Minutes 06/23/1959 - Laserfiche WebLink

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The following report-from Mr. P;E. Wnnkoski was read: "In response to the questions of parliamentary procedure relating to issues raised J by consideration of the proposed Fi~e Department ordinance, I submit the following summary as my report. The basic issues in question are by no men/is u~ique, or difficult of solution, if cer- ~nin fundamentals are kept in view. It should be remembered that the Council is goverRed by, in addition to higher authori-. ty, the Code of the City of Portsmouth and by Council's own adopted rules of procedure. Supplementary guidance is provided by Roberts Rules of Order as provided for under Section 2~23 of the City Code. Success in achieving the purposes for which the Council is constituted depends in n large mensure on adherence to these established rules Of procedure which embody the basic principles of (a) equal rights, (b) the rule of the m~jority, (c) the protection of the minority and (d) the orderly consideration of appropriate subjects. The burden of enforcing adherence to these rules is, u/Tder these same rules, placed on the presiding officer. When you accept these basic principles, you can, upon that foundation, develop the propriety, or 'impropriety of actions relative to the proposed Finance Department Ordinance. While the observations expressed in this letter are based on documentation contained -in the City Code, the Rules of Council and gobert's R~tes of Order, additional supporting documentation of basic principles may be found in Cannon's 'Procedure in The ~ouse of Representatives' by the Honorable Ct~rence Cannon~ Demeterts fParlismentary Law and Procedure', Cushing's 'Parliamentary Law' and numerous other authoritative writings on this subject. There is but lit~te doubt that the language of the proposed ordinance would, in fact, contravene, nollify, or otherwise ~lter the intents and purposes of existing cedes and rules. Specific reference here is to Sections 2-15, 2-16 and $-~0 of the City Code. Section 2-15 of the City Code decrees, "No rule of the Council, included in this division, shall be suspended without the concurrence of two-thirds of its members elected". Further, Robert's Rules of Order, Section 22, provides, "No r~le can be suspended when the negative vote is as large as the minority protected by' tha~ rule", Briefly then, in the absence of valid suspension of rules, the protective clauses contained in Sections 2-1S~ a/Id 8-20 remain in full force and invulnerable to change, by either direct or indirect action, except by a 'favorable vote of two-thirds of the members elected. This requirement is clearly stipu/ated in Sections 2-16 and 8-20 ~md~ needs no further elaboration. To reiterate an earlier observation, the burden of enforcement of rules rests on the presiding officer. This he must do without delay. (See Robert's Rules of Order, Sectio~ 21) Furthermore, the rules he is obliged to enforce mre the result of actions by the body, ahd upon adoption, become established fact. The unadorned truth is,~.there can be ~o appeal from fact. Appeal~ ~from the decision of the Chair can be taken only on matters of judgment, or opinion, no~ of fact. Established facts or truths can not be changed or norreered as ~an judgments, or opir~ons, hence no appeal can be taken from incontrovertible or indisputable facts or truths. In addition, no motion is in order that conflicts with the laws of the nation or the State, or with the assembly's own rules, and if such a motion is adopted, even by a unanimous vote, it is null and void. (See Robert's Rules of Order, Section 21 ~nd 47) That portion of the proposed ordinance which would contravene Sections 2.-16 and 8-20 of the Code falls into this category. Therefore, an appeal from an enforcement ruling would he a superfluous action and any consideration of the sufficiency of the 4 to 3 vote would, by the sume token, be superfluous also. The remaining question ~s 'What whole number constitutes two-thirds of seven'? Robert's Rules of Order, Section 48, answers and illustrates this question very clearly by stating that ~en is two-thirds of fourteen. The obvious conclusion,~ therefore, is that five'is two-thirds of seven. A fuEcther illustration establishes the number 47 as being two-thirds cf ?0. The one co,on factor fou/~d in both examples is the treat- ment of the fractions. In each instance the fraction is carried forwurd and becomes the ne~r~ higher whole number~ 9 1/3 becomes I0 and 46 2/3 becomes 47. The significant fact here is, that regardless of its individnal value, a fraction is counted as the next higher whole number for the purpose of deterrad~' the nkmber required to con- stitute a two-thirds in counting a vote. In conclusion, since SeCtion 2-~3 adopts Robert's Rules of Order to govern in all cases not inconsistent with the rules ef the Council, it is therefore determined that 5 is properly two-thirds of ? whenever a two-thirds majority vote is required. I trust the information given here will contribute to the solution of the problem. (Signed) P.E. Wnukoski." The Chair thanked ~r. Wnokoski for his report ~nd stated that the report of the parlia- mentarian is received by the President of the Council and~the Chair gives its full concurrence in the report. It is therefore the ruling of the Chair that the motion made by ~r. Bartlett .a~pealinE the rule of the Chair was out of order. Motion of Mr. Walker that an ordinance be placed on first reading to amend sections g-1 through 8-46, excluding 8-20, of Chapter 8 of the Code of the'City of Portsmouth, Va., 1951 by adoption in lieu thereof of Sections 8-1.1 through 8,-1,54 excluding $-l. Zl; as contained herein, establishing the Department of ~inanee of the City Government, prescribing the duties and powers of the officers therein named and providing pehalties for violations thereof. Motion of Mr. Bartlett to amend Mr. Walker's motion by inserting the following section in the ordinance, was adopted, and by the following vote: "8-1.21 - Appropriation Ordinances o~ Resolutions. No ordinance or ~esolution appropriating money, other than that provided for in the monthly, quarterly, sem~-annual or annual appropriation ordinanDes, shall be valid unless it shall be passed by the recorded affirmative vo~e of two-thirds of all the members elected to the Council." Ayes: Baker, Bartlett, Breedlove, Seward, Smith, Walker, Weiseman Nays:. None Mr. Bartlett stated that since the City Manager needs the ordinance by July 1st for the proper operation of the City's financial affair s, he would yield the position taken ar the last Council meeting in order to have an affirmative vo~e on the ordi~Lance sufficient to allow the effectiveness of the emergency On motion of Mr. Walker, the ordinance, as amended, was adopted, and by the roller.lng