Definition of the word "day"

[Guest Jeffrey Gordon]

I have been asked about the meaning and intent of the word "day" in an organization's Bylaws. No definition is given and the word "day" and "days" has been used for many years in the organization as calendar days. Someone is questioning the definition. if the organization has used the word "day" with the meaning and intent of "calendar day" and no where in the Bylaws does it say "business" day", then does Roberts Rules of Order have anything to say? The person raising the question is saying that in Strurgis, "day" could mean either "calendar day" or "business day". The organization in question uses RObert Rules of Order.

[Tim Wynn]

I have been asked about the meaning and intent of the word "day" in an organization's Bylaws. No definition is given and the word "day" and "days" has been used for many years in the organization as calendar days. Someone is questioning the definition. if the organization has used the word "day" with the meaning and intent of "calendar day" and no where in the Bylaws does it say "business" day", then does Roberts Rules of Order have anything to say? The person raising the question is saying that in Strurgis, "day" could mean either "calendar day" or "business day". The organization in question uses RObert Rules of Order.

First, if your organization's parliamentary authority is RONR, put away the Sturgis.

Second, RONR doesn't define the word, and your organization will have to decide for itself the meaning of its bylaws. See RONR (11th ed.), p. 588-91 for Some Principles of Interpretation.

[Guest Edgar]

I have been asked about the meaning and intent of the word "day" . . .

On Earth it's 24 hours.

[Shmuel Gerber]

On Earth it's 24 hours.

Where an hour is 1/24th of a day.

[sMargaret]

While your organization needs to decide, by majority vote, in a case where the bylaws are ambiguous, I would suggest that they are not ambiguous if they state "day". A "day" would generally be defined as a calendar day. If your bylaws wish to refer to "business days", then they should state "business days", that being a far more specific term than day.

Point of order to the chair - is the term day in the bylaws calendar or business, and then the chair either rules or puts it to the assembly to decide by majority vote. You can read more on points of order on page 247 of The Book.

Next revision of the bylaws, perhaps define day some spot as calendar day.

[Dan Honemann]

While your organization needs to decide, by majority vote, in a case where the bylaws are ambiguous, I would suggest that they are not ambiguous if they state "day". A "day" would generally be defined as a calendar day. If your bylaws wish to refer to "business days", then they should state "business days", that being a far more specific term than day.

Point of order to the chair - is the term day in the bylaws calendar or business, and then the chair either rules or puts it to the assembly to decide by majority vote. You can read more on points of order on page 247 of The Book.

Next revision of the bylaws, perhaps define day some spot as calendar day.

I'm afraid this doesn't look the least bit like a point of order to me.

[sMargaret]

I was thinking of having the member who is having an issue with the definite of day make the point of order during the meeting, as presumably, there's some sort of issue behind the question, rather than just being a philosophical rambling. For example, perhaps there are 14 days being given to get nominations in to the nominating committee, and there may be a dispute over whether or not that's 14 calendar days or 14 business days.

If it's just a philosophical rambling over what a day is, then the point of order doesn't seem appropriate in that context, no.

[Guest Edgar]

For example, perhaps there are 14 days being given to get nominations in to the nominating committee, and there may be a dispute over whether or not that's 14 calendar days or 14 business days.

But a point of order is raised "when a member thinks that the rules of the assembly are being violated" (p.247), not as a means of resolving some potential ambiguity.

[Dan Honemann]

I was thinking of having the member who is having an issue with the definite of day make the point of order during the meeting, as presumably, there's some sort of issue behind the question, rather than just being a philosophical rambling. For example, perhaps there are 14 days being given to get nominations in to the nominating committee, and there may be a dispute over whether or not that's 14 calendar days or 14 business days.

If it's just a philosophical rambling over what a day is, then the point of order doesn't seem appropriate in that context, no.

Even if "there are 14 days being given to get nominations in to the nominating committee" (nominations seem to be going in the wrong direction here, but forget that), the question to the chair "is the term day in the bylaws calendar or business?" is not a point of order.

And Guest Edgar is exactly right.

[sMargaret]

But a point of order is raised "when a member thinks that the rules of the assembly are being violated" (p.247), not as a means of resolving some potential ambiguity.

How about this scenario?

"Point of order, Madam Chair - the "whatever" was not accepted as it was sent in 14 business days from the announcement, and the committee has now stated that it should be 14 calendar days. The rules of the assembly are being violated - can you please clarify if this is meant to be business days or calendar days."

[Chris Harrison]

How about this scenario?

"Point of order, Madam Chair - the "whatever" was not accepted as it was sent in 14 business days from the announcement, and the committee has now stated that it should be 14 calendar days. The rules of the assembly are being violated - can you please clarify if this is meant to be business days or calendar days."

That would be closer to a parliamentary inquiry though it is not properly framed. I think a properly framed parliamentary inquiry would be asking the Chair whether the 14 day rule is referring to 14 calender days or 14 business days and the Chair would give his opinion on which one it would be. However, this would be merely an opinion and not a ruling and so its usefulness in this situation would most likely be in gauging how the Chair would rule if a Point of Order were raised.

A dispute might occur if notice was given 19 calender days (or 13 business days) prior to the meeting (and for simplicity sakes let's assume there were no holidays in that time period). Then at the meeting an adherent to days meaning business days might raise a Point of Order that notice wasn't properly given since only 13 business days notice was given when 14 is required. The Chair would then rule and that ruling would be subject to Appeal.

[Tim Wynn]

How about this scenario?

"Point of order, Madam Chair - the "whatever" was not accepted as it was sent in 14 business days from the announcement, and the committee has now stated that it should be 14 calendar days. The rules of the assembly are being violated - can you please clarify if this is meant to be business days or calendar days."

MEMBER: Point of order

CHAIR: The member will state the point.

MEMBER: Moonrise Kingdom was properly submitted for movie of the year, so it should listed as one of the official choices.

CHAIR: The point is not well taken; since Moonrise Kingdom was not submitted by the deadline, it will not be listed as one of the official choices.

MEMBER: I appeal from the decision of the chair. (second)

Arguments are made in debate on the appeal.

(of course, everyone already knows Moonrise Kingdom IS the movie of the year.)

[g40]

I think, also, you could end up with confusion and ambiguity of "business day" as well. Whose "business day"? Is Saturday a "Business day", for example?

"Context" (it sure seems to me) could be a factor as well. If a provision calls for 14 days, then it seems to me that supports calendar day since it is an even multiple of calendar days in a week.