Bylaws restriction--does it apply to two areas

[Guest peggy]

Question has to do with election to membership as outlined in our bylaws.

Article 1 of the bylaws outlines types of members, and the process of board members voting on applications.

Article 1 Section 3 includes the following sub-paragraph:

Applicants shall be elected by secret ballot at any meeting of the Board of Directors or by secret vote of the Directors by mail. The Directors will review an applicant’s qualifications for membership without prejudice towards any hearsay, undocumented claims referencing the applicant, or statements contained in his/her application

Article 1 Section 4: (talks about termination of membership) includes the following

Lapse. A membership will be considered as lapsed and automatically terminated if such member’s dues remain unpaid thirty (30) days after the 31st day of January of each year. Upon petition and good cause shown, the Board may grant, in its discretion, retroactive relief for a member due to a delinquency beyond the extended deadline

here's the question:

Sub-paragraph b in Section 3 introduces a certain restriction in the thought-process when the board members vote on an applicant.

Does this restriction apply to both cases...voting on new applicants, and voting on lapsed members?

It is my contention that this restriction does not apply to the thought-process when board members vote to grant "retroactive relief' for lapsed members. i believe this because the situations are listed separately and because of the use of the term "in its discretion".

Without commenting on the advisability of anything existing in these bylaws, I would appreciate insight from others on this question.

thanks

peggy

[Chris Harrison]

It is up to you all to interpret your own bylaws. See RONR pp. 588-591 for some principles to help with that.

[Guest Peggy]

To clarify what I think you said....you are saying it is not automatic that the restriction stated in Section 3 applies to Section 4. But that the board of directors / club members may determine how they wish / expect the clauses to apply or not apply in this case.

Is that right?

thanks

peggy

[George Mervosh]

To clarify what I think you said....you are saying it is not automatic that the restriction stated in Section 3 applies to Section 4. But that the board of directors / club members may determine how they wish / expect the clauses to apply or not apply in this case.

Is that right?

thanks

peggy

No Chris said we're not permitted to interpret bylaws in this venue and then provided you with RONR's principles of interpretation so your group can do it themselves.

[Guest Peggy]

ok, thanks. I think I finally got it.

peggy