Can the EC activate an inactive member a priori?

[woodpusher]

Hi, it's woodpusher from Toastmasters again.

Here's the section of the constitution regarding inactive members:

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Inactive individual membership in this club may be conferred by the executive committee of this club on any individual member requesting an extended absence from club meetings, or who wishes to maintain individual membership without regular attendance at club meetings. An individual member may also be classified as inactive for continued absence without notice. An inactive individual member may be restored to active individual membership by the club executive committee upon request, provided there is a vacancy on the active roster of this club.

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Also this section is relevant:

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The club executive committee shall consist of the officers of this club named in this constitution, with the club president serving as the chairman. This Committee shall have charge of all business and administrative affairs of this club and shall consider all matters concerning the welfare of this club. All actions of the executive committee shall be submitted to this club at the next business meeting for ratification. Any decision of the executive committee which this club fails to ratify shall be null and void.

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Can the club pass a bylaw (requires 2/3 plus previous notice, also 2/3 plus previous notice to repeal) that grants active status for an inactive member immediately upon his return, or does the inactive member actually have to apply for active status, have the executive committee consent, and the club ratify?

Would any clauses of the bylaw justify it (such as "active status will be granted in the absence of a reason not to do so?")

Can they pass a standing rule (requires majority vote to pass, majority vote to rescind) to that effect, or would the inactive member have to apply for active status, have the executive committee consent, and have the club ratify? Again would any clauses of the standing rule justify it?

[Rev Ed]

How can the By-laws be amended - that's the formula you have to follow to amend (change) the By-laws to change how an inactive member can become an active member again.

[woodpusher]

The skeleton bylaws (provided by Toastmasters International) say nothing about restoring an inactive member to inactive status. Is the constitution not sufficient?

I was thinking that the proper process would have the inactive member apply for active status, then the executive committee approves the request, then the club ratifies the request, as stated in the constitution.

Can the executive committee approve the request (and the club ratify) -- by virtue of a bylaw or standing rule -- before the inactive member applies for active status (the inactive member simply shows up at a meeting and is declared active by the bylaw or standing rule)?

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Article VII: Amendments

Section 1

Subject to the review of Toastmasters International, and provided the proposed amendment is within the scope of permitted amendments, these Bylaws may be amended, including amendments to change the name or location of this club, at any duly called and noticed business meeting of this club at which a quorum is present, by the affirmative vote of at least two-thirds of the active individual members present and voting. Any such amendment must be proposed in writing by an active individual member at the meeting immediately preceding that at which the amendment is to be voted on.

Section 2

The scope of these Bylaws, and any amendments to these Bylaws, is limited to the matters specifically placed within the discretion of this club by the Club Constitution or by a policy of the Board of Directors of Toastmasters International. This club shall not have the power to amend any reference in these Bylaws to the Club Constitution.

Section 3

Upon its adoption by this club, the club secretary shall immediately mail a copy of any Bylaws amendment to the Executive Director at World Headquarters of Toastmasters International for review. If Toastmasters International finds that the amendment does not exceed the scope of permitted amendments to the Bylaws of this club and is not otherwise improper, the amendment shall be filed in the records of Toastmasters International. If Toastmasters International determines that the amendment exceeds the scope of permitted amendments or is otherwise improper, Toastmasters International shall so notify this club, and the amendment shall be null, void, and of no effect.

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[David A Foulkes]

The skeleton bylaws (provided by Toastmasters International) say nothing about restoring an inactive member to inactive status. Is the constitution not sufficient?

I think what Rev Ed was saying is that, whether found in your constitution or bylaws, the governing rules affecting restoration of active status must be amended if you wish to change that process. Since RONR does not deal with such matters (a member is a member is a member), any degrees of membership need to come from your governing documents, and changes to those rules need to follow the amendment process.

[Rev Ed]

Thanks David - that's exactly what I meant.

[woodpusher]

Actually now that I read all that again, the club does not need to ratify reactivation - but the executive committee does need to approve.

What some of my fellow toastmaster friends have told me is that a reactivation a priori is already legal under the constitution.

(1) Can the club pass a bylaw that reactivates any inactive member immediately upon his return? I am thinking no, because the constitution specifies for the executive committee to do it. The club would be forcing the executive committee to waive their right to reject a request for reactivation.

(2) Can the executive committee vote beforehand to reactivate the member? Something like [a] "the executive committee accepts the member A's petition for inactive status. Immediately upon his return, he shall be reactivated." or "the executive committee acknowledges the club's decision to confer inactive status to member B. Immediately upon his return, he shall be reactivated." (These are the two avenues to acquire inactive status.)

(3) At the beginning of the term, can the executive committee pass a resolution -- something like "Any inactive member shall be reactivated immediately upon his return?"

[Bruce Lages]

You're asking us to interpret your constitution and bylaws, which is something we can't do here. They need to be read in their entirety. What we can tell you is that since you have both documents, the constitution usually ranks above the bylaws and would be governing if the two documents are in conflict. Also, any action taken which conflicts with the constitution or bylaws is null and void (RONR, 11th ed. p. 251, ll.9-10 and 25-26). But your organization will have to decide whether these alternative procedures for regaining active status are in conflict with the constitution or bylaws. See RONR pp. 588-591 for some principles of interpretation.