Guest Guest Posted March 28, 2012 at 08:09 PM Report Share Posted March 28, 2012 at 08:09 PM Our board has proposed a bylaw making an action of a specific general member a violation so they can remove him from the club. Is it possible to retroactively apply a bylaw to a situation which first began a year ago (but still continues, however, he's never been approached about it)? Thanks Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 28, 2012 at 08:35 PM Report Share Posted March 28, 2012 at 08:35 PM Yes. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 28, 2012 at 08:40 PM Report Share Posted March 28, 2012 at 08:40 PM Yes.You say this only because the situation is ongoing at the present, yes? Link to comment Share on other sites More sharing options...
Bruce Lages Posted March 28, 2012 at 08:45 PM Report Share Posted March 28, 2012 at 08:45 PM RONR (11th ed. p. 597, ll 2-6, says that an amendment to the bylaws goes into effect immediately upon its adoption, unless the motion to adopt specifies another time for its becoming effective, or the assembly has set another time by a previously adopted motion. So this statement alone doesn't distinguish between setting a later time or an earlier time for the amendment to go into effect. However, the examples of this given later in that same paragraph are "with the proviso that ... this amendment shall not go into effect until after the close of this annual meeting" (ll.9-11), and "an incidental moition can be adopted that, in the event of the amendment's adoption, it shall not take effect until (my emphasis) a specified time". (ll.12-14). So, I think this makes it clear that RONR considers that a separate time for a bylaw amendment to take effect will be later than the time the amendment is adopted.But, just from a standpoint of common decency and fairness, it seems to me that retroactively making actions already taken against the rules is a bad idea. And, if, as you say, the actions in question are continuing to occur, then you certainly can take disciplinary action for any continuing occurrences that ake place after the bylaw amendment is adopted. Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 28, 2012 at 09:30 PM Report Share Posted March 28, 2012 at 09:30 PM You say this only because the situation is ongoing at the present, yes?No. I see it being similar to an officer being legislated out of office by adopting an amendment imposing term limits when the officer has served beyond the limit. Or more along the lines of the OP's case legislating a member right out of membership even though he has been a good boy for the last few years by adopting an amendment which automatically expels a member who has been censured more than 3 times inside of a month and five yeas ago the member was censured 4 times in a month. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 28, 2012 at 10:46 PM Report Share Posted March 28, 2012 at 10:46 PM No. I see it being similar to an officer being legislated out of office by adopting an amendment imposing term limits when the officer has served beyond the limit. Or more along the lines of the OP's case legislating a member right out of membership even though he has been a good boy for the last few years by adopting an amendment which automatically expels a member who has been censured more than 3 times inside of a month and five yeas ago the member was censured 4 times in a month.I think this is a somewhat more extreme case, but nonetheless, I agree that there is no rule in RONR which would prevent the society from inflicting this sort of "retroactive punishment."Whether it is fair, advisable, or even legal (the Bylaws are, after all, in the nature of a contract) to do so is another question entirely. Link to comment Share on other sites More sharing options...
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