Requests and inquiries
Requests and inquiries, in parliamentary procedure, are non-debatable, non-amendable motions used by members of a deliberative assembly to obtain information or to do or have something done that requires permission of the assembly.
Contents
Explanation and use
At a meeting, members may want to obtain information or request to do something that requires permission from the assembly. These requests and inquiries are in order when another has the floor if they require immediate attention. The requests and inquiries include a parliamentary inquiry, request for information, request for permission to withdraw or modify a motion, request to read papers, and request for any other privilege.[1] A request to be excused from a duty does not fall in this category of motions because it is debatable and amendable.[2]
Parliamentary inquiry
Class | Incidental motion |
---|---|
In order when another has the floor? | Yes |
Requires second? | No |
Debatable? | No |
Amendable? | No |
Vote required | Is not voted on, but is responded to by chair |
A parliamentary inquiry is a question directed to the presiding officer of a deliberative assembly to obtain information on a matter of parliamentary law or the rules of the organization bearing on the business at hand. The primary purpose is to enable members to obtain the chair's guidance on parliamentary matters about which they are uncertain.[3]
A parliamentary inquiry is sometimes used as a tactful alternative to a call for the orders of the day, or a point of order.[3]
Mason's Manual of Legislative Procedure notes, "It is not, however, the presiding officer's duty to answer general questions concerning parliamentary law."[4] Per RONR, the chair is also not obligated to answer hypothetical questions. This motion is made by saying, "Mr. Chairman, I rise to a parliamentary inquiry."[5]
Request for information
Class | Incidental motion |
---|---|
In order when another has the floor? | Yes |
Requires second? | No |
Debatable? | No |
May be reconsidered? | No |
Amendable? | No |
Vote required | Is not voted on |
In U.S. parliamentary procedure, a request for information is a request directed to the chair, or through the chair to another person, for information relevant to the business at hand. Until the publication of the 11th edition of Robert's Rules of Order Newly Revised published in September 2011, this device has been known as the "point of information." The change was made in order to avoid the common misperception that the "point of information" permitted the maker to engage in debate in the guise of "providing information."[6]
The information sought in the request generally pertains to the substantive matter under discussion, and therefore the request is distinct from a parliamentary inquiry, which requests information related to parliamentary procedure. If another member responds to the question, then any time he spends doing so is taken out of his allowed time. Accordingly, if a request for information is used to interrupt someone's speech to ask them a question, the chair asks the member if he is willing to be interrupted. A request for information can be used to remind a member of a point to be made in argument or with the intention of rebutting his position, but it must always be put in the form of a question.[7]
Mason's Manual notes, "If members desire to ask a question of other members, they may do so through the presiding officer, but it is discourteous and a strict violation of parliamentary rules to ask questions directly of a member...If the first reply does not fully answer the question, it is the practice to permit a limited number of further questions to be asked." Further restrictions are that questions addressed to members may be related only to a question before the body; that a question reflecting upon the character or conduct of any member or upon the executive or another official, or inquiring as to what course a member proposes to follow, is not permitted; and that purpose of the question must be to obtain information and not to supply it to the body. Accordingly, a question may not contain statements of fact unless they are necessary to make the question intelligible, and can be authenticated. Nor may a question contain arguments. A question, then, is distinct from debate. A member is entitled to inquire concerning the meaning or purpose or effect of an undebatable motion.[8]
Request for permission to withdraw or modify a motion
Class | Incidental motion |
---|---|
In order when another has the floor? | If not granted by unanimous consent, can be moved by person requesting permission, or by another while the former has the floor |
Requires second? | Yes, if motion is made by person requesting permission; no, if made by another member |
Debatable? | No |
May be reconsidered? | As to withdrawal, negative vote only; as to modification, yes |
Amendable? | No |
Vote required | Majority |
In a deliberative assembly, the motion of request for permission to withdraw or modify a motion is made if the maker of the motion wishes to withdraw or change it after it has been stated by the chair.
Using Robert's Rules of Order Newly Revised (RONR), before a motion has been stated by the chair, permission is unnecessary for the maker of the motion to withdraw it or modify it.[9] After a motion is place before the assembly, permission from the assembly is required to withdraw it or modify it.
Sometimes a "friendly amendment" is requested on a pending motion. If the motion is before the assembly, only the assembly (not the maker of the motion) could modify it.[10]
Request to read papers
The motion to request to read papers is used to allow a member of a deliberative assembly to read from a paper, book, manuscript, newspaper, or other document as part of his speech.
Class | Incidental motion |
---|---|
In order when another has the floor? | If not granted by unanimous consent, can be moved by person requesting permission or by another while the former has the floor |
Requires second? | Yes, if motion is made by person requesting permission; no, if made by another member |
Debatable? | No |
May be reconsidered? | Yes |
Amendable? | No |
Vote required | Majority |
Normally, this motion is handled as a matter of unanimous consent.[11] The reason for requiring this motion to be made is to prevent such readings from being done as a dilatory tactic.
Under Demeter's Manual, by default, a member can read from such documents, but must stop if an objection is made, seconded, and adopted by majority vote. Referring to one's notes does not constitute reading, and the reading of written or printed reports of officers or committees from paper, yearbook, etc. is not subject to such objection.[12]
Mason's Manual of Legislative Procedure states:[13]
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A member has no right to read, or have the clerk read, from any paper or book, or to use any electronic recording as a part of a speech, without the permission of the body. However, this rule is never rigorously enforced except where there is an intentional or gross abuse of the time and patience of the body. It is customary, however, to allow members to read printed extracts as part of their speeches, as long as they do not abuse the privilege. Members do not have the right to read their own written speeches, without permission of the body. This also is to prevent the abuse of time, and therefore should not be refused except where the privilege is abused. Members are entitled to speak from notes.
Request for any other privilege
Class | Incidental motion |
---|---|
In order when another has the floor? | Yes |
Debatable? | No |
May be reconsidered? | Yes |
Amendable? | No |
Vote required | Majority vote, although usually handled by unanimous consent |
In a deliberative assembly, a request for any other privilege is used when one wishes to, for instance, make a presentation when no motion is pending.
Generally, these requests are handled by unanimous consent.[14] Otherwise, a majority vote would grant the request.
Demeter's Manual notes that requests for any unallowable purpose need unanimous consent, and a single objection defeats consent, unless the organization's laws or the assembly's usual practices allow otherwise. An example might be a request to have a nonmember address the body. Demeter notes further:[15]
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To prevent delays which can arise out of such requests, but yet to give ear to meritorious ones, sagacious and alert members can rise and say: "Mr. Chairman, reserving the right to object, for what purpose does he want the floor," or "What will Mr. X discuss?" He is thus qualified to object if the purpose is not meritorious.
References
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- ↑ Robert 2011, p. 290
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- ↑ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 192
- ↑ Robert 2011, p. 294
- ↑ Robert 2011, p. xxvi
- ↑ Robert 2011, p. 295
- ↑ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 93–95
- ↑ Robert 2011, p. 296
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- ↑ Robert 2011, p. 298
- ↑ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 143
- ↑ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 90–91
- ↑ Robert 2011, p. 299
- ↑ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 146