Robert’s Rules not legally required – why adopt them?

A councilmember writes: “Our city attorney and mayor are arguing that ‘there are no requirements to adopt Robert’s Rules or parliamentary procedures’ for our city council meetings.” What can I say in response?

You are already following parliamentary procedure

Unless state law says otherwise, the attorney and mayor are right that there is no legal requirement to adopt Robert’s Rules of Order. However, by its nature, a city council already follows some type of parliamentary procedure. It is a “deliberative assembly,” a group of authorized people meeting to make decisions. It must have at least some rules about what constitutes a quorum, how discussion is managed, the role of the chair, and how votes are taken.

Choose some specific rules

Choosing a set of specific rules to follow levels the playing field, gives everyone a chance to speak, makes meetings efficient, and helps hold the chair accountable for their actions. We recommend Robert’s Rules of Order Newly Revised, 12^th edition (the current valid edition). It is lengthy and detailed, but widely used. It is easy to grasp the key principles, for which Jurassic Parliament provides dozens of resources. See below for some other authorities.

Council may face legal liability

The courts have found that even if no specific set of rules—no “parliamentary authority”—has been adopted, a council or other governmental body may still be held to the standards of fair procedure. This is part of the common law in the U.S.—a body of unwritten principles recognized by courts over time.

So if a dispute ends up in court—say, about how a vote was taken, or whether someone was silenced unfairly—judges may evaluate what happened based on the principles in Robert’s Rules. That means a council that ignores those standards could face legal liability, even if it never adopted the rules officially.

The law of the jungle?

Given this, I would ask the attorney and the mayor what system they prefer? If there is no system at all, then the law of the jungle prevails. The loudest voices are heard, and fairness is trampled underfoot. The chair can be a dictator, and no one can gainsay them—until you end up in court.

Alternatives to Robert

Jurassic Parliament recommends:

American Institute of Parliamentarians Standard Code of Parliamentary Procedure (also known as “Sturgis”)

Meeting Procedures – Parliamentary Law and Rules of Order for the 21^st Century by James Lochrie

Other authorities:

Democratic Rules of Order by Fred & Peg Francis

The Modern Rules of Order by Donald Tortorice

Rosenberg’s Rules of Order