Adopting the Rules

[Guest Dylan Thayer]

Suppose that an organization is a subsidiary of another parent organization which has a Constitution stating that all subsidiaries of the parent must organize their meetings under Robert's Rules. The subsidiary organization, however, does not adopt Robert's Rules or conduct their meetings in conformance with the Rules. This goes on for years until a member of the subsidiary organization flags the issue. If the organization subsequently adopts Robert's Rules into their by-laws, that adoption would only apply prospectively, correct? Or would it also apply retroactively to all actions of the organization?

 

[George Mervosh]

9 minutes ago, Guest Dylan Thayer said:

Suppose that an organization is a subsidiary of another parent organization which has a Constitution stating that all subsidiaries of the parent must organize their meetings under Robert's Rules. The subsidiary organization, however, does not adopt Robert's Rules or conduct their meetings in conformance with the Rules. This goes on for years until a member of the subsidiary organization flags the issue. If the organization subsequently adopts Robert's Rules into their by-laws, that adoption would only apply prospectively, correct? Or would it also apply retroactively to all actions of the organization?

 

In reality, probably only the five exceptions to a timely point of order found on p. 251 in RONR could apply in certain situations where past actions were taken in violation of those exceptions, so the answer is, possibly both.

[Josh Martin]

1 hour ago, Guest Dylan Thayer said:

Suppose that an organization is a subsidiary of another parent organization which has a Constitution stating that all subsidiaries of the parent must organize their meetings under Robert's Rules. The subsidiary organization, however, does not adopt Robert's Rules or conduct their meetings in conformance with the Rules. This goes on for years until a member of the subsidiary organization flags the issue. If the organization subsequently adopts Robert's Rules into their by-laws, that adoption would only apply prospectively, correct? Or would it also apply retroactively to all actions of the organization?

The amendment to the organization’s bylaws does not have retroactive effect.

Because the parent organization’s bylaws already required subsidiary organizations to use RONR, however, and the parent organization’s rules take precedence, it is conceivable that a Point of Order could be raised in regard to a past action due to the parent organization’s rule. Generally speaking, however, a Point of Order regarding a violation of the rules must be made at the time of the breach in order to be timely. There are a few exceptions for particularly egregious violations.