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What is House of Delegates?
What is House of Delegates?
The COA House of Delegates (“House”) is truly where COA members take ownership of the association. As COA’s official policy-making body, the House consists of delegations of COA members from each local optometric society who meet once a year to vote on COA policy resolutions and bylaws amendments, adopt the association’s budget and elect COA’s trustees, officers and the following year’s House speaker and vice speaker.
All members of the House are charged with the duty to consider the welfare of the association, the profession of optometry as a whole, improvement of the health of the public and the wishes of their societies.
The House is a forum for discussion where all members serving as delegates may speak and vote. Being a delegate is an important responsibility because you represent the membership. As a delegate, you debate the issues, make the amendments and cast the votes that shape COA’s policies. Most importantly, you have the right to write and submit resolutions and bylaws amendments to the House. We encourage everyone to assert their right to submit and debate resolutions and bylaws amendments.
COA’s policies are created and changed by the House. This body determines COA’s official views on all issues. By contrast, COA’s Board of Trustees (BOT) is charged with managing COA’s corporate affairs and day-to-day business in a manner consistent with general COA policy. Because the House is similar in concept to the United States Congress, COA’s policies are set when its members submit resolutions and bylaws amendments to the House of “representatives.” Similar to a bill in Congress, a resolution or bylaws amendment is a call for COA to endorse a certain principle, change its internal structure, or even eliminate a past policy that no longer represents the current view of the membership.
Resolutions and bylaws amendments are sent to the societies well in advance of the scheduled meeting of the COA House of Delegates. Each society designates its official delegation, whose responsibilities include coordinating a discussion of the proposed resolutions and bylaws amendments. Local societies should then consider, discuss and vote on each resolution or bylaws amendment prior to convening of the House, thus instructing their delegation how to vote.
What are policy resolutions?
What are policy resolutions?
In the broadest sense, a “policy” is a broad statement that informs the decision-making and action of the BOT, its standing committees, and other COA entities. More information on how to write and submit policy resolutions here.
The COA House of Delegates is responsible for several types of policy resolutions:
1. Statements on the profession's standards of practice that provide direction to member doctors of optometry.
2. Position statements on external issues affecting the profession.
3. Statements on the organization, governance, and functioning of the organization.
4. Directives are statements by the House to the BOT about actions that the organization or the BOT should take; for example, study an issue and report to the House or advocate a specific position.
Proposed resolutions require the support of a simple majority of the House to be adopted, except as otherwise indicated in COA’s bylaws.
What are bylaws and how can they be amended?
What are bylaws and how can they be amended?
Bylaws are a required element when forming a corporation. Bylaws are the written rules and procedures for how a nonprofit corporation will operate and be governed. They serve as an agreement or contract between the corporation and its owners to conduct itself in a certain way. While for a commercial business, the owners are its shareholders, the ownership of a nonprofit corporation such as COA belongs to the members. COA’s bylaws are a legal document outlining the membership’s self-imposed rules that regulate the Association’s operations, governance and actions. They are broad statements that will remain relevant for several years. COA’s bylaws can only be amended by action of the COA House of Delegates. Read more about writing and submitting a bylaws amendment here.
COA’s bylaws are organized into the following categories or “articles”:
I. Membership
II. Voting Power
III. Meetings of Members
IV. Corporate Duties and Powers
V. Officers
VI. Committees and Councils
VII. Executive Director
VIII. Code of Ethics
IX. Dues
X. American Optometric Association
XI. Miscellaneous
XII. Amendments of Bylaws
XIII. Sections
The process for amending COA’s bylaws appears in Article XII of that document. Societies may submit bylaws amendments to the COA Board of Trustees, through the COA office not less than 60 (sixty) days prior to the convening of the COA House of Delegates.
Bylaws amendments may also be proposed by the BOT. The BOT shall submit all proposed bylaws amendments to the COA secretary-treasurer not less than 60 (sixty) days prior to the convening of the COA House of Delegates. The same process and deadlines hold for resolutions regarding dues increases or the establishment of special assessments.
The societies will receive notice of the proposed amendments no later than 45 (forty-five) days before the start of the COA House of Delegates meeting. A two-thirds (2/3) vote of the HOD is necessary to amend bylaws, except for proposed amendments to Article VIII, “Code of Ethics,” which requires a three-fourths (3/4) vote to be adopted.
How does the House operate?
How does the House operate?
Since the House normally meets only once a year, many important issues must be considered, and decisions must be made at its annual session. The volume and complexity of the issues placed before the House make them impossible to handle without having a well-established routine for conducting business. This routine demands the close cooperation of the delegates to the House, the BOT, officers, and COA staff.
Except where inconsistent with COA bylaws, the House is governed in all its deliberations by Robert’s Rules of Order, Newly Revised, as amended occasionally. Robert’s Rules of Order provides common rules and procedures for deliberation and debate in order to place the entire delegation on the same footing and speaking the same language. The conduct of all business is controlled by the general will of the entire delegation - the right of the deliberate majority to decide. Robert's Rules of Order provides for constructive and democratic meetings and is designed to advance, not hinder, the assembly's business. Under no circumstances should "undue strictness" be allowed to intimidate delegates or limit full participation.
Before considering any business, the House of Delegates will approve its rules of procedure or “standing rules.” These rules, formally known as “Standing Rules of the House of Delegates,” may alter yearly and are intended to facilitate business before the House.
The fundamental right of the COA House of Delegates as a deliberative assembly is to require all questions to be discussed to the satisfaction of its delegates before action is taken. It should be remembered that the assembly rules and has the final say on everything. Silence means consent.
Before the House convenes its annual meeting, local societies should discuss the proposed resolutions and bylaws amendments with their delegations to reach a consensus. Before a vote in the House, resolutions and bylaw amendments will be discussed on the floor of the House and, as necessary, in reference committees. The reference committees are composed of three or more.
COA delegates or alternates appointed by the speaker who read, take testimony on, and present recommendations about the bylaws, amendments, or resolutions to the full House (again, like congressional committees). The author of the proposed resolution or bylaws amendment is expected to submit oral testimony to the reference committee on the rationale of the proposed resolution or bylaws amendment.
Resolutions and bylaw amendments submitted by the deadline will be submitted to a reference committee before the House of Delegates to review the proposals for clarity and potential conflicts with existing COA policies or rules and state or federal laws.
During the reference committee hearings, open to all authorized to attend the COA House of Delegates, members may also give their testimony and opinions about the proposed resolutions or bylaws amendments, either as individual members or as representatives for their society.
If necessary, the reference committee then meets in private to consider the testimony and prepare a report recommending that a resolution be adopted, rejected, amended, postponed indefinitely, or replaced by a substitute resolution to the House.
The House should consider the recommendations of the reference committee but is not obligated to support them.
Reference Committees
Reference Committees
Delegates or alternates who want to gain in-depth exposure to COA’s policy-making process can volunteer to serve on a reference committee by submitting their name to the speaker of the House. Each reference committee is responsible for collecting the testimony of delegates, members, and other interested parties within its jurisdiction and making formal recommendations to the House to accept as written, amend, or reject each proposed resolution or bylaws amendment. This process entails work but provides a unique experience.
Each reference committee comprises an odd number of delegates, e.g., a chairperson and at least two others. There may be as many as three or four committees, each focusing on topics such as finance, membership categories and dues, external policy (e.g., the definition of a comprehensive eye exam), and the regulation of the optometric profession.
Resolutions and bylaw amendments will be submitted to a reference committee before the House considers them. The reference committee's role at this point is to work with the author(s) to review the proposed resolutions and bylaw amendments to determine if they conflict with existing COA policies, bylaws, or state or federal rules and propose language changes to clarify the proposal’s meaning, if necessary. However, the committee is not empowered to change the proposal's intent.
If necessary, each reference committee will hold an open meeting at the House to hear testimony concerning the proposed resolutions and bylaws amendments. During the reference committee hearings, open to all authorized to attend the COA House of Delegates, members may also give their testimony and opinions about the proposed resolutions or bylaws amendments either as individual members or as representatives of their society. The committee will work with the supporters and opponents to develop a mutually agreeable proposal.
Following the open hearing, the reference committee retires to write its formal report and recommendation to the House in a closed session. Writing recommendations is the most important part of the job, as the committee must consider the testimony of members with current COA policy and synthesize an appropriate recommendation to present to the House. The chair of the reference committee may enlist the help of COA trustees, officers, or staff to clarify related issues or assess an action's financial impact.
The reference committee’s final responsibility is to attend the House session when its recommendations are presented by the chairperson to address any questions from the delegates.
At the COA House of Delegates Meeting
At the COA House of Delegates Meeting
Reference Committees – Pre-House of Delegates Meeting - The reference committees will review the proposals before the COA House of Delegates meeting for factual content to determine if they conflict with existing COA policies, bylaws, or state or federal rules and propose language changes, if necessary, to clarify the meaning or intent of the proposal. Notwithstanding the foregoing, the committee may not change opinions or perceptions expressed or the proposal's intent. The reference committees shall recommend to the speaker the prioritization of resolutions and bylaws amendments submitted for discussion during the first session of the House.
First Floor Session - During the first session of the House, all proposed bylaws, amendments, and policy resolutions will be introduced. Delegates will consider, debate, and perhaps vote on the proposals in the order established by the speaker during the first session.
Introduction of Late Policy Resolutions - Proposed policy resolutions may be introduced from the COA House of Delegates meeting floor. However, a two-thirds affirmative vote is required for late resolutions to be considered as official business. Proposed bylaws amendments submitted after the above-stated deadline will not be considered.
Proposed Policy Resolutions and Bylaw Amendments Assigned to Reference Committees - If not resolved, i.e., approved or rejected, on the House floor during the first session of the meeting, the reference committee(s) assigned the particular proposal(s) will meet in open session to take further testimony on the issue. The reference committee(s) will work with the author(s) and opponent(s) of a policy resolution or bylaw amendment in an attempt to find a mutually agreeable proposal. Following the open hearing, the reference committee will meet in closed session to consider the testimony and other relevant information and prepare its report.
Reference Committees Open Session - Proposals not resolved on the House floor during the first session will be referred to a reference committee for open session hearings to take testimony from the sponsor(s) of the proposal, the COA Board of Trustees, societies, and individual members who want to give testimony.
Reference Committees Closed Session - If agreement is not reached, reference committees convene in closed session to assemble all of the testimony and prepare a formal report and recommendation on each resolution.
Reference Committee Report -The chairperson of each reference committee reports to the House. When the reference committee's report is discussed on the House floor, any delegate can speak or propose changes to bylaws, amendments, or resolutions. Each reference committee’s recommendation may be accepted, amended, or rejected by a vote of the House. A new COA policy is established if the resolution or bylaws amendment is adopted.
Second Floor Session - During the second session of the COA House of Delegates meeting, the reference committee(s) will present their recommendation for each proposal: adoption, rejection, adoption as amended, postpone indefinitely, or referral. Additionally, testimony or amendments may be offered at this time. A final vote will be taken and if a policy resolution or bylaw amendment is adopted, unless otherwise stated in the proposal, it goes into effect immediately as official COA policy (policy resolutions) or a bylaw.
Summary of Robert's Rules of Order
Summary of Robert's Rules of Order
Note: The official Robert’s “Motions Chart” can be found here.
Obtain the floor (the right to speak) by being the first to stand at the microphone and being recognized by the speaker of the House.
Debate can not begin until the speaker has stated the motion or resolution and asked "are you ready for the question?" If no one objects, the speaker calls for the vote.
Before the motion is stated by the speaker (the question) members may suggest modification of the motion (friendly amendment); the mover can modify as he pleases, or even withdraw the motion without consent of the seconder; if mover modifies the motion, the seconder can withdraw the second if he/she is not in agreement.
The "immediately pending question" is the last question stated by the Speaker Motion/Resolution - Amendment - Motion to Postpone
The member moving the "immediately pending question" is entitled to preference to the floor.
No member can speak twice to the same issue until everyone else wishing to speak has spoken to it once.
All remarks must be directed to the speaker. Remarks must be courteous in language and deportment - avoid all personalities, never allude to others by name or to motives.
The agenda and all committee reports are merely recommendations. When presented to the assembly and the question is stated, debate begins and changes occur.
The Rules
The Rules
Point of Personal Privilege: Pertains to noise, personal comfort, etc. - may interrupt only if necessary.
Parliamentary Inquiry: Inquire as to the correct motion - to accomplish a desired result, or raise a point of order.
Point of Information: Generally applies to information desired from the speaker: "I should like to ask the (speaker) a question."
Orders of the Day (Agenda): A call to adhere to the agenda (a deviation from the agenda requires Suspending the Rules).
Point of Order: Infraction of the rules, or improper decorum in speaking. Must be raised immediately after the error is made.
Main Motion: Brings new business (the next item on the agenda) before the assembly.
Divide the Question: Divides a motion into two or more separate motions (must be able to stand on their own).
Consider by Paragraph: Adoption of the text of a resolution is held until all paragraphs are debated and amended and the entire resolution is satisfactory; after all paragraphs are considered, the entire resolution is then open to amendment, and paragraphs may be further amended. Any Preamble (“whereas” phrases) cannot be considered until debate on the main motion (“be it resolved” phrases) has ceased.
Amend: Inserting or striking out words or paragraphs, or substituting whole paragraphs or resolutions.
Friendly Amendment: An amendment offered by someone in sympathy with the purpose of the main motion, in the belief that the amendment will either improve or clarify the statement.
Withdraw/Modify Motion: Applies only after question is stated; mover can accept an amendment without obtaining the floor
Commit /Refer/Recommit to Committee: State the committee to receive the question or resolution; if no committee exists include size of committee desired and method of selecting the members (election or appointment).
Extend Debate: Applies only to the immediately pending question; extends until a certain time or for a certain period of time.
Limit Debate: Closing debate at a certain time, or limiting to a certain period of time.
Postpone to a Certain Time: State the time the motion or agenda item will be resumed.
Object to Consideration: Objection must be stated before discussion or another motion is stated.
Lay on the Table: Temporarily suspends further consideration/action on pending question; may be made after motion to close debate has carried or is pending.
Take from the Table: Resumes consideration of item previously "laid on the table" - state the motion to take from the table.
Reconsider a Motion: Can be made only by one on the prevailing side who has changed position or view.
Postpone Indefinitely: Kills the question/resolution for this session - exception: the motion to reconsider can be made this session.
Previous Question: Closes debate if successful - may be moved to "Close Debate" if preferred.
Appeal Decision of the Speaker: Appeal for the assembly to decide - must be made before other business is resumed; NOT debatable if relates to decorum, violation of rules or order of business.
Suspend the Rules: Allows a violation of the assembly's own rules (except Constitution); the object of the suspension must be specified.
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