MindBenders - Parliamentary Procedure

Mind Benders and Brain Teasers:

This is where we will post questions and situations that will test your knowledge of parliamentary procedure. If you have a parliamentary Mind Bender or Brain Teaser that you would like to share, send it to mindbenders@parlipro.org and we will print the best ones here. Unless otherwise noted, the parliamentary authority is Robert's Rules of Order Newly Revised (RONR), 10th edition. The informal parliamentary opinions expressed here follow general principles of parliamentary law and Robert's Rules of Order Newly Revised (RONR), 10th edition, and are based solely on the brief summary of facts presented, without the benefit of having reviewed the bylaws and other governing documents. An association's own bylaws, covenants, Articles of Incorporation, Special Rules of Order, and local or state laws will supersede what RONR says. A significant difference in facts could result in different conclusions being reached. If there is much at stake, readers are encouraged to seek a formal written parliamentary opinion from a Professional Registered Parliamentarian, which includes a thorough review of the organization's bylaws and governing documents. Nothing here should be construed as an interpretation of statutory law.

Answer to Mind Bender for February 2007:

All references are to RONR 10th ed

Question:

Are there restrictions regarding the use of Standing Rules? I envision our chapter will have standing rules addressing subjects such as those below:

Meetings: (start time)
Introduction of New Business by committees: (new business to be reviewed at board meeting before being discussed at chapter business meeting)
Communications: (documents going to external contacts to be reviewed and/or signed by president)
Committee Reports: (reports to be in writing)

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Answer:

Numbers 1 and 3 are classified as "Standing Rules", and numbers 2 and 4 are "Special Rules of Order". Refer to RONR pp. 15-18 for the difference between these two types of rules and the vote/notice required for their adoption.

To adopt or amend Special Rules of Order takes:

previous notice AND a two-thirds vote, OR
the affirmative vote of a majority of the entire membership.

To adopt new Standing Rules takes a majority vote without notice, but to rescind or amend previously adopted Standing Rules takes:

a two-thirds vote without notice, OR
a majority vote with notice, OR
an affirmative vote of a majority of the entire membership.

Special Rules of Order can be suspended for any given meeting by a two-thirds vote. Standing Rules that have their application inside a meeting context can be suspended by a majority vote. Standing Rules that have their application outside of a meeting context cannot be suspended. Rules that are clearly identifiable as "in the nature of" rules of order that are placed within the bylaws can also be suspended by a two-thirds vote. A rule placed in the bylaws that is in the nature of a Standing Rule cannot be suspended no matter how large the vote in favor of doing so, even a unanimous vote.