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- OUTLINE'OF PARLIAMENTARY PROCEDURE <br /> <br />..AS IT APPLIES IN CITIES <br /> <br /> City COUncils and like legislative bodies are subject to <br />parliamentary law. <br /> <br /> Parliamentary law consists of those rules of procedure which <br />are enforceable by the Courts and which are applicable to public or <br />private bodies or groups engaged in making decisions. <br /> <br /> ~arliamentary law applies without being adopted or accepted. <br />It arises out of the right of persons to appeal to the Courts to <br />protect their rights and administer justice. <br /> <br /> FOr an action or decision of a public body to be legal it <br />must meet the following basic or jurisdictional tests: <br /> <br /> 1. T~e bod~ m~st be a legal body It must have the qualifi- <br /> cations to enable it to exist and to act. In a city this would m~an <br /> that the city wes properly chartered or incorporated, and that <br /> it has at least a defacto organization. <br /> <br /> 2. There must be a legal meetin~e The essential steps must <br /> have been to properly call the meeting. The statutory or <br /> other required notices must have been given. The tim~ and <br /> place of meetings and the notice required are usually prescribed <br /> by statutes, charters, or constitution. <br /> <br /> · of the or decision mu, t be within th <br />3 The subject . action <br /> ower of the-b · Local legislative bodies have no general <br />powers, but the powers specifically given them. Except <br /> Only <br />for the State Legislatures, doubts as to authority are resolved <br />against the body. <br /> <br />4. The action or decision must be a proper one. <br /> <br /> (a) The action taken, or the decision made, must be in- <br /> telligible. An action cannot be enforced unless it can <br /> be determined clearly what it is. <br /> <br /> (b) The decision or action must not be against public <br /> policy. The Courts will not enforce an ordinance or order <br /> which shocks its conscience or would, for example, cause <br /> or promote illegal acts or crimes. <br /> <br />5. A.quorum of the membership must be ~resen~. This means <br />the ma]ority me~bership of an organization having a fixed mem- <br />bership, as of a city council. When the membership is not fixed, <br />like in the New England town meeting, the members ~resent at <br />a duly called meeting can act. <br /> <br />-10- <br /> <br /> <br />