. use formal
titles, speak one at a time)
•
Focus on
one thing
at a time.
•
Be consistently consistent!
•
Know your Board Policy and Bylaws.
•
When Robert’s Rules provisions conflict
with OPMA or 18A
the law controls
.
Cooper Levenson, P.A.
•
If you didn’t write it down…it didn’t happen
•
No time like the present
•
“Lie and Cry”
•
See something, say something
•
No good deed goes unpunished
•
Everything is awesome until its not
•
If you discarded it, you’ll need it!
•
Proof read your “wok”
•
You are being recorded! (Even by your colleagues?)
•
Nothing is private/everything is public – social media,
e-mails, texts, pictures
•
When in doubt ask for help!
Wil’s Rules to Live By
Learn about Robert's Rules of Order, a system of parliamentary procedure that helps maintain order and fairness in decision-making. This article covers the basics, including who uses these rules, the key principles, how motions are presented, and more. Whether you're involved in school boards, city councils, or other organizations, understanding these rules can enhance your participation and decision-making processes.
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Presentation Transcript
What About Bob?? Again?? Presented By: William S. Donio, Esq. Cooper Levenson, P.A. Cooper Levenson, P.A.
Todays Agenda! Introduction on Robert s Rules Motions Voting Process Case Law Cooper Levenson, P.A.
What are Roberts Rules? Robert s Rules of Order ( Robert s Rules or RONR ) Originally published in 1876, now in its 11th Edition Written by U.S. Army General Henry Martyn Robert Present Day Codification of Parliamentary Procedure Helps to maintain order and ensure fairness in decision making process Cooper Levenson, P.A.
Who uses Roberts Rules Non-legislative governing bodies at the local level: School Boards City Council Organizations: Fraternal organizations Golf & country clubs Homeowner associations Nonprofit associations Professional societies Scientific organizations Service organizations Sports leagues Student governments Teacher associations Unions Cooper Levenson, P.A.
Basic Principles Someone must facilitate All members have the right to bring up ideas Members should come to an agreement about the course of action Majority rules, but the minority has a right to speak and vote Address one item at a time Cooper Levenson, P.A.
Motions Cooper Levenson, P.A.
Motions Formal proposal of action Board should take; Make motion before discussing merits (person who makes motion may discuss it first); Motion contains : - Who, What, When Cooper Levenson, P.A.
How are Motions Presented? 1. Obtaining the floor a. Wait until the last speaker has finished. b. Rise and address the President by saying, "Mr./Ms. President." c. Wait until the President recognizes you. 2. Make Your Motion a. Speak in a clear and concise manner. b. Should state a motion affirmatively. Say, "I move that we ..." rather than, "I move that we do not ...". c. Avoid personalities and stay on your subject. 3. Wait for Someone to Second Your Motion Cooper Levenson, P.A.
How are Motions Presented? (con t.) 4. Another member will second your motion or the President will call for a second. 5. If there is no second to your motion it is lost. 6. The Chairman States Your Motion a. The Chairman will say, "it has been moved and seconded that we ..." Thus placing your motion before the membership for consideration and action. b. The membership then either debates your motion, or may move directly to a vote. c. Once your motion is presented to the membership by the chairman it becomes "assembly property", and cannot be changed by you generally without the consent of the members. Cooper Levenson, P.A.
How are Motions Presented? (con t.) 7. Expanding on Your Motion a. The time for you to speak in favor of your motion is at this point in time, rather than at the time you present it. b. The mover should be allowed to speak first. c. All comments and debate must be directed to the President. d. Keep to the time limit for speaking that has been established. e. The mover may speak again only after other speakers are finished, unless called upon by the President. 8. Putting the Question to the Membership a. The President asks, "Are you ready to vote on the question?" b. If there is no more discussion, a vote is taken. c. On a motion to move the previous question may be adapted. Cooper Levenson, P.A.
Motion Basics If you make a motion you are required to vote in the affirmative on that motion. - Not Second Once a motion is voted down you cannot just re-vote. Timing is Everything! - Exceptions Cooper Levenson, P.A.
Types of Motions Main Motions Used to introduce new ideas at a meeting. Madam President, I move that Mr. Chair, I move to Subsidiary Motions- Amend Motion (change, add, or omit) Postpone Refer to a Committee Limit or extend Debate Cooper Levenson, P.A.
Types of Motions (cont.) Privileged Motions Adjourn , Recess Requires a 2nd. Majority vote. Raise a question of privilege Allows such things as to request changes to room temperature, clarification of ideas...anything to help the meeting run smoothly. Madam President, I raise a question of privilege Chair s decision, requires no vote. Majority overrule. Cooper Levenson, P.A.
Types of Motions (cont.) Incidental Motions -Appeal Reverse erroneous decision of chair Requires a second Not amendable Debatable Majority Use sparingly -Division of a Question Split a motion into 2 questions Cooper Levenson, P.A.
Board Bylaws and Policy They likely states something such as: Roberts' Rules of Order, Newly Revised, shall govern the Board of Education [Your Board] in its deliberations and acts in all cases in which it is not inconsistent with statutes of the State of New Jersey, rules of the State Board of Education, or these bylaws . Check them out! How important are they??? Cooper Levenson, P.A.
Can the Board Change its Mind? Yes, it can be done: -Rescind -Renew -Up or Down Vote Cooper Levenson, P.A.
Motion to Rescind 35 of Robert sRules Provides that a motion to rescind is a motion by which a previous action or order can be canceled or countermanded. The effect of Rescind is to strike out an entire main motion, resolution, order, or rule that has been adopted at some previous time. RONR, (11th ed.), p. 305. Takes precedence over nothing and can therefore be moved only when no mother motion is pending. Yields to subsidiary, privileged, and incidental motions. Cooper Levenson, P.A.
Motion to Renew Robert s Rules provides that a Motion previously considered may be brought before a public body again if it is substantially different. RONR, (11th ed.), p. 336, 10-15. A previously considered motion may become a substantially different question through a significant change in the wording or because of a difference in the time or circumstances in which it is proposed. Id. at 12-15. Cooper Levenson, P.A.
Motion to Amend The motion to amend something previously adopted: Can be applied to any main motion previously adopted (provided none of the action involved has been carried out in a way which it is too late to undo); Must be seconded; is debatable and amendable; and Can be moved by any member regardless of how he voted on the original question. Friendly Amendment Cooper Levenson, P.A.
Motion to Reconsider A Motion to Reconsider allows a public body to consider again a motion on which a vote has been previously taken. Purpose is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. RONR, (11th ed.), p. 315, 20. Requires a majority vote, regardless of the vote necessary to adopt the motion reconsidered. Cooper Levenson, P.A.
Motion to Reconsider Cannot be reconsidered. No motion may be reconsidered more than once unless amended during the previous reconsideration. Cooper Levenson, P.A.
Motion to Reconsider Takes precedence over any other motion (even if another motion is pending or the group has voted to adjourn but the chair has not yet declared the meeting adjourned); Must be seconded by any member; is debatable but NOT amendable; and Must be made by a person who voted with the prevailing side. Cooper Levenson, P.A.
Voting and Related Issues
Number of Votes Required Supermajority Votes Established by the Legislature Majority of the full/authorized membership of the board Two-thirds of the full/authorized membership of the board Three-quarters of the members present
Number of Votes Required Supermajority Votes? Board may not require supermajority vote unless statute specifically provides; thwarts the will of the majority to require a greater vote than required by statute. Matawan Teachers Assn v. Bd of Ed. 223 N.J. Super. 504 (App Div. 1988)
Matawan Regional Teachers Association v. Matawan-Aberdeen Regional School District Board of Education (con t.) Administrative Law Judge ( ALJ ) summarily dismissed the claim that the bylaws barred adoption of the plan. The Commissioner of Education and the State Board of Education affirmed the ALJ's summary dismissal. On appeal, the issue was whether a local school board may lawfully adopt a plan, which includes the closing and sale of a school building, by a majority vote of its full membership after consideration at a single public meeting even though its bylaws require adoption by a 2/3 vote of its full membership after consideration at two public meetings. Cooper Levenson, P.A.
Matawan Regional Teachers Association v. Matawan-Aberdeen Regional School District Board of Education (con t.) HELD: The board is not bound by the bylaw that limits the authority of the majority, but is bound by the bylaw that requires two public meetings for adoption of the plan. Cooper Levenson, P.A.
MatawanCourts Reasoning Supermajority Requirement - Preempted The Legislature gave power to boards of education to adopt/effectuate their own by-laws/policies. N.J.S.A. 18A:20-5 Thus it preempted a local board's authority to strike the balance between requiring a broad consensus for action and the attendant risk of inaction. So the Board may not require a supermajority vote of the Board on any issue unless a statute specifically provides for same. Two Public Hearings Requirement- Public Policy Supports it Purpose is to assure that those having that responsibility and authority act only upon due deliberation after notice to the public and interested third parties. Public Policy. Cooper Levenson, P.A.
Matawan Regional Teachers Association v. Matawan-Aberdeen Regional School District Board of Education 223 N.J. Super. 504 (App. Div. 1988) Dispute arose when the nine (9) members of the Matawan- Aberdeen Regional School District Board of Education voted 5 to 4 to reorganize the school district by adopting "Plan C" (the plan). Plan C was the closing and sale of a school and an administration building. Union representing board employees, and 92 resident-taxpayers of the district alleged that Board s bylaws barred the adoption of the plan: - No policy shall be adopted by the Board until it has received a 2/3 vote of the full Board at two public meetings. - Bylaws shall be adopted, amended or repealed by a 2/3 vote of the full Board. Cooper Levenson, P.A.
Actions Require: A recorded roll call vote and an affirmative vote of a majority of the full membership of the board. 1. bonds from salaries of participating employees (N.J.S.A. 18A:16-8). Directing the Board Secretary to make deductions for United States government 2. Appointing and fixing the salary and term of a Board Secretary (N.J.S.A. 18A:17-5). 3. Appointing and fixing the salary and term of an Assistant or Acting Board Secretary (N.J.S.A. 18A:17-13). 4. Appointing and fixing the term of a Superintendent of Schools (N.J.S.A. 18A:17-15). 5. Appointing or removing an Assistant Superintendent of Schools (N.J.S.A. 18A:17-16). 6. Appointing and fixing the term of an Administrative Principal (N.J.S.A. 18A:17-20.5). 7. Appointing and fixing the term of a shared Superintendent or a shared School Business Administrator (N.J.S.A. 18A:17-24.3). (Please note that this particular statute only requires a majority of the membership. Cooper Levenson, P.A.
Actions Require: A recorded roll call vote and an affirmative vote of a majority of the full membership of the board. 8. Appointing or removing and fixing the salary of a Business Manager in a Type I school district (N.J.S.A. 18A:17-25). 9. Appointing an executive superintendent in districts in cities of the first class with a population over 325,000 (N.J.S.A. 18A:17A-1). 10. Disposing of lands owned by the board, or rights or interests therein (N.J.S.A. 18A:20-5). 11. Exchanging lands owned by the board (N.J.S.A. 18A:20-8). 12. Adopting a budget in Type II districts having a Board of School Estimate (N.J.S.A. 18A:22-26). 13. Fixing and determining the amount of money to be voted upon by the voters of the district at or after the public hearing on the school budget for Type II districts without a Board of School Estimate (N.J.S.A. 18A:22-32).
Actions Require: A recorded roll call vote and an affirmative vote of a majority of the full membership of the board. 14. Adopting the question(s) to be submitted to the voters concerning any capital project(s) to be paid for from the proceeds of an issue of bonds in Type II districts without a Board of School Estimate (N.J.S.A. 18A:22-39). 15. Adopting a proposal for the issuance of school bonds by Type II districts having a Board of School Estimate (N.J.S.A. 18A:24-l0b). 16. Transferring a teaching staff member (N.J.S.A. 18A:25-1). 17. Restoring or removing an Assistant Superintendent, principal or teacher, following suspension by the Superintendent of Schools (N.J.S.A. 18A:25-6). (Please note that this particular statute only requires a majority of the membership. 18. Appointing a teaching staff member (N.J.S.A. 18A:27-1). 19. Appointing, transferring, removing or renewing the employment contract of a certificated or non-certificated officer or employee (N.J.S.A. 18A:27-4.1). 20. Withholding, for inefficiency or other good cause, a prescribed employment or adjustment increment (N.J.S.A. 18A:29-14). 21. Adopting or altering a course of study (N.J.S.A. 18A:33-1) and Selecting textbooks (N.J.S.A. 18A:34-1).
Actions Require: A recorded roll call vote and an affirmative vote of a majority of the full membership of the board. 23. Applying for membership in an already established county educational audiovisual aids center (N.J.S.A. 18A:51-11) 24. Applying to the county superintendent to investigate the advisability of withdrawing from a regional district (N.J.A.C. 6A:32-11.1). (Note that in this case, the roll call majority vote is required by administrative code provision. This is not a statutory requirement.) 25. Submitting, for county superintendent review, the content of separate questions to be submitted to the voters that propose programs in addition to the core curriculum context standards that may be in excess of its adjusted spending growth limitation (N.J.A.C. 6A:23-8.5(b)). (Note that in this case, the roll call majority vote is required by administrative code provision. This is not a statutory requirement.)
Actions require: A recorded roll call vote and must pass by an affirmative vote of two-thirds of the full membership of the board. 1. Determining the necessity to sell bonds to raise money for a capital project by a Type II district with a Board of School Estimate (N.J.S.A. 18A:22-27). 2. Permitting the private sale of certain bonds if no legally acceptable bid is received by a Type II district (N.J.S.A. 18A:24-45(c)). Cooper Levenson, P.A.
Actions Require: Affirmative vote of the majority of the full membership of the board. They do not require a roll call vote. 1. employee. (N.J.S.A. 18A:6-11). Determining the sufficiency of charges to dismiss or reduce the salary of a tenured 2. Filling of vacancies on elected boards of education ( majority vote of the remaining members ) (N.J.S.A. 18A:12-15). 3. Removing from office a president or vice president of a board for failure to perform a duty imposed upon him by law (N.J.S.A. 18A:15-2). ( majority vote of all of the members ) 4. Appointing, fixing the salary and defining the duties of a school business administrator or appointing a shared business administrator between two or more districts. (N.J.S.A. 18A:17-14.1). ( majority vote of all of the members ) 5. Disqualifying a bidder who would otherwise be determined to be the lowest responsible bidder due to prior negative experience (N.J.S.A. 18A:18A-4). ( majority of the board of education ) 6. Authorizing of purchase of securities (N.J.S.A. 18A:20-37). ( majority vote of all of its members ) 7. Authorizing of sale of securities (N.J.S.A. 18A:20-39). ( majority vote of all of its members )
Actions Require: Affirmative vote of the majority of the full membership of the board. They do not require a roll call vote. 8. Adopting a proposal for the issuance of school bonds in Type II districts without a Board of School Estimate (including regional districts) (N.J.S.A. 18A:24-10c). 9. Admitting pupils, who have never attended public or private school, after October 1 following the opening of school for the full term (N.J.S.A. 18A:38-6). ( majority vote of all of the members ) 10. Deciding to establish, with other school districts of the county, a county educational audio-visual aids center (N.J.S.A. 18A: 51-1). 11. Employee travel, with prior CSA approval ( majority of full voting membership ) (N.J.S.A. 18A:11-12(f)) 12. Board Member travel ( majority of full voting membership ) (N.J.S.A. 18A:11-12(g) 13. In a school district with a board of school estimate, approval of additional tax levy (N.J.S.A. 18A:7F-39)( majority of those board members who are present ) 14. Authorizing the lease, lease-purchase or purchase and assignment of district vehicles for the conduct of official district business. ( by an affirmative vote of the board s full membership ) N.J.A.C. 6A:23A-6.12(b). Making changes to vehicle assignment. ..
An affirmative vote of two-thirds of the full membership of the board. They do not require a roll call vote. 1. Determination of member district s share of educational services commission expenses (two-thirds of representative assembly) (N.J.S.A. 18A:6-62). 2. Adoption of new corporate name for school district composed of two or more municipalities (N.J.S.A. 18A:8-17.1). 3. Authorization to negotiate, award or enter into a contract or agreement after the board has solicited and received at least three quotations on materials, supplies or equipment for which a State contract has been issued, and the lowest responsible quotation is at least ten percent (10%) less than the cost charged under the State contract (N.J.S.A. 18A:18A-5(e)). 4. Adopting a refunding bond ordinance by a Type II school district (N.J.S.A. 18A:24- 61.4). 5. Selling or exchanging refunding bonds (N.J.S.A. 18A:24-61.9). .
An affirmative vote of two-thirds of the full membership of the board. They do not require a roll call vote. 6. Endorsing approval of a lease purchase and authorizing the chief school administrator and/or board secretary to advertise and solicit proposals in connection with a lease purchase, and to request state approval of a lease purchase of five years or less (N.J.A.C. 6A:26-10.3(h)). (Note that in this case, the two-thirds majority vote is required by administrative code provision. This is not a statutory requirement.) 7. Endorsing approval of a lease of facilities in excess of five years and authorizing the board of education to request approval of an amendment to its long range facilities plan to reflect the leased facility (N.J.A.C. 6A:26-10.11 (c)). (Note that in this case, the two-thirds majority vote is required by administrative code provision. This is not a statutory requirement.) Cooper Levenson, P.A.
An affirmative vote of two thirds of the authorized membership of the school board. Transferring amounts among line items and program categories (N.J.S.A. 18A:22-8.1, N.J.A.C. 6A:23-2.11(f), N.J.A.C. 6A:23A-13.3(f)). Petitioning the Commissioner for authority to make a transfer of surplus, unbudgeted or under budgeted revenue amounts to line items and program categories prior to April 1 due to an emergent circumstance (N.J.S.A. 18A:22-8.1, N.J.A.C. 6A:23-2.11(c), N.J.A.C. 6A:23A-13.3 (c)). Petitioning the Commissioner for authority to make a transfer of surplus, unbudgeted or under budgeted revenue amounts to line items and program categories between April 1 and June 30 in order to achieve the thoroughness standards for the current year (N.J.S.A. 18A:22-8.1, N.J.A.C. 6A:23-2.11(b), N.J.A.C. 6A:23A-13.3(b)). Authorization to negotiate and award a contract or agreement after twice advertising for bids pursuant to N.J.S.A. 18A:18A-4, with subsequent failure to receive any bids (N.J.S.A. 18A:18A-5(c)). Authorization to negotiate and award a contract or agreement after twice advertising for bids and having rejected those bids for appropriate reasons (N.J.S.A 18A:18A- 5(c)). Authorization to negotiate and award a contract or agreement after twice advertising for bids and having once failed to receive bids and having once rejected bids received for appropriate reasons (N.J.S.A. 18A:18A-5 (c)). Cooper Levenson, P.A.
Requires an affirmative vote of three-quarters of the members present. It does not require a roll call vote. Calling an emergency meeting of the board without providing adequate prior notice (N.J.S.A. 10:4-9). Occurs at the meeting OPMA/ Safe Harbor Cooper Levenson, P.A.
Thats a long list, Wil! When in doubt or where a question exists concerning the formal requirements of a vote, the board should take action by roll call vote and should consult its board attorney. Cooper Levenson, P.A.
Abstentions How to Count Abstentions Mount v. Parker 32 N.J. 341 (1867) Abstentions may not be counted as affirmative votes, if, without the abstentions, there is not a sufficient number of votes for passage as required by a specific statute. Abstention may not be counted as an affirmative vote where the abstaining person states her desire that it not be counted with the affirmative votes.
Abstentions New Jersey Law Revision Commission Effect on Abstentions (2011) If the member is not legally entitled to vote because of conflict of interest or otherwise has recused herself, the member shall not be counted as present for the purpose of determining a quorum. Abstention is neither an affirmative nor a negative vote
Paper Ballots? A sample Board Policy regarding paper ballots may look like the following: Voting shall take place by written ballot after nominations are closed. Board members will be provided a blank piece of paper and shall write the name of the person they wish to see elected on the piece of paper. The ballots shall be tallied by the Board Secretary and the person with the majority vote of the members of the Board present and constituting a quorum shall be elected. In the event no candidate receives a majority vote of the members of the Board present and constituting a quorum, the procedure shall continue until someone receives a majority vote.
Does a Paper Ballot mean a Secret Ballot? No! If your board elects its officers by paper ballot the votes of the individual board members must be read aloud based on the OPMA (N.J.S.A. 10:4-14): Each public body comprehensible minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making such matters public shall not be inconsistent with section 7 of this act. shall keep reasonably
Process! Cooper Levenson, P.A.
What does Roberts Rules of Order say? If any person refuses to obey the order of the Board directing them to leave, the Chair should take take necessary measures to see that the order is enforced, but should be guided by a judicious appraisal of the situation. If those who are assigned that task are unable to persuade the offender to leave, it is usually preferable that he be removed by police who may, however, be reluctant to intervene unless representatives of the organization are prepared to press charges.
What does Roberts Rules of Order say? The sergeant-at-arms may attempt to remove a disrupter using the minimum force necessary as a last resort. In cases of anticipated disrupters or hostile meetings, it may be advisable to arrange for the local police to attend the meeting.
What About a Genuine Disrupter? N.J.S.A. 2C:33-8: A person commits a disorderly persons offense if, with purpose to prevent or disrupt a lawful meeting, procession or gathering, he does an act tending to obstruct or interfere with it physically.
Public Comment About Students? Student or Parent/Guardian speaking about students: They can comment on their own education as they hold the confidentiality of these matters and can waive them. What can a BOE say about students? BOE should not engage in a back-and-forth or discuss the education, discipline, information regarding a student. Doing so would violate student confidentiality and could potentially violate the Family Educational Rights and Privacy Act, the Open Public Records Act, and N.J.A.C. 6A:32-7. or other confidential
