Guest Sophia Posted October 23, 2020 at 11:52 PM Report Share Posted October 23, 2020 at 11:52 PM If changes to an assembly's Bylaws must be ratified by a parent assembly, do the Bylaws changes take effect when the assembly votes on them or only after the parent assembly ratifies them? Quote Link to comment Share on other sites More sharing options...
J. J. Posted October 24, 2020 at 12:44 AM Report Share Posted October 24, 2020 at 12:44 AM That will depend on the bylaws of the parent body. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 24, 2020 at 09:40 AM Report Share Posted October 24, 2020 at 09:40 AM 9 hours ago, Guest Sophia said: If changes to an assembly's Bylaws must be ratified by a parent assembly, do the Bylaws changes take effect when the assembly votes on them or only after the parent assembly ratifies them? Well, if bylaw amendments must be ratified in order to become effective, then they will not become effective unless and until they are ratified. Quote Link to comment Share on other sites More sharing options...
Guest Sophia Posted October 24, 2020 at 02:12 PM Report Share Posted October 24, 2020 at 02:12 PM I guess that is the reason for my question. We were told we had to submit or Bylaws for ratification, but this requirement does not appear in the parent organization's Bylaws. So it's unclear to me if the ratification is required to make them effective or not. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 24, 2020 at 02:40 PM Report Share Posted October 24, 2020 at 02:40 PM 24 minutes ago, Guest Sophia said: I guess that is the reason for my question. We were told we had to submit or Bylaws for ratification, but this requirement does not appear in the parent organization's Bylaws. So it's unclear to me if the ratification is required to make them effective or not. Well, you may rest assured that nothing in Robert's Rules requires that amendments to your bylaws must be ratified by your parent organization. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 24, 2020 at 03:01 PM Report Share Posted October 24, 2020 at 03:01 PM 14 hours ago, Guest Sophia said: If changes to an assembly's Bylaws must be ratified by a parent assembly, do the Bylaws changes take effect when the assembly votes on them or only after the parent assembly ratifies them? 39 minutes ago, Guest Sophia said: I guess that is the reason for my question. We were told we had to submit or Bylaws for ratification, but this requirement does not appear in the parent organization's Bylaws. So it's unclear to me if the ratification is required to make them effective or not. I think there are two separate questions here. One question is whether ratification is required in the first place. No rule in RONR requires that the bylaws of a subordinate chapter be ratified by the parent organization. If such a rule exists, it would need to be in the rules of your society or the rules of your parent organization. The second question is when the bylaw amendments take effect in the event that ratification is required. RONR provides that when ratification is required, the changes are not effective until they are ratified. "The motion to ratify (also called approve or confirm) is an incidental main motion that is used to confirm or make valid an action already taken that cannot become valid until approved by the assembly." RONR (12th ed.) 10:54 So I think the next step is to ask whoever told you that you had to submit your bylaws for ratification to show you the rule which says so. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted October 24, 2020 at 03:11 PM Report Share Posted October 24, 2020 at 03:11 PM (edited) Agreeing with Mr. Honemann, any such requirement would have to be contained in the rules of the parent assembly. It is further my opinion that such a provision would have to be contained in the bylaws of the parent assembly and not in some lesser rule, unless the bylaws of the parent assembly specifically grant it the power to adopt rules regarding approving the bylaws of affiliates. Ask the representative of the parent organization to provide you with a citation to and a direct quote of the rule upon which they are relying. Edited to add: Based upon your statement that the bylaws of the parent organization contain no Provision requiring ratification, it is my opinion that your bylaw amendments became effective upon adoption unless the bylaws of the parent organization contain a provision permitting it to adopt rules regarding approving bylaws of affiliate organizations and that it has adopted such a rule. Mr. Martin posted his last comment as I was typing mine. I agree with his comments as well as with those of Mr. Honemann. Edited October 24, 2020 at 03:18 PM by Richard Brown Added last two paragraphs and made typographical correction Quote Link to comment Share on other sites More sharing options...
Guest Sophia Posted October 24, 2020 at 03:57 PM Report Share Posted October 24, 2020 at 03:57 PM Thanks very much for your advice. Quote Link to comment Share on other sites More sharing options...
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