ByLaws

[Guest LauraR]

Is there any justification for the idea that if the bylaws of an organization does not stipulate that we follow Robert's Rules, the organization does not have to follow Robert's Rules?

[hmtcastle]

Is there any justification for the idea that if the bylaws of an organization does not stipulate that we follow Robert's Rules, the organization does not have to follow Robert's Rules?

Yes. For one thing, your bylaws could designate a different (inferior) parliamentary authority.

But if push came to shove (i.e. if things ended up in court) you'd probably have been expected to follow rules which come very close to mirroring Robert's Rules of Order.

[Guest LauraR]

Our bylaws do not stipulate any authority.

[Kim Goldsworthy]

Is there any justification for the idea that if the bylaws of an organization does not stipulate that we follow Robert's Rules,

then the organization does not have to follow Robert's Rules?

Correct.

Where the bylaws are silent regarding a parliamentary authority (such as Robert's Rules of Order), then organization is under no obligation to acknowledge or obey those parliamentary rules in the current (10th) edition of Robert's Rules of Order Newly Revised [published in 2000 by Da Capo].

The organization will be assumed to run under the common parliamentary law.

That is, you still make motions, and you still vote, and you still run under majority will.

But the 80+ motions listed in the tinted appendix of RONR won't necessary be applicable to your organization.

You are free to draft your own special rules of order.

Indeed, in dayes of yore, before 1876 (the year the First Edition was published), that is exactly what organization did -- they "rolled their own" like real cowboys, like real men, forging parliamentary tools with their sheer will and determination.

When John Henry was just a little baby,

sittin' on his mammy's knee

John Henry picked up a twelve pound hammer

And said, "This hammer's gonna be the death of me, Lawd, Lawd.

This hammer's gonna be the death of me.

[Josh Martin]

Is there any justification for the idea that if the bylaws of an organization does not stipulate that we follow Robert's Rules, the organization does not have to follow Robert's Rules?

Well, an organization may also adopt a parliamentary authority through a special rule of order, but if your special rules of order don't stipulate RONR either, no, you do not have to follow RONR.

Our bylaws do not stipulate any authority.

Your organization should adopt a parliamentary authority as soon as possible. The members of this forum would recommend RONR. If amending your Bylaws is too lengthy of a process, it can be adopted in a special rule of order in the meantime. See How Your Organization Can Adopt Robert's Rules for more information.

Until your organization has adopted a parliamentary authority, the organization is still bound by the common parliamentary law, and a manual of parliamentary procedure (such as RONR) may still be cited as persuasive, but is not binding on the organization.