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Bylaw Revisions


Guest Alex

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If an Association changed their bylaws to the eligiblity of an officer, would that mean that the individual(s) would retain their position until the next election cycle or would they lose it immediately.  Also, would s/he have to return a pro-rated portion of his/her stipend if this were allowed to operate retroactively.

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It's quite possible to change the bylaws so that a current office-holder is no longer eligible to hold that office. Indeed, it's possible to change the bylaws to eliminate that office altogether. In these cases many organizations will include a "proviso" in the amendment that "grandfathers" the current office-holder. But absent such a proviso, he could very well be out of a job at the moment the amendment is declared adopted.

 

Note that this change is not really "retro-active". It applies to the current situation.

 

As for refunding any money, I'm afraid that's something you'll have to figure out for yourselves.

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You can't change history, so in that sense, no, you can't make a bylaw change retroactive. Any actions that have been taken because of that history can't be undone, but you may be able to take actions that reverse the results of those actions. As for trying to get money back from someone, good luck with that, but unless the person is willing to return the money, I expect you won't have much success.

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