appeal
DESCRIPTION
Appeal. A motion used to determine whether or not a decision by the chair is valid or correct. Appeal. Characteristics: Takes precedence over any question pending at the time. Yields to Question of Privilege. Yields to Incidental motions arising out of itself. Must be seconded. - PowerPoint PPT PresentationTRANSCRIPT
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T1
Appeal
• A motion used to determine whether or not a decision by the chair is valid or correct.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T2
Appeal
• Characteristics:– Takes precedence over any question pending at
the time.• Yields to Question of Privilege.
• Yields to Incidental motions arising out of itself.
– Must be seconded.– Is not amendable.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T3
Appeal
• Characteristics:– Is debatable unless:
• Made during a ‘Division of the House.’
• Relates to rules of speaking.
• Is made on a nondebatable question.
– A majority or a tie vote sustains the decision of the chair.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T4
Appeal
• Characteristics:– If an appeal is debatable:
• No member is allowed to speak more than once, except the chairperson.
• Chair has preference in debate.
– Can be reconsidered.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T5
Appeal
• Uniqueness:– Members have no right to critique a ruling of
the chair unless they appeal from his decision.– An appeal that is not debatable and yields to no
subsidiary motions.– Even when the appeal is not debatable, the
chair can give the reasons for his decision.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T6
Appeal
• Uniqueness:– An appeal that is debatable yields to the
following subsidiary motions in accordance to the order of precedence of motions:
• Refer to Committee
• Postpone Definitely
• Previous Question
• Lay on the Table
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T7
Appeal
• Uniqueness:– A member can appeal to a ruling from the chair.– No appeal can be made from the chair’s
response to an Inquiry or Point of Information.– Chair is entitled to speak first and last in
regards to an appeal.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T8
Appeal
• Form:– Member (without being recognized): “I appeal
the decision of the chair.”– Chair: “Is there a second to the appeal?”– Once seconded, the chair announces: “Shall the
decision of the chair be sustained?”
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T9
Appeal
• Form:– After debate, the assembly votes.– The chair is either sustained or not sustained.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T10
Point of Order
• This devise should be used when a member thinks that the rules of the assembly are being violated.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T11
Point of Order
• Characteristics:– Takes precedence over any pending question
out of which it arises.– Is in order when another has the floor, even
interrupting a person speaking.– Does not require a second.– Is not amendable.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T12
Point of Order
• Characteristics:– Is not debatable, unless the chair submits the
point to a vote of the assembly.– Is normally ruled upon by the chair.– Cannot be reconsidered.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T13
Point of Order
• Uniqueness:– Must be raised promptly at the time the breach
occurs.– The chair can seek advise from experienced
members who are present.– If you are not satisfied with the chair’s
decision, you can appeal.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T14
Point of Order
• Uniqueness:– If the chair is in doubt, the Point should be
placed before the assembly.– There cannot be two appeals on the floor at the
same time.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T15
Point of Order
• Form:– Member (without being recognized): “I rise to
a Point of Order.”– Chair: “State your point.”
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T16
Division of the House
• The objective of the motion is to verify the accuracy of a vote by a rising vote.
Parliamentary Procedure
Model Agricultural Core Curriculum: Supplement
University of California, Davis525.T17
Division of the House
• Characteristics:– Takes precedence over any motion on which a vote
is being taken or has just been taken.– Is in order when another has the floor.– Is not amendable.– Is not debatable.– Does not require a vote– May not be reconsidered.