BYLAWS AND OTHER RULES AND HOW TO USE THEM

CHAPTER 10: WHAT ARE THE BASIC TYPES OF RULES

Chapter Contents

The Ranking Order of Rules
Corporate Charter
Bylaws or Constitution
Rules of Order
Special Rules of Order
Standing Rules
Custom
Members' Copies of the Rules

A. The Ranking Order of Rules

A formal group requires rules for its organization and procedures during meetings.
Rules Governing an Assembly: ranked from highest to lowest authority:
  1. Law
     - Rules prescribed by applicable federal, state, or local law.
     - Laws supersede conflicting provisions in any organization's rules.
     - Example: Under Robert's Rules of Order, a board can only make decisions in meetings to allow debate and amendment.
  2. Corporate Charter
     - Required for incorporated groups, dictated by state law.
     - Contains necessary provisions for organizational operations.
     - Drafting must comply with legal requirements within the state.
  3. Bylaws or Constitution
     - The primary rules for governing the organization.
     - Include provisions for:
       - The group's purpose.
       - Membership qualifications and selection methods.
       - Roles for officers, committees, and meetings (including the quorum).
       - Governance by an executive board or a board of directors.
     - Must allow for amendments with prior notice and at least a two-thirds vote.
  4. Rules of Order
     - Detailed regulations governing meeting conduct, typically chosen from an established parliamentary manual.
     - Groups often adopt a specific manual as their parliamentary authority.
     - Special rules of order can be adopted for specific organizational needs, overriding conflicting standard rules.
     - Adoption or amendment requires prior notice and a two-thirds vote, or majority without prior notice from the entire membership.
  5. Standing Rules
     - Administrative rules for details not large enough for bylaws.
     - Examples: Guest register rules, seating arrangements.
     - Adoption requires a majority vote; amendments typically follow the same voting criteria as adoption.
  6. Custom
     - Habits within a group that become established practices over time.
     - Customs cannot conflict with written rules. Written rules must take precedence unless amended to integrate the custom.
     - An example includes an established practice that allows for automatic closure of debate by simple verbal cues.

B. Members' Copies of the Rules

It is recommended that every member receive a booklet including:
  - Corporate charter (if applicable)
  - Bylaws
  - Special rules of order
  - Standing rules
Familiarity with these documents enhances participation in organizational meetings.

CHAPTER 11: HOW ARE RULES ENFORCED AND HOW ARE THEY SUSPENDED?

Chapter Contents

A. Point of Order
B. Appeal
C. Suspend the Rules
D. Parliamentary Inquiry
E. Parliamentarian's Role

A. Point of Order

The chair ensures compliance with the rules.
Members can call a violation of the rules by stating "Point of Order!" without awaiting recognition.
Only the member raising the point describes the violation, then takes their seat.
The chair rules on the point of order. Example of responses could be:
- "The Chair rules that the point of order is well taken."
- "The Chair rules that the point of order is not well taken."
Decisions are recorded in minutes.

B. Appeal

The final authority on rules violations lies with the group, not the chair.
To appeal a ruling, a member must state, "I appeal from the decision of the chair." Requires a second.
Appeals can be debated, confining each member to one speech. The chair may speak twice.
Voting is based on a question phrased, "Shall the decision of the chair be sustained?"
Majority negative vote overturns the chair's ruling. A tie upholds it.

C. Suspend the Rules

Allows for action contrary to existing rules, such as extending speaking time or discussing out-of-order motions.
A motion to suspend the rules requires:
  - A second
  - No amendments or debates permitted
  - A two-thirds majority vote
  - Examples of motions might include descriptions like:
    - "I move to suspend the rules to give the speaker two more minutes."
    - "I move to suspend the rules which interfere with discussing the budget."

D. Parliamentary Inquiry

Members can seek clarifications on rule applications.
Interrupting a speaker for a Parliamentary Inquiry is allowed if the question demands immediate attention.
Responses from the chair are advisory and not subject to appeal.

E. Parliamentarian's Role

To offer guidance on parliamentary procedure and assist the chair, a parliamentarian is often appointed.
Their role is advisory and they do not have the authority to rule on motions themselves. The chair retains this responsibility.