Handling an oversight at a meeting

[rbk]

Our group's bylaws state: "The names of the Department members who have not paid their annual dues at or before the Regular Meeting in January shall be read by the Treasurer at that meeting...." At our January meeting, the Chair reminded members to pay their dues, but the Treasurer neglected to read the names of delinquent members, and no one noticed. Reading the names of delinquent members is the first step in a process: in February, delinquent members are suspended from the Department, and in March, they're dropped. Is there anything we need to do about the mistake? Do we suspend delinquent members in February, per the bylaws?

[Joshua Katz]

On 1/11/2022 at 1:00 PM, rbk said:

Do we suspend delinquent members in February, per the bylaws?

This seems to me to be a question of bylaw interpretation. Do the bylaws specify the process you speak of, that is, as a sequence, or do they just say that all these things happen? That's a question only your organization can answer. We might have some general advice, though, if you want to post the exact bylaw language involved.

[rbk]

On 1/11/2022 at 1:20 PM, Joshua Katz said:

This seems to me to be a question of bylaw interpretation. Do the bylaws specify the process you speak of, that is, as a sequence, or do they just say that all these things happen? That's a question only your organization can answer. We might have some general advice, though, if you want to post the exact bylaw language involved.

Here is the relevant section of the bylaws:

16.2.  Procedure for Delinquent Members
The names of the Department Regular, Probationary, and Administrative members who have not paid their annual dues at or before the Regular Meeting in January shall be read by the Treasurer at that meeting and a list of such names shall be posted on the bulletin board in the Volunteer Office of the station by the Treasurer.  Any members who have failed to pay their dues at or before the Regular Meeting in February shall be automatically suspended  from  membership.  A dues payment from any suspended member shall automatically restore a suspended member’s membership.  Notwithstanding the foregoing, if such failure to pay dues continues up to the beginning of the Regular Meeting in March, then such members will be dropped from the membership rolls for failure to pay dues.  The Secretary shall provide written notice to any member who is dropped from the membership rolls as set forth above.

[Joshua Katz]

On 1/11/2022 at 1:31 PM, rbk said:

Notwithstanding the foregoing

Well, again, this could go two ways. It could mean that, whatever happened before, this is the rule. Or it could mean that if the they don't pay after all this is done, this is the rule. I'm not comfortable opining and see no meaningful application of the principles of bylaw interpretation I can point to. What I can tell you is the means by which your organization will need to decide. In March, the names either will be dropped from the rolls or not. Either way, a point of order may be raised. (If they are dropped, and no one wants them there, then I guess one won't be raised.) The chair will rule on that, and the ruling can be appealed. By deciding on appeal, the membership will decide what this bylaws provision means, and will set a precedent that stands unless the membership later reverses it on appeal.

[Richard Brown]

I agree that this is a matter of bylaws interpretation.  My own interpretation, for whatever it is worth as a non-member, is that failure to read the names of the delinquent members at the January meeting does not prohibit the subsequent dropping of those members for non payment of dues as the rest of the bylaw provision provides.

[Shmuel Gerber]

On 1/11/2022 at 2:27 PM, Joshua Katz said:

What I can tell you is the means by which your organization will need to decide. In March, the names either will be dropped from the rolls or not. Either way, a point of order may be raised. (If they are dropped, and no one wants them there, then I guess one won't be raised.) The chair will rule on that, and the ruling can be appealed. By deciding on appeal, the membership will decide what this bylaws provision means, and will set a precedent that stands unless the membership later reverses it on appeal.

A point of order and appeal would be appropriate only at a time when the issue arises in connection with business at a meeting. If a suspended or dropped member attempts to exercise membership rights at a meeting, then a member can raise a point of order or the chair can rule that the (ex)-member has no right to do so, and from the chair's ruling an appeal can be made (by a member in good standing).

But it would not be appropriate for a suspended or dropped member to simply raise a point of order such as "The treasurer told me that I've been suspended, so I make the point of order that I shouldn't have been, because my name wasn't announced in January." If nothing has happened procedurally at the meeting that would be affected by the status of these members, then a point of order would not be the appropriate tool.

[Joshua Katz]

Mr. Gerber has it right; I spoke less than precisely.