Transcript Document

UW-Extension Governance
Groups Meeting Management
Philip Freeburg
Mary Detra
Dan Hill
November 15, 2013
via WisLine Teleconference
Intent of Open Meetings Law
The Open Meetings
Law is meant to
ensure:
– Advance public notice
of meetings,
– meetings are open and
accessible to the
public, and
– closed sessions are
limited.
–
–
–
–
Bodies subject to
the law
local governing bodies of general and
special purpose units of government,
their committees, commissions and boards,
special study and advisory committees
(including citizen members), and
corporations created by a governing body,
its committees, other sub-units or officials.
Meeting defined
Meeting = a gathering of
members of a
governmental body for
the purpose of
exercising its
responsibilities.
A meeting occurs when
both a purpose test
and a numbers test are
met.
The Two Tests
Numbers test = enough
members of a body
are present to
determine the
outcome of an action
Purpose test =
discussion,
information gathering
or decision-making on
a matter within the
jurisdiction of the
body.
Numbers Test
– By statute, if one-half of the members of
a body are present, there is a presumption
that a meeting has occurred, unless the
purpose test is not met.
– A lesser number of members may meet the
numbers test if they can affect the
outcome.
Quiz Question
• Are these
Academic Staff
Council
members in
violation of the
open meetings
law?
A. No. They are in a restaurant, not in a
government building where meetings are
scheduled.
B. No. They are having too much fun to be
discussing Council business.
C. Maybe. It depends on how large their
committee is.
D. Maybe. It depends on what they are talking
about.
E. C and D above.
Special Cases
Walking Quorum--A series of phone calls, emails or conversations to “line up votes” or
conduct other business, known as a walking
quorum, violates the law.
Phone conferences may constitute a meeting
if the numbers and purpose tests are met.
Public Notice Requirement
• Every meeting shall be
preceded by public notice.
– Separate notice for each
meeting.
Public Notice: What?
•
•
•
•
Time
Date
Place
Subject Matter
Public Notice: What?
Subject Matter
• Apprise public of what
will be deliberated.
•
Generally, only noticed
agenda items may be
discussed.
• Specific.
Which of these is an
appropriate agenda item?
A. Other business.
B. New business.
C. Other business as allowed by law.
D. Creation of a committee to investigate
performance review procedures.
E. Unfinished business.
Public Notice: When?
• At least 24 hours
prior (2 hours prior
for good cause).
Public Notice: To Whom?
•
Post in designated
location on first floor
of Extension Building.
• Must provide
notice to any
media requesting it.
Public Notice: By Whom?
• Chief presiding
officer.
• Or designee.
• Ultimate responsibility
rests with the chief
presiding officer.
Permitted closed sessions
Closed sessions are limited to those
authorized by statute.
• Deliberations concerning a judicial or
•
•
•
quasi –judicial “case”
Certain personnel matters including
employee discipline and licensing
Considering the granting or denial of
tenure
Ethics advice
Closed session procedures
 On the public notice.
 Convene in open
session.
 Announce authority
and purpose of
proposed closed
session.
 Close session by a
majority vote.
Closed session procedures



Objecting supervisors,
personnel essential to
closed discussion and
members of parent
body may remain.
Limit discussion to
announced items.
Do not reconvene in
open session unless
there has been prior
public notice.
Who may not be excluded from
a closed session of a committee?
A. The employee being evaluated.
B. Committee members who voted against
going into the closed session.
C. The Secretary of the Faculty and Academic
Staff.
D. A reporter from the campus newspaper.
Votes and Ballots
• Vote in open session unless the vote would
compromise the need for the closed session.
• Motions and roll call votes must be recorded,
preserved and open to public inspection.
Meeting minutes should document:
– proper notice,
– reasons for closed sessions, and
– related motions, votes and procedural
requirements.
Votes and Ballots
• No secret ballots,
except election of
officers.
• Any member may
request that a vote be
taken so that the vote
of each member is
ascertained and
recorded.
Open Meetings Law
Violations
A court may void a decision made at an illegal
meeting if the public interest in
enforcement of the Open Meetings Law
outweighs public interests in sustaining the
decision.
Penalties
Any member
• $25-$300 nonreimbursable forfeiture.
• Attorney’s fees may or
may not be reimbursable.
• Loss of public trust.
• Personal embarrassment.
Agenda
Purpose of the Agenda
• Sets the expectations for the members of the
governmental body and the public.
– Items of business that will be addressed.
– The order in which they will be considered.
Who Sets the Agenda?
• Presiding officer, or designee, is responsible
for developing the agenda and noticing the
meeting.
• Committees have varying procedures
regarding how agenda are developed.
• Advisable to have written procedures.
Who Sets the Agenda?
(Alternatives for Committees)
• Left to discretion of each committee chair.
• Chair and “secretary” develop agenda
jointly.
• Topics generated at end of each meeting.
Accessing the Agenda
• No matter what approach is taken…
– Individual members should know procedures
for contributing items to the agenda of an
upcoming meeting.
– Members can order that items be placed on the
agenda of a specific future meeting.
Common Elements and Sequence
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•
•
•
•
•
•
•
•
•
•
Call to order
Roll call (establish a quorum)
Certification of compliance with the Open Meetings Law
Approval of the agenda
Reading and approval of minutes
Reports of officers and standing committees
Reports of special (select or ad hoc) committees
Unfinished business (avoid this heading) and general orders
New business
Topics for upcoming meetings and set next meeting date
Adjourn
•Note: Italicized
items are not
specified in RONR
Elements and Sequence
(continued)
• Call to order
• Roll call
– In small boards and committees a roll call is not
necessary, simple statement that a quorum is
present.
• Certify that the meeting was properly noticed (Do
not vote on this item.)
Elements and Sequence
(continued)
• Approve Legally Noticed Changes in the
Agenda
– Simply means we agree to take up the items
and address them in the order presented.
– Not an opportunity to review the items and add
new ones.
• Approve Minutes of the Previous Meeting
– If sent in advance should take no more than a
minute.
Elements and Sequence
(continued)
• Unfinished business
– Not necessarily listed on agenda this way.
– Subject matter brought up at a previous
meeting, but needs further discussion or action.
• Items tabled, postponed, referred to a committee
• Items that will rescind or renew an action previously
decided.
• These all need to be specified on the agenda.
Elements and Sequence
(continued)
• New business
– Should not be listed on the agenda in this way.
– Do not use other “catch-all” phrases such as “Other
business,” “Any other business that may properly come
before the committee,” or “Any other business as
allowed by law.”
– Not an opportunity to address items not on the agenda.
Simply a category that includes subject matter that the
body has not taken up at a previous meeting.
Elements and Sequence
(continued)
• Set next meeting date
– Opportunity to decide/recommend what items
should be on the agenda for the next meeting.
• Adjourn
Elements and Sequence
Additional Thoughts
• Not required to follow the sequence in
RONR.
• Logic often dictates which items should
come first.
• May want to list in order of importance.
• Reports
– Another area with potential for violating the OML—list subject
matter of the report on the agenda.
Other Information to Include
•
•
•
•
•
Committee
Meeting date
Time
Place
Reason for meeting (regular/special)
Next Steps…
• Email the meeting notice to Mary Detra or
Judy Ballweg by noon on Thursday before
the meeting date.
• If changes are made to the notice after it is
sent.
• Send to Mary and Judy the complete
“revised” notice. Include annotation on the
revised agenda.
The Sources of Procedural Rules
• State statutes
• Local rules
• Robert’s Rules of Order
Get in Motion
1.
Obtain
Floor
2.
Make
Motion
3.
Motion
Seconded
4.
Chair
Restates
5.
Members
Debate
6.
Put to
Vote
7.
Members
Vote
8.
Result
Announced
1. Obtain Floor
• Typically, raising hand.
• Called upon by presiding officer.
2. Make Motion
• Proposal to take action.
• “I move that…”
• Clearly stated.
• Don’t make negative motions.
• Make positive motions.
• “ So Moved ”
3. Motion Seconded
• By another member.
• Worthy of debate.
• Needed to advance.
3. Motion Seconded
• By another member.
• Worthy of debate.
• Needed to advance.
• Ad hoc second.
• Not needed if committee recommendation.
4. Chair Restates
• Clarifies.
• “It has been moved and seconded that…”
• Transfers ownership of the motion to the
body.
5. Members Debate
• Fine tune the motion.
• May occur prior to a motion.
Side Trip on Debate
• Debate
• Discuss
• Problem Solve
• Focus on THIS topic—not last week’s vote.
• Address comments to presiding officer.
• Listen to understand.
You are presiding. After lengthy debate a
member says, “I call the question.” What
should you do?
A. Stare with amazement at the member who
knows so much about parliamentary
procedure.
B. Stop debate and take a vote.
C. Make sure the board is ready to vote.
D. Hand the gavel to the secretary.
E. Raise your eyebrows and ask, “What should I
call the question?”
6. Put to Vote
• “I call the question.”
• Ending debate.
• Chair prompts.
• “Any further discussion?”
• “Are you ready to vote?”
• “Any new points, before we vote?”
• Presiding officer may not end debate on
his/her own.
• Presiding officer restates the question
and effect of a “yes” or “no” vote.
7. Members Vote
• Votes can be taken in a variety of ways.
• Ask for votes on both sides.
8. Result Announced
• Presiding officer announces results
• Motion carried or failed.
• Number of votes on each side, if known.
• Effect.
Robert’s Rules of Order
• Ownership of the motion
• No “friendly amendments.”
• No single-handed withdrawal of a motion.
• Unanimous consent.
4.
Chair
Restates
Robert’s Rules of Order
5.
Members
Debate
• Only one MAIN motion can be pending at
any given time.
• Other classes of motions take
precedence over main motions.
• Subsidiary, privileged, and incidental
• Body as a whole must agree to end
debate.
• 2/3rds vote required to suspend rules and
close debate.
Robert’s Rules of Order
• Decisions can be reviewed
2.
Make
Motion
• Renew, rescind, amend.
• Reconsider
• Moved by a member who voted with prevailing side.
• Must be moved in a timely manner.
• Reopens debate; it does not change the decision.
• Contracts are still binding.
Chairperson’s Responsibilities
• Chairperson is responsible for the
agenda.
• Members may place items on agenda.
• What about voting?
The chair of a governance body:
A. Votes on all questions, unless there is a
conflict of interest.
B. Votes only in case of a tie.
C. Votes only when it will anger none of the
members.
D. Should not vote. This maintains the
appearance of impartiality.
Chairperson’s Responsibilities
• Chairperson is responsible for the
agenda.
• Members may place items on agenda.
• Chairperson has all the rights of
participation, including making and
seconding motions, and voting.
• Chairperson is responsible for
administering the group’s deliberations.
Chairperson’s Responsibilities
• Announces issues and keeps members
on track.
• Restates motions for clarity.
• Recognizes members.
• Seeks balance.
• Enforces group’s rules.
• Asks for votes on each side and
announces outcome.
Motions
• Required on substantive issues.
• Avoid negative motions, accepting
informational reports, reaffirming existing
policy.
• Should be stated fully and repeated by
chairperson, once seconded.
• Must be seconded, unless incidental.
Additional Key Points
• Quorum must vote.
• Not required to vote.
• Conflicts of interest must be disclosed.
Minutes
Purpose of the Minutes
• The official record of the proceedings of
the governing body.
– Accurate record that a meeting was held.
– Captures the substance of the official action
taken by the body.
What to Record
• Legal requirement– “Substance” of
proceedings.
• Roberts Rules of Order, Newly Revised
(RONR)
• These offer guidance, but are not
prescriptive.
What to Include from the Statutes
• “Substance”—an intelligible abstract or
synopsis of the essential elements of the
official action taken by a local governing
body, including the subject matter of a
motion, the persons making and
seconding the motion and the roll call vote
on the motion. { 985.01(6) }
RONR Recommendations
•
•
•
•
Kind of meeting.
Name of the organization.
Date, time, and place of the meeting.
Name of the presiding officer and the
secretary, or their substitutes.
• Members present and establishment of a
quorum.
RONR Recommendations
(continued)
• Action on the minutes of the previous
meeting.
• Exact wording of each motion, the name of
the maker, and whether it passed or failed.
• For reports, the name of the committee
and the reporting member.
• The hour of adjournment.
What Not to Include,
According to RONR
• Opinion or interpretation of the secretary.
• Judgmental phrases—”members
expressed total confidence”, “lengthy
report.”
• Discussion.
• Motions that were withdrawn.
• Detailed reports.
Core Concept
• Minutes should focus on what the body
did, not on what was said.
• What was:
– Announced
– Reported
– Discussed
– Ordered
– Commitments made
– Decisions made
Reports and Announcements
• Simply record that the body received the
report, who gave the report, and the
subject matter.
• Written reports can be kept on file.
• Body should not vote to accept or approve
the report.
Recommendations for Recording
Formal Decisions
• If a decision is made by unanimous consent, the
minutes should reflect it.
• Show the distribution of counted votes (“Motion
carried, 5-2”).
• Roll call vote – indicate how each person voted.
• Voice vote – indicate outcome and that voice
vote was taken (Motion carried, voice vote).
Recommendations for Recording
Formal Decisions
• Better to record “without negative vote”
rather than unanimous—unless you know.
• Must, in local government, record person
seconding (not in RONR). [ 985.01(6) ]
• As a recorder, make sure you get the
wording down before the vote is taken.
Approval of Minutes
• At the subsequent meeting of the body.
• Preferably, signed by presiding officer.
Correcting Minutes
• Minutes of Meeting B should show what
corrections were ordered in the minutes
of Meeting A.
• The original minutes of Meeting A should
be corrected so that the error remains
apparent.
• Retain original version in the minute book.
• Corrections may be made at any time.
Minutes of Closed Sessions
• Indicate in minutes that the presiding officer
announced in open session the subject matter
and the specific exemption allowing closure.
• The motion to convene in closed session and
the vote (taken so that each member’s vote can
be determined) must be recorded.
• As with open sessions, motions and votes must
be recorded.
• Written summary of the discussion is not
advisable in a closed session.
Quasi-Judicial Bodies
• Making a decision based on evidence.
• Minutes should reflect the basis for the
decision.
Other Issues
• Yes. You may interrupt, if necessary.
• Encourage the use of written reports that
are kept on file.
• Record the arrival and departure of
members during the meeting.
Resources:
–
Fact Sheet #1 Wisconsin Open Meetings Law
http://lgc.uwex.edu/program/pdf/fact103.pdf
Jim Schneider, UW-Extension Local Government Center
– Wisconsin Open Meetings Law: A Compliance Guide
http://www.doj.state.wi.us/AWP/2007OMCGPRO/2007_OML_Compliance_Guide.pdf
Wisconsin Department of Justice
Resources
• Recording the Proceedings: The Minutiae of Minute
Taking. Claire Silverman. 2002
http://www.lwm-info.org/legal/2002/02february/comment.html
• Dan Hill, UW-Extension Local Government Center, 232
Lowell Hall, 610 Langdon Street, Madison, WI 53703
Phone: 608-265-2852
E-Mail: [email protected]
Resources
A Guide to Parliamentary Procedure for Local
Governments in Wisconsin. Larry Larmer. 1998
Robert’s Rules of Order Newly Revised
11th Edition is the Current Edition (2011)
Dan Hill, UW-Extension Local Government Center
610 Langdon Street, Madison, WI 53703
Phone: 608-265-2852
E-Mail: [email protected]
http://lgc.uwex.edu/OpenGovt/effmtgs.html