Robert's Rules vs By-Laws

[D Buchanan]

Do Robert's Rules take precedence if the subject is not covered in our By-Laws?

[Atul Kapur]

What us the exact language in your bylaws regarding Robert's Rules / parliamentary authority?

[Gary Novosielski]

On 9/10/2023 at 12:51 PM, D Buchanan said:

Do Robert's Rules take precedence if the subject is not covered in our By-Laws?

Usually yes.  But a lot depends on the detatils.  Please elaborate.

[D Buchanan]

On 9/10/2023 at 12:54 PM, Atul Kapur said:

What us the exact language in your bylaws regarding Robert's Rules / parliamentary authority?

The rules contained in the current edition of Roberts Rules of Order, Newly Revised, shall govern the Club in all cases .to which they are applicable and in which they are not inconsistent with these By-Laws and any special rules of order the Club may adopt

[puzzling]

On 9/10/2023 at 5:51 PM, D Buchanan said:

Do Robert's Rules take precedence if the subject is not covered in our By-Laws?

 

On 9/11/2023 at 5:56 AM, D Buchanan said:

The rules contained in the current edition of Roberts Rules of Order, Newly Revised, shall govern the Club in all cases .to which they are applicable and in which they are not inconsistent with these By-Laws and any special rules of order the Club may adopt

You are more or less correct, RONR governs where the bylaws (and other laws) are silent.

But it has nothing to do with precedence. 

In your case RONR takes precedence over (unwritten) custums and "we always have done it this way" 

[Josh Martin]

On 9/10/2023 at 11:56 PM, D Buchanan said:

The rules contained in the current edition of Roberts Rules of Order, Newly Revised, shall govern the Club in all cases .to which they are applicable and in which they are not inconsistent with these By-Laws and any special rules of order the Club may adopt

The answer to your general question continues to be "yes." If your organization's rules and applicable law are silent, then the rules in RONR are applicable. The term "precedence" is not really applicable in such a case, since that refers to a rule having rank (or precedence) in comparison to some other rule. If there is no other rule, there is no concern about precedence.

But additional information about the particular situation would be extremely helpful.

Edited September 11, 2023 at 10:53 AM by Josh Martin

[Atul Kapur]

On 9/10/2023 at 12:51 PM, D Buchanan said:

Do Robert's Rules take precedence if the subject is not covered in our By-Laws?

Your bylaws take precedence over RONR. According to your bylaws, Special Rules of Order also take precedence over RONR, but yield to the bylaws.

This is also the standard hierarchy listed in RONR:

• Bylaws
• Special Rules of Order
• RONR
• Custom

If there is a conflict, the higher ranked authority prevails

 

Do you have a question about a  specific situation or event?

[Gary Novosielski]

On 9/11/2023 at 12:56 AM, D Buchanan said:

The rules contained in the current edition of Roberts Rules of Order, Newly Revised, shall govern the Club in all cases .to which they are applicable and in which they are not inconsistent with these By-Laws and any special rules of order the Club may adopt

Yes, that's the standard language.

So to answer your original question, the rules in RONR govern the club if the bylaws (and special rules of order if any) don't conflict with them.  Precedence is not an issue since your original question assumed no conflict.

If the rules do conflict, then the rule in your bylaws governs in that case and the rule in the bylaws does not.

[J. J.]

I will note that, by adopting RONR, your society have agreed not to certain things, e.g. absentee voting, unless your society specifically authorize those certain things in the bylaws (2:16 fn 5).  In that case, silence on those certain things, acts to prohibit those things.