bylaw interpretation

[Jodi]

Question: 

Are we in violation of the bylaws if the bylaws indicate you must complete an application form and the form indicates there is a waiting period of 6 months, even though the Bylaws don’t state there is a waiting period of 6 month?

This is in the by-laws:

Each applicant for candidate membership, junior membership or membership will

complete an application form, approved by the board, to the membership chairman. The

form will contain a provision that the applicant agrees to abide by the club bylaws and

rules of the AKC. Applications for membership, but not candidate or junior membership,

will identify two members sponsoring the applicant. Applicants will deliver the

completed application form and a remittance in the amount of the dues payable for the

current year to the membership chairman. The membership chairman will present the

names of applicants for membership to the board for review as soon as their respective

applications are complete. The board will consider each application and, at the next

regular club meeting, will recommend to the membership whether the applicant should be

considered for membership.

This is on the Full Membership application:

“I/we have been a member candidate of the Durham Kennel Club for the required six months, and I/we would like to be considered for full Membership.”

[Chris Harrison]

Ultimately it will be up to you all to determine if the Board (and Membership) are rule-bound to honor the six month "requirement" as located in the application.  However, and this very well may require some in-depth research into the past history of the organization, is it possible that the Bylaws may have at one point imposed a six month requirement which was later repealed and the application wasn't changed to reflect the removal of the six month requirement?  Or, was the provision never repealed but the current copy of the Bylaws for some reason no longer reflect the correct language?  Also, do the Board and/or Membership have the authority to establish rules governing the length of time a prospective member must wait before being able to apply without having to change the Bylaws?

To answer both questions you will need to look to the Bylaws in their entirety and the minutes of both the Board* and General Membership because the minutes are the place you would find any bylaw amendments and rules addressing your question.

*Only Board members have a right to inspect the minutes of Board meetings so if you aren't a Board member you will either need to get the General Membership to authorize you to inspect them or get a current Board member to do it for you.

[Greg Goodwiller, PRP]

It appears to me that the six month requirement is a requirement imposed by the Board, rather than by the membership in its bylaws. Therefore, any exception to the requirement would need to be made in accordance with the board's rules (which may also be in  the bylaws) for the suspension of its rules.

[Josh Martin]

13 hours ago, Greg Goodwiller said:

It appears to me that the six month requirement is a requirement imposed by the Board, rather than by the membership in its bylaws.

The board does not have the authority to create additional requirements, however, unless authorized to do so by the bylaws.

It appears that the board does recommend to the membership whether to grant membership in a particular case, and this decision appears to be based entirely on the board’s discretion. If the board wishes to recommend that an applicant not be granted membership on the basis of being a member candidate for less than six months, it is free to do so, but the board cannot create a rule that provides that only those who have been member candidates for more than six months shall be eligible for membership, unless the bylaws specifically authorize the board to create additional requirements for membership.

Based on the facts provided so far, the bylaws are quite clear that the requirements for membership are to submit an application, to agree to the club’s bylaws and other rules, to have two members as sponsors, and to pay the required dues. While the bylaws provide that the board shall approve the form of the application, I do not think it reasonable to interpret this as authorizing the board to create new requirements for membership.

18 hours ago, Jodi said:

Are we in violation of the bylaws if the bylaws indicate you must complete an application form and the form indicates there is a waiting period of 6 months, even though the Bylaws don’t state there is a waiting period of 6 month?

Based on the facts provided, yes.

[J. J.]

When the bylaws establish criteria for some thing, additional criteria for that thing are not permitted (pp. 589-90, 4). 

If this club chooses chooses to establish addition criteria, it must amend its bylaws to do so.   The only exception would be if the bylaws grant the membership meeting, or some other body, e.g. the board, the ability to create additional criteria.