Retroactive rule change?

[Treasurer Forever]

Our dog breed club has an awards program; the guidelines for participation are NOT part of the club bylaws. A change has been suggested, effective January 1; however, we had to table the discussion until our January meeting, as it grew too heated and was going over our meeting time limit!

The people in favor of the change are hoping that if the change is approved at our meeting in mid-January, it can be retroactive to January 1, 2013. One member who has some parliamentarian experience says that this change cannot be made retroactive. She believes that it couldn't take effect until January 2014.

Many people see no reason why we cannot make this retroactive, especially since the time frame from January 1 to the first meeting is very short.

Input please!

[Guest Edgar]

The people in favor of the change are hoping that if the change is approved at our meeting in mid-January, it can be retroactive to January 1, 2013. One member who has some parliamentarian experience says that this change cannot be made retroactive. She believes that it couldn't take effect until January 2014.

Well, the default rule is that an adopted motion takes effect immediately so I'm not sure where this person gets her idea about 2014.

And I'm not sure what you mean by "retroactive". You could, for example, adopt a rule requiring all members to own a dog and it would apply even to those who became members before the rule was adopted. Some would see that as "retroactive" even though it's not.

So what sort of "retroactivity" do you have in mind?

[Treasurer Forever]

The award is for "Obedience Dog of the Year", "Agility Dog of the Year", etc. The member submits their three highest scores for the calendar year. If it took effect immediately, that would elliminate scores from the weeks prior to the meeting.

Maybe it would be helpful if I included the change: currently the dog has to be handled by the owner. The change would be that the owner can have a substitute handle the dog, esp. important if the owner is injured.

[J. J.]

First, it was out of order to lay the motion on the table beyond the quarterly time interval. A motion accomplishing the same thing can be "renewed," made again, at the next meeting.

Second, I would see no procedural reason why an award could not be made retroactive. I am aware of awards being given both posthumously and granted posthumously even though the award was not in existence at the time of death.

I would ask the person raising this claim to indicated where she has gotten this impression.

[Guest Edgar]

If it took effect immediately, that would elliminate scores from the weeks prior to the meeting.

Not necessarily. The calendar year is the calendar year, regardless of when the motion is adopted. Just use care when crafting the language of the motion.

[Trina]

Our dog breed club has an awards program; the guidelines for participation are NOT part of the club bylaws. A change has been suggested, effective January 1; however, we had to table the discussion until our January meeting, as it grew too heated and was going over our meeting time limit!

The people in favor of the change are hoping that if the change is approved at our meeting in mid-January, it can be retroactive to January 1, 2013. One member who has some parliamentarian experience says that this change cannot be made retroactive. She believes that it couldn't take effect until January 2014.

Many people see no reason why we cannot make this retroactive, especially since the time frame from January 1 to the first meeting is very short.

Input please!

There is no basic principle that makes 'retroactive' rules improper under RONR. It is possible, for example, to elect someone to a two-year term of office as Chief Dogcatcher in November, and then to amend the bylaws to remove that office entirely four months later. What happened to the CD's other 20 months of elected office? Poof... The same thing applies when changing rules or policies -- the new language takes effect upon adoption, even if that language reaches back in time in some way. If the retroactive effects appear unfair, it is up to the people crafting the motion to take that into account, and to modify the language, if desired, prior to adopting the motion.

Now, if your bylaws happen to specify that the guidelines for participation for the awards program can only be changed at certain times, or with a certain amount of notice to the membership, the rule in the bylaws must be followed.