Finding the correct parliamentary authority
Most associations that hold regular membership meetings have adopted a book, called the parliamentary authority, to guide them in the procedure to be used at those meetings. The recommended, and typical, way of doing this is in the second-last article of the by-laws.
The most popular parliamentary authority in North America today is Robert’s Rules of Order Newly Revised, 10th edition. In that book, the following wording is recommended for associations to adopt a parliamentary authority: “The rules contained in the current edition of . . . [specifying a standard manual of parliamentary practice, such as this book] shall govern the Society in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Society may adopt.”1 Unfortunately, however, it is extremely rare for an association to be so clear.
In my professional practice, I have often come across ambiguous, unclear, or even just unwise statements in by-laws concerning the adoption of a parliamentary authority. Occasionally, the book specified will be completely non-existent, such as Robert’s Rules of Procedure. Other times, a specific outdated (and no longer in print) edition will be specified, such as Robert’s Rules of Order Newly Revised, 7th edition. The most common specification, however, is for Robert’s Rules of Order without any indication of the edition.
How does one handle such confusion? First, if a specific, identifiable, and non-imaginary book is specified, it must be used, no matter how bad of a choice it may be for the association. This is why I own a copy of Robert’s Rules of Order Newly Revised, 7th edition for my professional work, despite the fact that it went out of print over 25 years ago. Organizations that prescribe books no longer available in bookstores are well advised to update their by-laws, because it does no service to the members to require them to troll used book stores for essential information about participating in the society. Furthermore, the most current edition of a parliamentary authority is almost always the best edition, since improvements are made with time.
Secondly, if the by-laws specify the title of a book, but do not specify a particular edition, it is commonly accepted among parliamentarians that the most current edition is to be used, even if the title has changed somewhat since the by-laws were adopted. For example, for associations that specify Robert’s Rules of Order or Robert’s Rules of Order Revised, it is commonly accepted that the current edition of Robert’s Rules of Order Newly Revised is the correct book to use. This idea, however, is not without controversy, so again associations using this wording are well-advised to update their by-laws and clarify precisely what is meant.
Lastly, if the by-laws specify a book that does not exist in reality, or at least cannot be found in an exhaustive search, the principles of interpretation in Robert’s Rules of Order Newly Revised are persuasive, and they provide that “the interpretation should be in accordance with the intention of the society at the time the bylaw was adopted, as far as this can be determined.”2 If the title of the mystery book contains the word “Robert”, it is likely that the society’s intent was to prescribe the current edition of Robert’s Rules of Order Newly Revised, likewise for the words “Sturgis”, “Bourinot”, etc. If this principle of interpretation still results in no obvious solution, it would be reasonable to treat the association as having no prescribed parliamentary authority at all. Such association are most definitely encouraged to amend their by-laws to correct this problem.
In most cases, the precise title and version of the parliamentary authority is not going to have a significant impact on the meetings of an association, because most of the well-known manuals of parliamentary procedure agree with each other on most points. But in cases where things become complicated or controversial, having the right book on hand at the right time is critical. Everyone who belongs to any kind of membership organization should research the parliamentary authority of his or her association, and consider purchasing a copy for reference. Links to places to purchase the most common parliamentary authorities used in Canada and the United States can be found on my resources page.
