Wehe ʻia Kaʻahua ʻŌlelo Mua o ka Panalāʻau Me Ka ʻEʻehia. Alakaʻi ʻia ka Senate Hon. Wm. White o ka Malu Ulu o Lele. — Hon. Dr. Russell, ka Peresidena Kūikawā ā o F. J. Testa Kakau ʻŌlelo. "Independent Home Rule Party leaders White, Russel, and Testa Open Hawai‘i’s First Territorial Legislature with Dignity," Nūpepa Kūʻokoʻa, 2/22/1901
All proceedings of meetings of the League and of the Executive Council shall be governed by the usual decorum and rules of Parliamentary Usage.
Papa Hana Paʻalula - Formal Procedure
A parliamentary authority is a published manual of standardized meeting procedures called rules of order. A parliamentary authority is a codification of the general law of parliamentary procedure which carries the weight of common law. This body of law is therefore referred to as the general parliamentary law, or common parliamentary law, for short. The most widely available and utilized parliamentary authority is Robert's Rules of Order Newly Revised, abbreviated RONR. The first edition was published in 1876, and the current, 11th edition was published in 2011. This is also the parliamentary authority adopted by the restored League--Ka ʻAhahui Hawaiʻi Aloha ʻĀina—and each of its chartered Branches.
Nā Lula Ho‘omalu Kūikawā - Special Rules of Order
An assembly can adopt its own special rules of order, in addition to, or deviating from, its adopted parliamentary authority. Special rules of order supersede the parliamentary authority. Also, the special rules of order themselves—as well as the rules of order in the parliamentary authority—can be temporarily suspended by the assembly when desired, by general consent or a two-thirds vote
Ka Papa Hana i nā ʻAha Iki - Procedure for Small Assemblies
The parliamentary authority provides a set of relaxed rules for committees and small boards. These exceptions, if adopted as a special rule of order, can also apply to the assembly when it is small, i.e., not more than about of dozen members present at a meeting.
Nā Lula ʻAha Kūkākūkā - Rules Governing an Organization or Assembly
A deliberative assembly refers to any organization or assembly that meets to decide upon common action. The rules governing a deliberative assembly are ranked in the following order of precedence:
The word charter may also refer to a certificate issued by a national or state organization, granting the right to form a particular local or subordinate unit. While such a charter is not an instrument of incorporation and is usually quite general in its terms, it supersedes any rules the subordinate body may adopt, because it carries with it the requirement that the subordinate unit adopt no rules that conflict with those of the grantor.
--RONR (11th ed.), p. 12n*
Kānāwai - Bylaws
Bylaws are the most important rules adopted by an organization. Bylaws explain how the organization relates to itself, rather than its meeting procedures. The bylaws of a chartered unit only have to match the bylaws of its parent association on clearly requisite points. The unit bylaws should meet certain minimum criteria and align with the governing documents of the association.
Rules of order do not exert any effect on bylaws. Also, bylaws rank higher than rules of order, so a rule of order would not be able to suspend a bylaw. Bylaws normally cannot be suspended. Only bylaws themselves can provide for their own suspension. If a provision in the bylaws allows for its own suspension, the wording usually follows it in the same sentence. Here are two common examples:
The regular meetings of the Board shall be held every two (2) months on the second Saturday of January, March, May, July, September, and November unless otherwise ordered by the Central Body.
Committee members shall be appointed by the President unless this rule is suspended by a two-thirds vote before their appointment.
There is no rule in the current League bylaws prohibiting Branches from likewise adopting bylaws that provide for their own suspension.
Ka Papa Kuhikuhi - Order of Business
A special order of business, adopted as a special rule of order by the Central Body, contains the entire standard order of business (see RONR, 11th ed., pp. 353-360) prescribed in the parliamentary authority. Also included in the special order of business are the following optional headings identified by the parliamentary authority: opening ceremonies, roll call, consent calendar, good of the order, announcements, and program. Furthermore, the following specific items have been included under opening ceremonies: oli, pule, Hawaiʻi Ponoʻī, and mele. "Adoption of agenda" has been inserted before the "reading and approval of minutes." Finally, a "closing ceremonies" category was added.
All of the additional items are marked as optional, so the Branches aren't required to do anything outside of the standard order of business. The only exception would be that since the Central Body has Hawaiʻi Ponoʻī in its prescribed order of business, it would not be in order for a Branch to use the U.S. pledge of allegiance or national anthem as part of its opening ceremonies. This would also conflict with the object of the League bylaws which affirms the continuity of Hawaiian independence. Other than that, there is currently no rule in the League bylaws which prescribe certain rules of order that the Branches have to follow.
Panina Manaʻo - Conclusion
Branches can adopt rules that deviate from those adopted by the Central Body as long as they don't conflict with those rules.
In reviewing the bylaws of the initial six Branches of the restored League—conditionally chartered on July 15, 2017—no provisions have been found that conflict with the rules adopted by the Central Body. Currently, the only special rules of order adopted by the Central Body are the relaxed rules in the parliamentary authority, and a special order of business.
... any presiding officer will do well to bear in mind that no rules can take the place of tact and common sense on the part of the chairman.
--RONR (11th ed.), p. 449, ll. 12-14
"A chairman should never be stricter than is necessary for the good of the meeting. But, within that pattern, parliamentary procedure should normally be followed as a matter of course if it is to work well. It's not something to look to only when you get into trouble."
--RONR In Brief (2nd ed.), p. 8
Each assembly has the flexibility to determine its rules of procedure and the degree of adherence necessary during meetings. The only exception is that an assembly's rules of order cannot supersede rules of order prescribed by an applicable statute or corporate charter, or by the rules of an association that the assembly may be a chartered member of.
Rules of order (meeting procedures) can be temporarily suspended by a two-thirds vote, or permanently amended by a two-thirds vote with previous notice. Standing rules (administrative details) can be temporarily suspended by a majority vote, or permanently amended by a majority vote with previous notice.
Post by Keokani Kipona Marciel, MS
Loea Lula Hoʻomalu Kākau Hoʻopaʻa ʻia - Registered Parliamentarian (RP)
Rules contained in the bylaws (or constitution) cannot be suspended—no matter how large the vote in favor of doing so or how inconvenient the rule in question may be—unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a rule of order as described on page 17, lines 22–25.
—RONR (11th ed.), p. 263, ll. 1-7
No main motion is in order that conflicts with the corporate charter, constitution, or bylaws (although a main motion to amend them may be in order; see 35, 57); and to the extent that procedural rules applicable to the organization or assembly are prescribed by federal, state, or local law, no main motion is in order that conflicts with such rules.
—RONR (11th ed.), p. 111, ll. 4-10
ARTICLE 3. All men may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of that right, and no law shall be enacted to restrain the liberty of speech, or of the press, except such laws as may be necessary for the protection of His Majesty the King and the royal family.
In the Universal Declaration of Human Rights, adopted in 1948, Article 19 provides for freedom of speech, and Article 20 provides for freedom of assembly. In the Hawaiian Kingdom Constitution of 1864, Article 3 provides for freedom of speech, and Article 4 provides for freedom of assembly.
These provisions, from the highest law of the land, protect the freedom of association for voluntary assemblies in the Hawaiian Islands. This allows an organization to determine the scope of its bylaws, setting boundaries around which kinds of motions can be brought before its assembly and which kinds of actions it can take.
Under the general parliamentary law, bylaws cannot be suspended, unless a provision allows for its own suspension, is in the nature or a rule of order, or conflicts with a procedural rule contained in an applicable statute. In other words, adherence to a bylaw cannot otherwise be suspended unless it conflicts with a meeting rule specifically prescribed by an identifiable law.
The bylaws of a society set boundaries around the types of business that can be brought before its assembly. This is referred to as the scope of the bylaws. Since the scope of the bylaws is not in the nature of a rule of order, there is no statute which can supersede the scope of the bylaws for a voluntary deliberative assembly, either by restricting or expanding it. This would contradict the very idea of a voluntary organization.
If the government could overrule the scope of a society's bylaws, by way of statute, it would no longer be a voluntary organization. Rather, it would violate the organization's freedom of assembly guaranteed by the government's constitution. The statute itself would conflict with the constitutional provision, and therefore be null and void. In other words, such a statute would have no legal force over the proceedings of a voluntary assembly. Otherwise, the organization would be under authoritarian rule by the government, and not enjoy the civil liberties and basic human rights of a free society.
Post by Keokani Kipona Marciel, MS
Loea Lula Hoʻomalu Kākau Inoa - Registered Parliamentarian (RP)
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Ua Mau ke Ea o ka ʻĀina i ka Pono
The object of this League shall be to affirm the continuity of Hawaiian independence; to restore Hawaiian national identity; to exert all peaceful and legal efforts to secure for the Hawaiian People and Citizens their Civil Rights; and to ensure that the United States of America complies with international humanitarian law.