Chapter 10: What Are The Basic Types of Rules

Rank the following from highest to lowest in authority: Rules of Order (Special Rules of Order and Parliamentary Authority), Corporate Charter, Law, Standing Rules, Bylaws or Constitution, Custom

1. Law

2. Corporate Charter

3. Bylaws or Constitution

4. Rules of Order

- Special Rules of Order

- Parliamentary Authority

5. Standing Rules

6. Custom

Law

If any federal, state, or local law governs the procedure of an organization (as is commonly true when a group is incorporated), that law supersedes any conflicting provisions in any of the organization's rules

Corporate Charter

If and only if an organization is incorporated, the law of the state under which it is incorporated generally requires it to have a corporate charter. What this must contain, which varies from state to state, is established by law.

Bylaws or Constitution

- Contains the group's own basic rules relating principally to itself as an organization

- Describe the group's purpose

- Spell out the qualifications and method of selection of members - Provide for officers, committees, and meetings (including the quorum)

- May set up an executive board or board of directors

Bylaws

Where the highest level of rules is contained in a document of the organization

What is the function of the Rules of Order?

The regulation of the conduct of business in meetings

What is special about the Rules of Orders?

They can almost entirely be the same from group to group

What is an organization's parliamentary authority?

A well-established manual on the subject of the rules of order

What are special rules of order?

New rules of order made when the group finds a need to vary those rules for its own particular purposes

What does the adoption or amendment of special rules of order require?

- Previous Notice AND

- 2/3rds vote

(Without previous notice, a majority vote of the entire membership of the voting body)

Standing Rules

Place where details that are not important enough to be put in the bylaws and do not relate to the conduct of business at meetings are placed (ex: where guests sit, etc...)

What vote do standing rules require to adopt?

A majority vote to adopt

What vote do standing rules require to amend?

Majority vote with previous notice or 2/3rd without previous notice

Custom

- Something that the group gets used to doing over and over again that comes to be followed practically as if it were a written rule.

- May be followed but written rules take precedence (unless amended with customs)