There is a difference of opinion on the issue of Roberts' Rules automatic
updating of revisions.
Russell Peterson wrote
>Do we know which version is tied to the Minneapolis City Council?
and Brian Melendez wrote
>The Minneapolis City Council's rules (Rule 20) provide that "the
rules of parliamentary practice, embraced in Robert's Rules of Order,
Revised, shall govern the council in all cases to which they are applicable
and in which they are not inconsistent with these rules." The Council
therefore follows the current (tenth) edition, and its rules are
automatically updated when a new edition appears.<
I've always advised cities that revisions/future amendments are not
automatically included when something is adopted by reference. Of course,
when Roberts' is amended, the city can simply adopt the revised version by
ordinance. This conservative an approach follows state statute � 471.62,
Statutes or rules may be adopted by reference. The Attorney General has
consistently opined that future amendments to the building code are not
automatically incorporated, and I do not see a meaningful distinction
between the building code and Roberts' Rules that would justify ignoring
this principle for Roberts'. The AG opinions are:
A uniform building code could be adapted by a village by
incorporating it by reference in a city ordinance, however additional
amendments of the code would be required to incorporate by subsequent
separate ordinance. Op.Atty.Gen., 59a-9, July 18, 1967.
Charter city cannot incorporate in city charter future amendments of
a statute. Op.Atty.Gen., 59-A-11, Jan. 22, 1957.
City cannot enact an ordinance adopting by reference future
amendments of a national building code. Op.Atty.Gen., 59-A-9, March 27,
1956.
The Minnesota Administrative Procedure Act also requires that materials
adopted by reference should include a specific date reference, which would
also seem to preclude automatic adoption of future revisions. sec. 14.07. It
makes sense when you consider Roberts' Rules revisions are not subject to
public comment/review.
Neal Blanchett
Lynnhurst
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