Robert's Rules Vs Constitution: Which Rules Reign Supreme?

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Robert's Rules of Order is a book on parliamentary procedure designed for ordinary societies and deliberative assemblies. It is often adopted by organizations as a framework for conducting meetings and making decisions. While Robert's Rules of Order provides a comprehensive set of guidelines, it is important to note that it does not supersede the constitution or other applicable laws. In the event of a conflict, the provisions of the constitution and relevant laws take precedence over the rules outlined in Robert's Rules of Order. Organizations that adopt Robert's Rules of Order are also free to establish their own rules, which may supersede those in the book.

Characteristics Values
Designed for Ordinary societies
Function A book on parliamentary procedure
Superseded by Conflicting provisions in the law, corporate charter, constitution or bylaws, and special rules of order
Supersedes Previous editions
Edition 12th Edition
Other names Robert's Rules of Order Newly Revised

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Robert's Rules of Order Newly Revised supersedes all previous editions

Robert's Rules of Order is a book designed for ordinary societies and law-making bodies at the local level, such as a city council or a county commission. It provides a guide to smooth, orderly, and fairly conducted meetings. The current and official edition of the series, effective as of September 1, 2020, is titled "Robert's Rules of Order Newly Revised, Twelfth Edition".

The Twelfth Edition of Robert's Rules of Order Newly Revised supersedes all previous editions and is intended to become the parliamentary authority in organizations whose bylaws prescribe any previous edition of "Robert's Rules of Order" or "Robert's Rules of Order Newly Revised" without specifying a particular edition. This means that the Twelfth Edition takes precedence over all earlier editions and is the most up-to-date and authoritative version of the rules.

The Twelfth Edition addresses common misunderstandings and provides clarifications, additions, and refinements to the rules. It includes new provisions regarding debate on nominations, reopening nominations, and completing an election after its scheduled time. It also introduces section-based paragraph numbering to facilitate cross-referencing and eBook compatibility.

It is important to note that even if an organization has adopted Robert's Rules of Order, it can still adopt its own rules, which supersede any rules in the book. Additionally, Robert's Rules of Order is subordinate to any conflicting provisions in applicable law, the corporate charter, the constitution or bylaws, and special rules of order.

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Robert's Rules of Order is designed for ordinary societies

Robert's Rules of Order is a manual of parliamentary procedure by U.S. Army officer Henry Martyn Robert, first published in 1876. It is designed for ordinary societies and is a guide for conducting meetings and making decisions as a group. The book is based on each member of a group having equal weight as expressed by vote. It is not designed for legislative assemblies, and instead, focuses on non-legislative societies. The procedures prescribed by the book were modelled after those used in the United States House of Representatives, with adaptations made for use in ordinary societies.

The book is intended to "assist an assembly to accomplish the work for which it was designed" and to ensure that "where there is no law, there is the least of real liberty". It is the most widely used manual of parliamentary procedure in the United States and is used by a diverse range of organizations, including church groups, county commissions, and school boards, that have adopted it as their parliamentary authority.

Robert's Rules of Order is applicable to deliberative assemblies, which can take the form of a mass meeting, a local assembly of an organized society (such as a local club), a convention, a legislative body, or a board. The book is designed to enable assemblies of any size to arrive at a general consensus while considering each member's opinion, even in the face of differing views and under various internal climates.

While Robert's Rules of Order provides a general framework, organizations that adopt it may still have their own specific rules that supersede those in the book. These could include a corporate charter, a constitution, bylaws, special rules of order, and parliamentary authority. Additionally, law-making bodies at the local level, such as city councils, are subject to open meeting laws and other applicable laws, which take precedence over any conflicting provisions in the book.

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Law-making bodies at the local level are subject to open meeting laws

Robert's Rules of Order is a book designed for ordinary societies and their deliberative assemblies, such as mass meetings, local clubs, conventions, and legislative bodies. While the book has found application in law-making bodies at the local level, such as city councils or county commissions, these bodies are also subject to open meeting laws, or "Sunshine laws", and other applicable laws, which supersede any conflicting provisions in the book.

Open meeting laws are applicable to public bodies, which include any multi-member board, commission, committee, or subcommittee within the executive or legislative branches of state government, or within any county, district, city, region, or town, if established to serve a public purpose. For example, boards of selectmen, school committees (including those of charter schools), and subcommittees of public bodies are subject to open meeting laws, regardless of their role. Certain individual government officials, such as a town manager or police chief, are exempt from these laws and may meet without complying with open meeting requirements.

The application of open meeting laws to public schools at any level has been a subject of litigation, as it presents a tension between the public interest in open government and the privacy rights of students, teachers, and other individuals whose personal information may be at issue. Most states address this tension by permitting executive sessions when the public body considers specific individuals whose privacy interests could be affected by public discussion.

The justification for applying open meeting laws to local public entities is that they may have a significant impact on the day-to-day lives of citizens and may be subject to the influence of public opinion. The smaller geography of local public bodies makes attendance at open meetings accessible to those governed by the body. Some states, like Colorado and Florida, have amended their open meeting laws to extend to local public bodies.

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Organisations can adopt their own rules, superseding Robert's Rules of Order

Organisations can adopt their own rules, superseding Roberts Rules of Order. This is a manual of parliamentary procedure that is widely used in the United States, designed to help guide voluntary associations in their operations of governance. It is a set of codes and rules of ethics that help groups hold orderly meetings, allowing the majority to rule while ensuring minority voices are heard. Roberts Rules of Order is often adopted by organisations as their parliamentary authority, but they are free to establish their own rules and guidelines to govern themselves.

Roberts Rules of Order is a lengthy manual, with the latest versions totalling around 700 pages. It is therefore common for organisations to adopt a cheat sheet to simplify the process of running meetings. However, organisations are not bound by the rules in the book and can adopt their own rules, which supersede any rules in the book. This includes any conflicting provisions in applicable law, the corporate charter, the constitution or bylaws, and special rules of order.

For example, an organisation may have rules which include a corporate charter, a constitution or bylaws, rules of order (special rules of order and parliamentary authority), standing rules, and customs. While Roberts Rules of Order is a useful framework for many organisations, it is not a one-size-fits-all solution and adaptations are often necessary. This is especially true for organisations where some individuals within the group have more power than others, such as a corporate setting.

In addition, there are some common misunderstandings of the rules in Roberts Rules of Order, such as when the president can vote, whether ex-officio members can vote, and how abstentions affect the vote. While the current edition of Roberts Rules of Order Newly Revised addresses these misunderstandings, organisations may still choose to be governed by other rules which supersede these "default" rules. Ultimately, each organisation has the flexibility to adopt and adapt the rules that best suit their needs and governance structure.

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Misunderstandings of Robert's Rules of Order can be avoided with Official Interpretations

Robert's Rules of Order is a recognised guide to conducting meetings smoothly, orderly, and fairly. It is the most widely used manual of parliamentary procedure in the United States, governing the meetings of various organisations that have adopted it as their authority. The current edition, Robert's Rules of Order Newly Revised, 12th Edition, supersedes all previous editions and automatically becomes the parliamentary authority for organisations whose bylaws prescribe any previous editions.

While Robert's Rules of Order is designed for ordinary societies, it has also been applied to law-making bodies at the local level, such as city councils or county commissions. These bodies are subject to open meeting laws (Sunshine laws) and other applicable laws, which supersede any conflicting provisions in the book.

There have been common misunderstandings of the rules in the current edition of Robert's Rules of Order Newly Revised, including when the president can vote, whether ex-officio members can vote, the definition of majority, and how abstentions affect the vote. These misunderstandings can be avoided by referring to the official interpretations provided by the authors. Starting with the period between the Tenth and Eleventh Editions, the authors released official interpretations of the rules on the website maintained by the Robert's Rules Association. These interpretations were later incorporated into the Eleventh Edition.

The authors have also addressed common misunderstandings and frequently asked questions in the Question and Answer Forum on the same website. The forum is actively moderated by members of the authorship team, providing users with direct access to the experts. Additionally, the 12th edition includes dozens of clarifications, additions, and refinements to improve the presentation of existing rules, incorporate new interpretations, and address common inquiries.

Furthermore, the authors have published an updated 3rd edition of Robert's Rules of Order Newly Revised In Brief, a concise introductory guide that includes an example of an agenda, sample dialogues, frequently asked questions, and other resources to help users better understand and apply the rules. By utilising these official resources, users can avoid misunderstandings and ensure a smooth and orderly meeting process.

Frequently asked questions

No, Robert's Rules of Order does not supersede the constitution. In cases where an organization's bylaws refer to "Robert's Rules of Order", certain rules in the book may be subordinate to conflicting provisions in applicable law, the corporate charter, the constitution, or bylaws.

Robert's Rules of Order is a book on parliamentary procedure that provides rules for conducting smooth, orderly, and fairly-held meetings. It is based on principles such as one question at a time, one person, one vote, and limiting votes to members present.

Robert's Rules of Order is used by professional associations, fraternal organizations, local governments, and legislative bodies. It is designed for ordinary societies and can be applied to corporate settings, such as shareholder and board of director meetings.

Yes, an organization can adopt its own rules that supersede any rules in Robert's Rules of Order. These rules may include a corporate charter, a constitution, bylaws, special rules of order, parliamentary authority, standing rules, and customs.

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