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MRSC has joined with Carl Neu, Director of the Center for the Future of Local Governance, P. Stephen DiJulio, Attorney, Foster Pepper PLLC, and Paul McClintock, Professional Registered Parliamentarian, to bring you the "Council/Commission Advisor." The Council/Commission Advisor will feature a new article each month with timely information and advice you can use.*
Meeting Tips and Myths
May 2007
Paul McClintock
Professional Registered Parliamentarian
Meeting Tip: When Robert's Rules Don't Matter
Ever been miffed when Robert's Rules of Order weren't followed? Well, sometimes Robert's Rules don't matter! Robert's Rules aren't binding when they aren't adopted as the parliamentary authority. (Check your bylaws to see what book, if any, is the parliamentary authority.) See Robert's Rules of Order Newly Revised, 10th edition (RONR), p. 16.
Robert's Rules don't matter even when adopted, if a higher rule supersedes the particular rule. The higher rule could be, for example, corporate law, national parent organization bylaws, your own bylaws, or your own special rules of order.
Robert's Rules don't matter if the violated rule is suspended by the required vote (usually a two-thirds vote). See RONR, p. 252.
Robert's Rules also don't matter if a minor rule is violated and no one objects by immediately raising a point of order. A point of order must be made at the time of the offense except for when a continuing breach occurs. See RONR, p. 244.
Meeting Myth:
If no parliamentary authority (reference book of meeting procedure rules) is adopted, then the organization doesn't have to follow any rules at all.
Fact:
General parliamentary law (common law) must be followed by groups with no adopted parliamentary authority or other rules of order. See RONR, p. 10, and The Standard Code of Parliamentary Procedure, 4th edition, p. 2-3.
P. Stephen DiJulio, a partner at Foster Pepper & Shefelman PLLC, focuses on litigation involving state and local governments, and land use and environmental law. Particular experience includes representation of jurisdictions on eminent domain, utilities (water, wastewater, storm water, solid waste systems), local improvement districts, facility siting and contractor litigation. More.
Carl Neu, author and consultant, is recognized nationally as an authority on, and an experienced practitioner of, the theory and application of governance and leadership to city councils and county boards, local government managers, and community leaders. More.
Paul McClintock is a Professional Registered Parliamentarian and Certified Parliamentarian, professionally serving organizations as parliamentarian at meetings, teaching workshops, and writing parliamentary opinions. He also is an active leader in the National Association of Parliamentarians and the American Institute of Parliamentarians at several levels. More.
*The Articles appearing in the "Council/Commission" column represent the opinions of the authors and do not necessarily reflect those of the Municipal Research & Services Center.