Rules of Order
RULES OF ORDER
OF THE
GOVERNING BOARD
OF THE
STUDENT BAR ASSOCIATION
OF
CAPITAL UNIVERSITY
LAW SCHOOL
Adopted: September 22, 2022 by Resolution #2223-04
SECTION 1 GENERAL RULES AND PROCEDURES
1.1 Applicability
a. These Rules of Order shall apply to all SBA Governing Board meeting consistent with the SBA Rules and Procedures
b. These Rules of Order do not apply to committee meetings however committee chairs may elect to utilize all or part of these rules to better facilitate meetings.
1.2 Extension of these Rules
a. In the event a situation arises which is not contemplated within these rules of order, the SBA Governing Board shall rely on the newest version of Roberts Rules of Order Newly Revised to resolve such a situation while maintaining these rules intent to have a simple and unified set of rules for governing SBA Governing Board Meetings.
1.3 Board Member Compliance with These Rules
a. All SBA Governing Board Members are expected to know and follow these rules of order.
b. Repeated and continual failure to comply with these rules that leads to a negative impact on the SBA Governing Board could lead to appropriate sanctions.
1.4 Meeting Times and Dates
a. Meetings must be scheduled an announced in accordance with the SBA Constitution and SBA Rules and Procedures.
1.5 Location of Meetings
a. Meetings may take place at location consistent with the SBA Rules and Procedures including any physical location easily accessible to SBA Governing Board and SBA Student Members, the preference is to hold these meeting at on the Law School campus, or in a digital space operating with a minimum of real-time audio between participants with proper notice of the location as required by the SBA Constitution and SBA Rules and Procedures.
1.6 Presiding Officer
a. Pursuant to the SBA Constitution and SBA Rules and Procedures, the President shall preside over all SBA Governing Board Meetings. In the President’s absence the Secretary shall preside over the meeting. If neither the President nor the Secretary is able to attend, the President may select and SBA Governing Board Member to preside over the meeting.
b. It is the role of the presiding officer to oversee meetings and ensure compliance with these rules.
c. The presiding officer may utilize a parliamentarian or similar position to assist with the interpretation and enforcement of these rules consistent with the SBA Rules and Procedures.
1.7 Order of Business
a. The order of business for Regular SBA Governing Board Meetings shall be:
(1) Call to Order
(2) Roll Call
(3) Approval of Minutes
(4) Report of Officers
(a) President
(b) Full-Time Vice President
(c) Part-Time Vice President
(d) Treasurer
(e) Secretary
(f) DEI Officer
(5) Reports of Representatives
(a) Fourth Year Representative
(b) Third Year Full-Time Representatives
(c) Third Year Part-Time Representative
(d) Second Year Full-Time Representatives
(e) Second Year Part-Time Representative
(f) First Year Full-Time Representatives
(g) First Year Part-Time Representative
(6) Reports of External Committees
(7) Reports of Internal Committees
(a) Executive Committee
(b) Budget Committee
(c) DEI Committee
(d) Elections Committee
(e) Rules Committee
(f) Activities Committee
(g) Professional Development Committee
(h) Community Service Committee
(i) Alumni Relations Committee
(j) Barristers Ball Committee
(k) Graduate and Professional Law Programs Committee
(l) Parking and Facilities Committee
(8) Hearing from Student Members
(9) Unfinished Business
(10) New Business
(11) Good of the Order
(12) Adjournment
b. The order of business for Special and Emergency SBA Governing Board Meetings shall be:
(1) Call to Order
(2) Roll Call
(3) Hearing of Student Members
(4) Special Business
(5) Adjournment
1.8 Roll Call
a. Attendance being an important duty of SBA Governing Board Members, attendance shall be taken at each Governing Board meeting in a manner determined by the Presiding Officer to be appropriate such as roll call, a sign-in sheet, or other method.
1.9 Reading and Approval of Minutes
a. Pursuant to the SBA Rules and Procedures the Secretary shall distribute a copy of the minutes to the SBA Governing Board and SBA Student Members following each meeting. As such it will be the standard practice of the SBA Governing Board to forego the reading of the minutes.
b. Any amendments to the minutes shall be handled by an appropriate motion to amend.
c. After any corrections have been disposed of, or if no corrections are suggested, the Presiding Officer shall certify the minutes as being approved without vote
1.10 Reports of Officers, Representatives, or Committees
a. Officers, Representatives, and Committee Chairs/Reporters shall prepare a written report submitted to the Secretary consistent with the SBA Rules and Procedures which will be distributed with the agenda for the meeting.
(1) A sample report is attached hereto as appendix A. The Secretary or SBA Governing Board may prescribe a different format from year to year.
b. Reports are usually for the purpose of information only but may sometimes contain recommendations calling for action by the SBA Governing Board.
c. Officers, Representatives, and Committee Chairs/Reporters shall present an oral summary to the SBA Governing Board of their written report.
d. If the report of an Officer or Representative contains a recommendation for action by the SB Governing Board the individual making the report should consider making such recommendation through a resolution independent of their report.
e. Motions to adopt actions recommended by an Officer, Representative, or Committee Chair/Reporter shall not be initiated by the Officer, Representative, or Committee Chair/Reporter making such a recommendation.
f. Officer, Representative, or Committee Chair/Reporter reports do not require approval or adoption by the SBA Governing Board unless such report contains a recommendation requiring approval.
1.11 Hearing from Student Members
a. Any SBA Student Member who wishes to address the SBA Governing Board may do so during the time prescribed for such comment during any meeting.
b. The presiding officer may, at their discretion, permit other individuals from the law school community to speak during this time as well.
c. Any individual addressing the SBA Governing Board shall limit their comments to no greater than seven (7) minutes, unless the presiding officer allows for a longer period of time.
1.12 Good of the Order
a. This time is allotted for SBA Governing Board Members to provide information that may be of interested to the SBA Governing Board Members but does not relate to the business of the Governing Board or the actions of SBA Governing Board Members or Committees.
SECTION 2 AGENDA
2.1 Generally
a. The agenda should set forth the SBA Governing Board’s plan for each meeting.
b. The agenda should be written in complete sentences with complete thoughts and ideas.
c. The agenda should be completed and distributed in accordance with the SBA Constitution and SBA Rules and Procedures.
2.2 Structure of Agenda
a. The agenda should conform to the order of business outlined in the Rules of Order.
b. The agenda should contain a brief description of any resolutions submitted to the Secretary before the meeting as well as any reports from Officers, Representatives, or Committees.
c. The full written reports from Officers, Representatives, and/or Committees should be attached to the agenda at the time of distribution.
d. In general, the agenda should conform to the structure and format of the sample attached hereto and incorporated herein as appendix B.
SECTION 3 MINUTES
3.1 Generally
a. Minutes should generally be a record of what was done by the SBA Governing Board rather than what was said.[12]
b. Minutes should be written in complete sentences with complete thoughts and ideas.[13]
c. The Minutes should be completed and distributed in accordance with the SBA Constitution and SBA Rules and Procedures.
3.2 Structure of Minutes
a. Minutes should be broken down into sections based on the items discussed in the meeting and the agenda distributed.
b. In addition to the written minutes, the minutes should include the reports of Officers, Representatives, and Committees submitted as well as any written resolutions adopted or considered by the SBA Governing Board.
c. In general, minutes should conform to the structure and format of the sample attached hereto and incorporated herein as appendix C.
SECTION 4 MOTIONS GENERALLY
4.1 Definitions
a. Main Motions – Motions which bring business before the SBA Governing Board.[14]
b. Subsidiary Motions – Motions which help the SBA Governing Board in treating or disposition of a Main Motion.[15]
c. Privileged Motions – Motions which do not relate to the pending business before the SBA Governing Board but relate to a matter of importance which takes precedent over the business before the SBA Governing Board.[16]
d. Incidental Motions – Motions which relate to the pending business before the SBA Governing Board and are of a level of importance to justify precedent over the business and other motions.[17]
SECTION 5 MAIN MOTIONS
5.1 Types of Main Motions
a. Main Motions can be further broken down into Original and Incidental Main Motions.[18]
(1) Original Main Motions are motions which introduce a substantive question before the SBA Governing Board as a new subject.[19] In other words Original Main Motions are the way most actions by the SBA Governing Board are created. For example, an Original Main Motion may be a motion that “…the SBA Governing Board spend $100 on new signs for the parking lot.”
(2) Incidental Main Motions also introduce substantive questions before the SBA Governing Board but on a subject the SBA Governing Board already considered.[20] Most Incidental Main Motions are motions to ratify or adopt a recommendation either by a committee or by the SBA Governing Board when the SBA Governing Board did not have quorum. For example, an Incidental Main Motion may be a motion that “…the recommendation of the Budget Committee to adopt resolution #2122-3 allocating $100 to be spent on new signs for the parking lot be adopted.”
5.2 Rules for Main Motions
a. Main Motions can only be made when the individual has the floor.
b. Only one (1) Main Motion can be considered at a time.[21]
c. A Main Motion:[22]
(1) Ranks last in priority and cannot be made when there is other business before the SBA Governing Board.
(2) Must be seconded.
(3) Is debatable.
(4) Is amendable.
(5) Requires a majority vote to adopt unless the motion proposes an action which the SBA Constitution or SBA Rules and Procedures prescribe a different requirement.
d. Main Motions are considered and adopted in the language which they are presented and are to be recorded in the minutes in the same language.[23]
e. Because Main Motions are considered and adopted in the language which they are presented, if the motion relates to a complicated matter, or is itself complicated, it is advantageous to present the motion in the form of a written resolution as outline in the SBA Rules and Procedures.[24]
SECTION 6 SUBSIDIARY MOTIONS
6.1 Generally
a. Subsidiary Motions are ranked motions with each Subsidiary Motion discussed below taking precedent over all Subsidiary Motions before it and precedent over a Main Motion.[25]
b. Subsidiary Motions can only occur when there is a Main Motion before the SBA Governing Board and only by the individual who has the floor.[26]
6.2 Postpone Indefinitely
a. This motion is used when a Main Motion is submitted to the SBA Governing Board which, for whatever reason, the SBA Governing Board does not want to consider and take a vote on.[27]
(1) Possible reasons for this could be the Main Motion was poorly worded or relates to a subject matter by which an adoption or rejection of the motion would lead to negative consequences.
b. A Motion to Postpone Indefinitely:[28]
(1) Must be seconded.
(2) Is debatable.
(3) Is not amendable.
(4) Requires a majority vote.
6.3 Amend
a. This motion is used to make changes to the language of a pending motion.[29]
b. This motion can be applied to Main Motions as well as to other motions to amend.[30]
c. Adoption of a Motion to Amend does not constitute adoption of the motion the Motion to Amend seeks to amend.[31]
d. A motion to Amend:
(1) Must be seconded.
(2) Is debatable.
(3) Can be amended.
(4) Requires a majority vote.
6.4 Commit or Refer
a. This motion is used to send a Main Motion (or a subsidiary motion to Amend a Main Motion along with the Main Motion) to a committee for further consideration before the SBA Governing Board takes a vote.[32]
b. The Motion to Commit or Refer can be used to send a Main Motion to any standing SBA Internal Committee, or, with the creation of such a committee in accordance with the SBA Constitution and SBA Rules and Procedures, to an Ad-Hoc Committee created by the President.[33] [34]
(1) The motion must include the specific committee to which the motion is being referred.[35]
c. A Motion to Commit or Refer:
(1) Applies to Main Motions and Main Motions with Motions to Amend attached.
(2) Must be seconded.
(3) Is debatable.
(4) Requires a majority vote.
6.5 Postpone to a Certain Time
a. This motion allows a matter to be postponed to a specific time in the future (e.g., The next Regular SBA Governing Board Meeting).[36]
b. This motion can be applied to any lower subsidiary motion or any main motion.[37]
c. The Motion to Postpone to a Certain Time must contain a specific and definite time in the future such as a specific meeting or, when necessary, to an ambiguous meeting to be scheduled within a certain time period (e.g. postponed to a Special Meeting of the SBA Governing Board within 2 weeks[38]).[39]
d. Issues postponed to a certain time would fall under “unfinished business” in the order of business.
e. The Motion to Postpone to a Certain Time:
(1) Must be seconded.
(2) Is debatable, provided the debate is limited to the Motion to Postpone rather than the merits of the original issue.
(3) Is amendable with respect to the time to which the question is postponed.
(4) Required a majority vote.
6.6 Limit or Extend Limits of Debate
a. This motion allows the limitation or extension of debate beyond the standing rules of debate outline in the Rules of Order.[40]
b. There are two principal ways debate can be limited or extended using this motion:
(1) A limit or extension can be placed on the number of speeches members can giver or the length of the speeches; and/or
(2) A limit or extension can be placed on the total time for debate on the issues. [41]
c. The Motion to Limit or Extend Limits of Debate cannot be used to instantly end debate as that requires a different motion (Previous Question).[42]
d. A Motion to Limit or Extend Limits of Debate:
(1) Must be seconded.
(2) Is not debatable.
(3) Requires a two-thirds vote.
6.7 Previous Question
a. This motion closes all debate, amendments, and other lower priority subsidiary motions.[43]
(1) In non-standard form it may look like a motion to end debate, or a motion to take a vote on the main issue.[44]
b. A Motion of the Previous Question:
(1) Must be seconded.
(2) Is not debatable.
(3) Is not amendable.
(4) Requires a two-thirds vote.[45]
6.8 Lay on the Table
a. This motion allows the SBA Governing Board to put an issue aside temporarily to address a different more pressing issue.[46]
b. Upon adoption of a Motion to Lay on the Table, the question remains tabled until the SBA Governing Board chooses to resume consideration, or the end of the next Regular Meeting following the meeting in which the question was tabled.[47] [48]
c. A Motion to Lay on the Table:
(1) Must be seconded.
(2) Is not debatable, but an explanation as to why tabling is beneficial is appropriate.
(3) Requires a majority vote.[49]
SECTION 7 PRIVILEGED MOTIONS
7.1 Generally[50]
a. Privileged motions do not relate to a Main Motion and thus do not require a Main Motion.[51]
b. Privileged motions take priority over Main Motions and Subsidiary Motions.[52]
c. Privileged motions have an internal hierarchy where each motion below takes priority over the motions listed before them.[53]
7.2 Call for the Orders of the Day
a. This motion is used to require the SBA Governing Board to conform to its agenda or order of business.[54]
b. A Motion to Call for the Orders of the Day:
(1) Does not require the mover to have the floor.
(2) Does not require a second.
(3) Is not amendable.
(4) Does not require a vote and must be enforced upon motion.[55]
7.3 Raise a Question or Privilege
a. This motion allows for the adjustment of the environment of the meeting (e.g. to close a door to better here or to suggest the SBA Governing Board enter into executive session).[56]
b. A Motion to Raise a Question of Privilege:
(1) Does not require the mover to have the floor, provided the question of privilege is of sufficient importance to interrupt the proceeding.
(2) Does not require a second.
(3) Is not debatable.
(4) Is not amendable.
(5) Is decided by the presiding officer without vote.
7.4 Recess
a. This motion allows for a short intermission in the SBA Governing Board’s proceeding, usually just a couple of minutes.[57]
b. A Motion to Recess:
(1) The mover must have the floor.
(2) Must be seconded.
(3) Is not debatable.
(4) Is amendable as to the length of the recess.
(5) Requires a majority vote.
7.5 Adjourn
a. This motion allows for the ending of the meeting immediately.[58]
(1) Any motion to adjourn at a specific time or to a future time is a Main Motion. [59]
b. A Motion to Adjourn:
(1) Requires the mover to have the floor.
(2) Must be seconded.
(3) Is not debatable.
(4) Is not amendable.
(5) Requires a majority vote.
SECTION 8 INCIDENTAL MOTIONS
8.1 Generally[60]
a. Incidental Motions require a Main Motion or other Business to be before the SBA Governing Board (e.g. officers’ report, etc.).[61]
b. Incidental Motions do not have an internal hierarchy and generally will take priority over all other motions when the Incidental Motion is properly raised.[62]
8.2 Point of Order
a. This motion allows the mover to question whether the rules of order are being followed correctly and allows the presiding officer to make a determination as to whether they are being followed.[63]
b. A Point of Order Motion:
(1) Will take priority over any subsidiary or main motions but not to privileged motions.
(2) Does not require the mover to have the floor, if the violate genuinely requires remedy at that time.
(3) Does not require a second.
(4) Is not debatable or amendable.
(5) Does not require a vote, the presiding officer makes a ruling. [64]
8.3 Suspend the Rules
a. This motion allows the SBA Governing Board to temporarily suspend all or part of these rules of order provided such a suspension does not violate the SBA Constitution or SBA Rules and Procedures.[65]
b. A Motion to Suspend the Rules:
(1) Takes priority over all subsidiary and main motions but yields to privileged motions.
(2) Requires the mover to have the floor.
(3) Must be seconded.
(4) Is not debatable.
(5) Requires a two-thirds (2/3) vote consistent with the SBA Rules and Procedures.[66]
8.4 Division of a Question
a. This motion allows a complex motion or resolution with multiple pieces to be divided into smaller questions for the SBA Governing Board to consider.[67]
b. A Motion for Division of a Question:
(1) Takes precedent over main motions but yields to subsidiary motions, except for a motion to amend, and all privileged motions.
(2) Requires the mover to have the floor.
(3) Must be seconded.
(4) Is not debatable.
(5) Is amendable.
(6) Requires a majority vote.[68]
8.5 Division of SBA Governing Board
a. This motion allows the mover to request a vote be taken by a rising of members or show of hands rather than by voice.[69] [70]
b. A Division of SBA Governing Board Motion:
(1) Takes priority whenever a vote is to be taken or has just been taken.
(2) Does not require the mover to have the floor.
(3) Does not require a second.
(4) Is not debatable.
(5) Is not amendable.
(6) Does not require a vote, a single member can request a division of SBA Governing Board.
8.6 Roll Call Vote
(1) This motion allows the mover to request a vote be taken by a roll call where each Governing Board Member’s name is called, and their vote recorded.[71] [72]
(2) A Motion for a Roll Call Vote:
(a) Takes priority whenever a vote is to be taken or has just been taken.
(b) Does not require the mover to have the floor.
(c) Requires a second.
(d) Is not debatable.
(e) Is not amendable.
(f) Does not require a vote if the motion is seconded.[73] [74]
8.7 Requests and Inquiries
a. These motions allow the moves to obtain additional information and can take a few forms:
(1) Parliamentary Inquiry – A question about the rules of order (e.g. is it permissible at this time to move for adjournment).[75]
(2) For Information – A question seeking information from the speaker or other party (e.g. this resolution requests a large sum of money, would the treasurer please provide the current account balance).[76]
(3) For Any Other Privilege – A request to do something that doesn’t have another rule providing for it (e.g. permission to make an informative presentation not relating to business).[77]
b. A Motion for Requests and Inquiries:
(1) Take priority over other motions to which the request or inquiry applies.
(2) Does not require the mover to have the floor if they require immediate attention.
(3) Parliamentary Inquiries and Requests for Information do not require a second but a Request for Any Other Privilege does require a second.
(4) Is not debatable
(5) Is not amendable.
(6) Parliamentary Inquiries and Requests for Information are determined by the chair and Requests for Any Other Privilege are permitted by consent without objection.
SECTION 9 DEBATE
9.1 Generally
a. All SBA Governing Board Members have the right to speak regarding any motion which is debatable before a vote is taken.[78]
b. The presiding officer should refrain from participating in a debate of an issue.[79]
9.2 Limitations to Debate
a. Each SBA Governing Board Member, having obtained the floor, can speak no longer than five (5) minutes concerning any, one (1), motion unless they obtain the consent of the SBA Governing Board through unanimous consent or proper motion.[80] [81]
b. Each SBA Governing Board Member may not speak more than twice on the same issue on the same day.[82]
(1) For the purposes of the number of times speaking, questions, the making of secondary motions, representative or committee reports, or similar statements are not considered speaking.[83]
c. The rights of debate are not transferable from one SBA Governing Board Member to any other SBA Governing Board Member.[84]
9.3 Decorum of Debates
a. SBA Governing Board Members must:
(1) Confine their remarks to the question before the SBA Governing Board.[85]
(2) Refrain from attacking another member or member’s viewpoint.[86]
(3) Address all remarks through the presiding officer.[87]
(4) Refrain from reading at length from reports, quotations, etc.[88]
(5) Be respectful of others at all times, even when not speaking.[89]
SECTION 10 VOTING
10.1 Generally
a. All voting will take place consistent with the SBA Constitution and SBA Rules and Procedures
b. Votes will be taken by voice unless a motion is made requesting an alternative form of voting.
c. For any motion or resolution requiring majority vote, a majority is more than fifty-percent (50%) of the votes cast excluding abstentions.[90]
d. For any motion or resolution requiring a two-thirds (2/3) vote, a two-thirds (2/3) means at least two-thirds (2/3) of the votes cast excluding abstentions.[91]
10.2 Right of Abstention
a. It is the duty of all SBA Governing Board Members who has an opinion on a question to express said opinion by vote.[92]
b. SBA Governing Board Members have the right to abstain from any vote, include a vote where abstention is suggested by the SBA Constitution or SBA Rules and Procedures.[93]