Leadership Letter
May 2025
ASK COUNSELOR TARA
ASCE’s General Counsel Tara Hoke clarifies legal questions facing sections and branches here each month. Ask Tara your question.
Can we formalize the special rules of order governing our meetings?
Does your board take every vote by roll call rather than “ayes” and “nays”? Do you decide at the start of each committee meeting which member will be responsible for taking minutes? Do you wrap up every board call with a review of your financials?
While Robert’s is the default rule for parliamentary procedure for ASCE and its organizational entities, it is likely that few (if any) of ASCE’s boards or committees practice perfect adherence to Robert’s Rules. Whether you realize it or not, your group has likely developed its own “special rules of order” – modifications to the standard parliamentary procedures or the role of officers that are adopted by a board (or committee) to better fit its unique needs, preferences, or overall culture.
Because these special rules of order are designed to control the actions in a board meeting, it is a best practice to include special rules of order in a Board Operations Manual or other written policy document. However, it is important to note that special rules do not have the same binding authority as a bylaws or constitutional provision. Under Robert’s Rules, a special rule of order can be suspended by a two-thirds vote of the voting members present. The suspension lasts for only that one meeting, unless again suspended by another vote – or unless the board adopts a new special rule of order, which also requires a two-thirds vote.
The most important thing to remember about “special rules of order” is that they reflect the principle that Robert’s Rules are not a perfect fit for all boards, and they provide an avenue for boards (and committees) to establish a process that works best for them.