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Parliamentary Procedure In 2005
Jim Slaughter, JD, CPP-T, PRP
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Board meetings | |
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Membership meetings of for-profit corporations and nonprofit associations | |
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Governmental meetings—school boards, city councils, and county commissions | |
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Legislative bodies | |
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Churches and synagogues | |
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Community associations, including homeowner, condominium, and townhouse associations | |
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Civic and volunteer clubs, such
as Rotary, Civitans, Lions, and PTA’s |
Furthermore, courts have held that
all organizations, including business, professional, educational, and
governmental, are subject to the principles and rules of common parliamentary
law. In other words, all of these organizations, including the estimated 1.5
million associations in the United States, must observe proper rules when
meeting to transact business.
Most associations also adopt language in their bylaws stating that they will follow a particular parliamentary procedure book, such as Robert’s Rules of Order. Organization members who act contrary to the rules they have themselves adopted may be liable for their actions. As a result, ignoring or incorrectly applying parliamentary procedure can lead to embarrassment and even lawsuits.
The benefits of a well-run meeting extend beyond questions of liability. Proper
procedure can help turn long, confrontational meetings into short, painless
ones. While a lengthy and badly run meeting can cast a pall on all other
accomplishments during the year; a successful and well-run meeting will please
and invigorate members. Also, members familiar with the rules have a greater
advantage towards accomplishing their goals at meetings and often move quickly
into leadership positions. As a result, learning the essentials of parliamentary
procedure is worth the effort.
Most people know little about parliamentary procedure; indeed, there’s even
great confusion as to just what “parliamentary procedure” is. In short,
parliamentary procedure is the means by which organizations make decisions. That
is, parliamentary procedure is all of the laws and rules of organizations that
govern the transaction of business. Contrary to common belief, parliamentary
procedure is not synonymous with the book Robert's Rules of Order. Instead,
Robert’s, which appeared in 1876, is the first edition in a series of books
bearing the phrase “Robert’s Rules of Order” in the title. The tenth and current
version—Robert’s Rules of Order Newly Revised (10th Edition)(or “RONR”)—is
without question the 800-pound gorilla of the parliamentary world. RONR is used
by approximately 85% of all organizations in the United States.
However, RONR is not the only parliamentary game in town. Another well-known
parliamentary procedure book is The Standard Code of Parliamentary Procedure
(4th Edition)(or “Sturgis”), used by many associations of physicians and
dentists. For those new to parliamentary procedure, Sturgis is an easier
introduction to parliamentary procedure than RONR. Other well-known manuals of
parliamentary procedure include Demeter's Manual of Parliamentary Law and
Procedure, Cannon’s Concise Guide to Rules of Order (great for practicing
parliamentarians), Riddick’s Rules of Procedure, Mason’s Manual of Legislative
Procedure (used by many legislatures), and Bourinot’s Rules of Order (used in
Canada). While many other procedural books are available, the fact that RONR is
the most used and the easiest to locate argues in its favor as a parliamentary
authority.
While you may not wish to read it from cover-to-cover, RONR is an excellent
resource for any organization. The book has sections on effective presiding,
drafting good minutes, the duties of officers, running elections, writing and
amending bylaws, holding board and committee meetings, and handling troublesome
members. RONR is fairly easy to find—just buy the right book. As noted above,
there are numerous RONR "clones" and earlier editions that are easy to get by
mistake. RONR is available in hardback and soft cover and can be identified by
“10th Edition” and its gold cover.
As you begin your parliamentary journey, don’t overlook “Parliamentary Procedure
in Action” from Toastmasters International. This introduction to procedure is
designed for club meetings and introduces Toastmasters to the basic skills for
leading and participating in parliamentary discussions. The program includes a
script and overhead transparencies for five 15-minute sessions on parliamentary
procedure.
Most organizations formally adopt written rules of parliamentary procedure. The
usual method by which an organization provides itself with suitable rules of
order is to adopt a parliamentary authority, such as RONR. A parliamentary
authority can be adopted by a bylaws provision that the current edition of a
specified manual of parliamentary law shall be the parliamentary authority. The
procedural rules in that book then govern in all cases in which the rules are
not inconsistent with higher authority, such as federal or state law or articles
of incorporation. This parliamentary authority can
also be supplemented with specific rules to cover specific situations.
In parliamentary procedure, one size does not fit all. For example, board
meetings and membership meetings should be conducted differently. Large annual
meetings must be fairly formal. Informal discussion of matters is impractical
due to the number of members present. Limits on debate must be observed to keep
the meeting on schedule. Formal votes help avoid legal challenges. In contrast,
smaller boards and committees can be less formal. RONR notes that formality can
hinder business in a meeting of fewer than a dozen. As a result, in smaller
boards RONR recommends that:
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Members are not required to obtain the floor and can make motions or speak while seated. | |
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Motions need not be seconded. | |
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There is no limit to the number of times a member can speak to a question | |
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Motions to close or limit debate are generally not used. | |
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The chair usually can make motions and vote on all questions. |
However, some smaller boards dislike the informality suggested by RONR and
follow a more formal procedure at all meetings. Even informal boards should be
more formal on matters of sufficient importance or controversy.
To avoid confusion as to what procedures to follow, some boards adopt procedural
rules to govern board meetings. At a minimum, a board should adopt a rule that a
particular book shall serve as the parliamentary authority if no such provision
exists in other governing documents.
For anyone who wishes to be active in a club, association, or other group,
learning the basics of parliamentary procedure is both desirable and achievable.
A solid foundation of procedural knowledge can enhance
credibility, result in better meetings, and make the difference between
legitimate actions and illegal ones.
Two non-profit organizations promote parliamentary procedure and certify
parliamentarians: the American Institute of Parliamentarians and the
National Association of Parliamentarians. Each organization also makes
referrals of skilled parliamentarians.
The American Institute of Parliamentarians (AIP) has two levels of
parliamentary proficiency—the basic Certified Parliamentarian and AIP’s
highest parliamentary classification, Certified Professional Parliamentarian
(CPP).
The American Institute of Parliamentarians can be contacted at P.O. Box
2173, Wilmington, DE 19899, phone number 888-664-0428. The AIP Web site is
located at
www.parliamentaryprocedure.org
The National Association of Parliamentarians (NAP) also has two
levels of parliamentary proficiency—Registered Parliamentarian and NAP's
highest parliamentary classification, Professional Registered
Parliamentarian (PRP).
The National Association of Parliamentarians can be contacted at 213 South
Main Street, Independence, MO 64050-3850, phone number 888-627-2929. The NAP
Web site is located at
www.parliamentarians.org
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