Best practices for adopting Standing Rules and Policies

[Nic Rosenau]

In the process of reviewing our Bylaws for revision, I've identified several sections that I think are more appropriate as Standing Rules. For example, the revised Bylaws will now state something along the lines of "The Board will meet at least x times a year," and the Standing Rule will say something like, "The Board will meet on the [second] [Thursday] of [months] at [time]." 

My first question: When writing the actual resolution out, do we need to state the resolution will be adopted as a Standing Rule, or is it just the case that any resolution without an obvious expiration date is a Standing Rule?

Also, while searching for examples of Conflict of Interest Policies, I came across several suggestions to also have a Whistleblower Policy, Records Retention and Destruction Policy, Gift Acceptance Policy, Fiscal Management Policy, Social Media Policy, Nondiscrimination Policy, Confidentiality Policy, Grants Policy, and more. I'm not sure how many and which policies we will adopt, but I think these are good ideas for us to at least consider.  

My second question: Am I correct in assuming these policies are best adopted as a type of Standing Rule (or is there another way that policies become official policies of an organization)? 

I would prefer to format these policies differently from a resolution to make them easier to read — skipping all the "that"s and using periods (instead of semicolons), paragraph breaks, and bulleted and numbered lists as appropriate. 

My third question: Assuming these policies are adopted as a type of Standing Rule, is it permissible to have a resolution that doesn't follow the formatting rules for resolutions? 

My thought is something like "Resolved, that the Society adopt the following [title] policy: [full text of policy formatted with periods, paragraphs, and/or lists]."

My last question: Is there anything else about Standing Rules or Policies that are not necessarily obvious but will make this process easier? 

Thank you again for all of your thoughtful and sage advice! 

[Joshua Katz]

On 6/30/2024 at 10:35 AM, Nic Rosenau said:

My first question: When writing the actual resolution out, do we need to state the resolution will be adopted as a Standing Rule, or is it just the case that any resolution without an obvious expiration date is a Standing Rule?

 

A standing rule is an ordinary main motion without an end point. If you adopt such a motion, you have made a standing rule, whether you call it that or not. You can choose to be more formal, such as by creating a document called Standing Rules and moving to amend it as needed. Or you can choose not to. When I was secretary for one organization, we had no such formal document, but I maintained a list that I kept up to date as things were adopted/rescinded/amended.

On 6/30/2024 at 10:35 AM, Nic Rosenau said:

My second question: Am I correct in assuming these policies are best adopted as a type of Standing Rule (or is there another way that policies become official policies of an organization)? 

 

Well you could move to create a Document Retention Policy, for instance, rather than lumping it in with the standing rules, but it seems to me that, since it concerns an administrative matter, it doesn't matter which you do, other than wanting to allow for ease of finding what you're looking for. Some of these, though, you may want to make harder to change than a standing rule. I would not be content with a whistleblower policy that can be changed by a majority with notice, if I were a potential whistleblower.

On 6/30/2024 at 10:35 AM, Nic Rosenau said:

My third question: Assuming these policies are adopted as a type of Standing Rule, is it permissible to have a resolution that doesn't follow the formatting rules for resolutions? 

 

There is no rule that an ordinary main motion creating a standing rule needs to be formated as a resolution in the first place.

 

[Richard Brown]

On 6/30/2024 at 12:35 PM, Nic Rosenau said:

My first question: When writing the actual resolution out, do we need to state the resolution will be adopted as a Standing Rule, or is it just the case that any resolution without an obvious expiration date is a Standing Rule?

You don't NEED to state that the resolution (or motion) will be a standing rule, but it is advisable to do so for the sake of clarity and for those who read the minutes months or years from now.

On 6/30/2024 at 12:35 PM, Nic Rosenau said:

My second question: Am I correct in assuming these policies are best adopted as a type of Standing Rule (or is there another way that policies become official policies of an organization)? 

Yes, in my opinion those policies are in the nature of standing rules.  Many organizations may include them in a "policies and procedures" manual without expressly stating that they are standing rules, but according to RoNR they seem to me to be standing rules. They are certainly in the nature of standing rules, regardless of what they are called.

On 6/30/2024 at 12:35 PM, Nic Rosenau said:

My third question: Assuming these policies are adopted as a type of Standing Rule, is it permissible to have a resolution that doesn't follow the formatting rules for resolutions? 

I'm not sure what you mean by this question, but if I understand your question correctly, it doesn't matter much if they are adopted as ordinary motions.  Resolutions are usually more formal, with both "whereas" clauses (the preamble) and "enacting" clauses (the therefore clauses).  It is not at all required by RONR that standing rules be adopted as resolutions with preambles and enacting clauses.  A simple motion that "Smoking in the clubhouse is not permitted" is quite sufficient.  No need to go into the reasons that smoking in the clubhouse might not be a good idea.

 

On 6/30/2024 at 12:35 PM, Nic Rosenau said:

My last question: Is there anything else about Standing Rules or Policies that are not necessarily obvious but will make this process easier? 

The main think I think you should keep in mind is the difference between standing rules and special rules of order.  Standing rules pertain to the administrative aspects of the society and do not concern themselves with parliamentary procedure. RONR (12th ed.) 2:23.  Rules of Order (and Special Rules of Order) "refer to rules of parliamentary procedure adopted by an assembly or an organization.  Such rules relate to the orderly transaction of business in meetings and to the duties of officers and to the duties of officers in that connection".  RONR (12th ed.) 2:14.

Special Rules of Order are harder to adopt and to amend and to suspend than standing rules, but each organization can adopt its own requirements in that regard.

[Nic Rosenau]

Thank you so much for your time and your help! 

My takeaway: 

1.  Motions to create a Standing Rule don't need to use the term "standing rule," but it can be helpful to do so — and they all should be kept together as part of a Standing Rules document regardless. 

2. Motions to create a Standing Rule do not need to be phrased as Resolutions. (I think that I extrapolated that Standing Rules were Resolutions from RONR (12th ed.) § 2:23 where it says, “… it is advisable for standing rules to be printed under a separate heading in the booklet containing the Bylaws, and in such a case, any enacting words such as “‘Resolved, That’ are normally dropped.” I read more between the lines than was actually there.)

3. We should think more about how we want to structure policy creation and revisions to ensure, for example, a Whistleblower Policy can't be easily changed after the whistle is blown.

4. I am now thinking hard about the distinction between Special Rules of Order and Standing Rules, and scouring RONR and this forum for insight. I find that unraveling these distinctions is making my brain hurt, and would welcome any advice on how to frame this to simplify making the distinction between parliamentary tasks and administrative tasks

It had not occurred to me that changes to an officer's duties would be Special Rules of Order, so thank you for mentioning that in particular. I have removed (more accurately at this point, proposed removing) all RONR-specified duties from the Bylaws (there's no need for the Bylaws to say that the President will preside or the Secretary will take minutes), and started two lists: modified or additional duties to include in the Bylaws (which at this point in time is only that we want semiannual instead of annual financial reports from the Treasurer) and modified or additional duties to adopt as Special or Standing Rules. At this point, most of those are what I would regard as administrative rather than parliamentary tasks, such as who will be responsible for filing our Form 990-N.  

However, I have proposed modifying the Bylaws to specify only how frequently the Board holds its regular meetings and proposed adopting some version of “on the second Thursday of the month at 7:00 PM” as a Standing Rule. Is that parliamentary or administrative? Should it be a Special Rule of Order instead of a Standing Rule? I am leaning toward administrative, so a Standing Rule. Am I correct? 

And, if we were to, for example, decide to remove the method of election from the Bylaws and adopt it as a rule instead, would that be adopted as a Special Rule of Order or as a Standing Rule? I am leaning toward parliamentary, so a Special Rule of Order. Am I correct? 

I shall need much more coffee. 

[Richard Brown]

@Nic RosenauI think you’re “takeaways“ are pretty much spot on. Very good! As to some of your questions:
 

On 7/18/2024 at 8:47 AM, Nic Rosenau said:

4. I am now thinking hard about the distinction between Special Rules of Order and Standing Rules, and scouring RONR and this forum for insight. I find that unraveling these distinctions is making my brain hurt, and would welcome any advice on how to frame this to simplify making the distinction between parliamentary tasks and administrative tasks

I’m not sure how much help I can provide on this point other than to say that parliamentary tasks and rules have to do with how meetings are conducted and with the duties of officers in that regard. Standing rules have to do with things that are not parliamentary, such as the amount and payment of dues, who is authorized to sign checks, the duties and responsibilities of officers with regard to administrative details, dates and times of meetings, and all the rules that are non-parliamentary, such as permitted and prohibited uses of the clubhouse. 
 

On 7/18/2024 at 8:47 AM, Nic Rosenau said:

I have proposed modifying the Bylaws to specify only how frequently the Board holds its regular meetings and proposed adopting some version of “on the second Thursday of the month at 7:00 PM” as a Standing Rule. Is that parliamentary or administrative? Should it be a Special Rule of Order instead of a Standing Rule? I am leaning toward administrative, so a Standing Rule. Am I correct? 

Yes, you are correct. The dates,  times and locations of meetings are definitely standing rules. I think RONR actually says so. 

 

On 7/18/2024 at 8:47 AM, Nic Rosenau said:

And, if we were to, for example, decide to remove the method of election from the Bylaws and adopt it as a rule instead, would that be adopted as a Special Rule of Order or as a Standing Rule? I am leaning toward parliamentary, so a Special Rule of Order. Am I correct? 

Yes, rules regarding how to conduct elections, especially if they are conducted during meetings, are rules of order.  If elections are instead conducted by mail, I suppose those rules could perhaps be considered standing rules since they are not occurring during meetings. That’s an interesting question and I am. Interested in knowing if any of my colleagues have a different take on this. 

 

[Joshua Katz]

On 7/18/2024 at 6:47 AM, Nic Rosenau said:

4. I am now thinking hard about the distinction between Special Rules of Order and Standing Rules, and scouring RONR and this forum for insight. I find that unraveling these distinctions is making my brain hurt, and would welcome any advice on how to frame this to simplify making the distinction between parliamentary tasks and administrative tasks

 

If it helps, I was parliamentarian for a volunteer fire department. That organization adopted a rule, by main motion, that dinner would be served after each meeting, and not before. That is a standing rule. It also adopted a rule permitting the fire chief to limit people's speaking time. That is a special rule of order. The bylaws also provided that any motion dealing with a fire scene scenario was out of order, and the Chief had authority, not limited by the body, to set such policies, subject to law and national standards. That was neither.

[Joshua Katz]

On 7/18/2024 at 6:47 AM, Nic Rosenau said:

2. Motions to create a Standing Rule do not need to be phrased as Resolutions. (I think that I extrapolated that Standing Rules were Resolutions from RONR (12th ed.) § 2:23 where it says, “… it is advisable for standing rules to be printed under a separate heading in the booklet containing the Bylaws, and in such a case, any enacting words such as “‘Resolved, That’ are normally dropped.” I read more between the lines than was actually there.)

 

Agreed. Focus on the bolded word.

[Dan Honemann]

On 7/18/2024 at 1:08 PM, Joshua Katz said:

The bylaws also provided that any motion dealing with a fire scene scenario was out of order, and the Chief had authority, not limited by the body, to set such policies, subject to law and national standards. That was neither.

The first clause seems clearly to be a bylaw provision in the nature of a rule of order, but in the second, I have no idea what sort of policies "such policies" refers to.

[Richard Brown]

@Dan Honemann I'm curious as to whether you believe rules regarding the procedures for voting by mail outside of a meeting would be standing rules or special rules of order?  This is assuming that voting by mail is authorized in the bylaws but without any details as to the procedure.

 

[Joshua Katz]

On 7/18/2024 at 12:24 PM, Dan Honemann said:

I have no idea what sort of policies "such policies" refers to.

Fire scene policies. Roll one engine on a car fire, two on a reported house fire. Position the ladder in this way; establish a water supply in this way for this type of fire, etc.

[Dan Honemann]

On 7/18/2024 at 4:19 PM, Richard Brown said:

@Dan Honemann I'm curious as to whether you believe rules regarding the procedures for voting by mail outside of a meeting would be standing rules or special rules of order?  This is assuming that voting by mail is authorized in the bylaws but without any details as to the procedure.

 

I think that the rules which RONR provides in 45:57-61 are rules of order.