What do the General Statutes say about whether a motion at a board meeting was proper? When multiple motions are pending during a board meeting, which motion should the board address first? What laws govern how to rescind an action or reconsider a motion? What does it mean for something or someone to be “out of order”? Public officials often raise these questions, and the tricky answer is that these topics are most often not governed by law or statute. Instead, these are procedural issues that depend on each jurisdiction’s local rules. This series of blog posts will introduce parliamentary procedure and discuss some frequently asked procedural questions.

What is parliamentary procedure?

The procedural rules local governments use today date back to the sixteenth and seventeenth centuries and have their roots in English Parliament. (RONR (10^th ed.), p. xxviii-xxvix). Because these rules originated from English Parliament, they are called “parliamentary procedures.” According to the National Association of Parliamentarians, parliamentary procedures are “the commonly accepted way a group of people come together, present and discuss possible courses of action, and make decisions.” More specifically, they are a body of rules that govern how deliberative bodies make decisions effectively and in a fair and consistent manner. Procedural rules therefore govern motion practice, who can speak at meetings and when, whether there will be debate and its duration, the particulars surrounding agendas, and many other topics relevant to executing a meeting. In short, parliamentary procedure explains how to run a meeting.

Imagine that board meetings are like football games (that might be too apt of an analogy at times!). In football, there is a system for keeping score, calling penalties, and deciding whether something is out of bounds. It’s these rules that give the game structure and meaning and ensure that teams can compete equally. The same is true for rules of parliamentary procedure in board meetings. They give all board members the same “playbook” so that board members can work together to conduct meetings and make decisions.

What procedural rules do local government boards follow?

So, what procedural playbook should local governments use? Statute empowers governing boards to adopt their own local rules of procedure with some restrictions. (G.S. 160A-71(c); 153A-41). These same statutes also allow governing boards to adopt procedural rules on behalf of the boards and committees they create. Alternatively, governing boards may delegate the power to enact rules of procedure to their created boards, meaning that many appointed boards or advisory committees adopt their own rules of procedure.

Local government boards may choose to adopt pre-existing standard rules of parliamentary procedure such as Robert’s Rules of Order (“Robert’s Rules”), the School of Government’s Suggested Rules of Procedure for City Councils, the School of Government’s Suggested Rules of Procedure for the Board of County Commissioners  or the School of Government’s Suggested Procedural Rules for Local Appointed Boards (collectively, “SOG’s Suggested Rules”). Some local rules might be a mixture of these resources. Local rules differ from jurisdiction to jurisdiction, and they commonly have answers for questions that statutes do not address. Consequently, it is crucial for local government board members to become familiar with the local rules that apply in their particular jurisdiction.

What are the restrictions on adopting local procedural rules? Under statute, local rules of procedure for cities must be consistent with city charters, state and federal law, and with “general principles of parliamentary procedure.” G.S. 160A-71(c). Cities therefore cannot enact local rules of procedure that violate their charters or state or federal law. Similarly, counties may adopt rules of procedure so long as they are consistent with the “spirit of generally accepted principles of parliamentary procedure.” G.S. 153A-41. While Section 153A-41 does not explicitly state that county local rules of procedure cannot violate state or federal law, we should assume that local rules that violate the law are invalid in counties as well.

As noted above, both the city and county statutes require local rules to be consistent with “general parliamentary principles”. General parliamentary principles are the foundational ideas common to all sources of parliamentary procedure that embody the rules’ underlying purposes. General parliamentary principles exemplify the values that parliamentary procedure attempts to further – efficiency, fairness, and consistency. For example, the idea that a majority is required for a body to act is a foundational, bedrock principle of parliamentary procedure that relates to the value of fairness. ((RONR (10^th ed.), p. 4, l. 5-7); (SOG Suggested Rules (Cities), 4^th. Ed., p. 2); (SOG Suggested Rules (Counties), 4^th ed., p. 2)). As a result, no local government boards can adopt a rule of procedure that allows for board action by minority or individual vote because that rule would violate a generally accepted principle of parliamentary procedure. Another example is the quorum requirement. A general, foundational rule of parliamentary procedure is that a quorum is required to conduct official business as a matter of efficiency and fairness. ((RONR (10^th ed.), p. 20, l. 10-15); (SOG Suggested Rules (Cities), 4^th. Ed., p. 2); (SOG Suggested Rules (Counties), 4^th ed., p. 2)). A city or county board would therefore be unable to adopt a local rule dispensing with the quorum requirement. For a better understanding of what constitutes a general principle of parliamentary procedure, read up on Robert’s Rules or the SOG’s Suggested Rules.

How do boards adopt local procedural rules?

Local procedural rules can take any form. Some boards adopt their rules in the form of an ordinance, policy, or resolution. Some independently adopt the rules as their own document, without framing them as an ordinance, resolution, or policy. Any of those options is permissible, as long as the action is taken by majority vote. To formally adopt local rules, the board should vote on the rules at a properly noticed open meeting and should secure a majority vote in favor. Statute does not require a public hearing prior to adopting local procedural rules.

Bottom Lines

When a board member has a question that pertains to how a meeting should be run, the answer is often a matter of local procedure. As a result, local governments should adopt their own rules of procedure. Having a common playbook will make meetings more efficient and diminish conflicts so that officials can focus on the substance of government. Local governments can adopt pre-existing rules such as Robert’s Rules or the SOG’s Suggested Rules, develop their own, or enact some combination of pre-existing and original rules. Local rules cannot violate state or federal law, city charters, or generally accepted principles of parliamentary procedure. To adopt local rules, boards should formally meet and hold a vote. A majority vote in favor is required to enact or adopt any local rules.

Next time, we’ll discuss what parliamentary procedure tells us about motions. I know you’re on the edge of your seat!