2021 DACN NEC Parlimantarian:
William J. Puette, Ph.D.
Professional Registered Parliamentarian (NAP)
Certified Parliamentarian (AIP)
Honolulu, Hawai‘i
Honolulu, Hawai‘i
Notes from Dr. Puette regarding DACN bylaws:
. The DACN Bylaws (Article XVI 16.2 and 16.3) Authorize the NEC to decide how to organize and administer the election, subject to thy Bylaws and DA rules governing Country Committee elections; and to notify the members of DACN of the election and election procedures no less than thirty (30) days prior to the election. None of the documents you sent me are clearly identified by title as the DACN May 23, 2021 Election Procedures. I would assume that the undated file entitled “2021 DA NEC call for nominations” is intended to be the election procedures as described in 16.2 and 16.3.
2. The plan to have the NEC take over as presiding officers does not appear to be in “2021 DA NEC call for nominations” needs to be adopted as a special rule or a suspension must be adopted since RONR would not otherwise allow it for the following reasons:
According to RONR (12th ed.) 47:10, “Whenever a motion is made that refers only to the presiding officer in a capacity not shared in common with other members, or that commends or censures him with others, he should turn the chair over to the vice-president or appropriate temporary occupant (see below) during the assembly’s consideration of that motion, just as he would in a case where he wishes to take part in the debate (see also 43:29–30). The chair, however, should not hesitate to put the question on a motion to elect officers or appoint delegates or a committee even if he is included.”
And according to RONR (12th ed.) 47:12 ”The practice in some organizations of permitting the chairman of a committee to preside over the assembly or put questions to vote during the presentation and consideration of the committee’s report violates numerous principles of parliamentary law relating to the chair’s appearance of impartiality and the inappropriateness of his entering into a debate, not to speak of the regular presiding officer’s duty to preside (see 47:5–7).
It is my opinion, therefore, that NEC can only assume the role of presiding officers by suspending these rules which could be done at the beginning of your report by seeking unanimous consent to approve these procedures in addition to the procedures sent out earlier. eg. “If there is no objection the committee recommends that NEC will preside during this elections to avoid the potential of a conflict of interest.” then, after a pause, say “Thank you, there being no objection the NEC will preside during the elections.” If there is an objection, move that recommendation on behalf of the committee.
Since the elections are scheduled to come up after the proposed Bylaw amendments, the vote on the bylaw amendments would indicate the support for such a suspension.
In any event, if a point of order is raised, about this question, I would have to advise as above.
Furthermore, based on our conversation yesterday I am attaching to this email educational handouts on the Duties of the Presiding Officer and on remedies for abuse of the chair’s authority.
2. The plan to have the NEC take over as presiding officers does not appear to be in “2021 DA NEC call for nominations” needs to be adopted as a special rule or a suspension must be adopted since RONR would not otherwise allow it for the following reasons:
According to RONR (12th ed.) 47:10, “Whenever a motion is made that refers only to the presiding officer in a capacity not shared in common with other members, or that commends or censures him with others, he should turn the chair over to the vice-president or appropriate temporary occupant (see below) during the assembly’s consideration of that motion, just as he would in a case where he wishes to take part in the debate (see also 43:29–30). The chair, however, should not hesitate to put the question on a motion to elect officers or appoint delegates or a committee even if he is included.”
And according to RONR (12th ed.) 47:12 ”The practice in some organizations of permitting the chairman of a committee to preside over the assembly or put questions to vote during the presentation and consideration of the committee’s report violates numerous principles of parliamentary law relating to the chair’s appearance of impartiality and the inappropriateness of his entering into a debate, not to speak of the regular presiding officer’s duty to preside (see 47:5–7).
It is my opinion, therefore, that NEC can only assume the role of presiding officers by suspending these rules which could be done at the beginning of your report by seeking unanimous consent to approve these procedures in addition to the procedures sent out earlier. eg. “If there is no objection the committee recommends that NEC will preside during this elections to avoid the potential of a conflict of interest.” then, after a pause, say “Thank you, there being no objection the NEC will preside during the elections.” If there is an objection, move that recommendation on behalf of the committee.
Since the elections are scheduled to come up after the proposed Bylaw amendments, the vote on the bylaw amendments would indicate the support for such a suspension.
In any event, if a point of order is raised, about this question, I would have to advise as above.
Furthermore, based on our conversation yesterday I am attaching to this email educational handouts on the Duties of the Presiding Officer and on remedies for abuse of the chair’s authority.
Please refer to the commonly asked questions for more information here and for the list of candidates please visit the updated list here.
The Zoom details are:
https://us02web.zoom.us/j/82478006912?pwd=WEh6K1pzTlU1L2FxRThTSlhkN0FwUT09
Meeting ID: 824 7800 6912
Passcode: 020965
The backup ONLY WebEx details are:
- Meeting number = 1728283659
- Meeting Password = dems
- Meeting URL: https://democratsabroad.webex.com/democratsabroad/e.php?MTID=m6d3f3229c13d43fae84bf56b6be29493