When does a approved motion become effective. Is it retroactive?

[Guest Oscar Wilson]

At a recent board meeting in the month of October , a Motion was made and passed by majority vote.  (#1) The motion was made and approved  that all business receipts must be receive within 45 days to be approved or the expense will be disallowed.  The minutes from this meeting have not been read and approved by the board.

At a  previous board meeting in the month of May under a different board,  a (#2)motion was made and approved that expenses would be approved by the board only when accompanied with  receipts. No time frame was included with this motion. The minutes from this meeting were approved.

My Questions

1) When does a motion that was approved by the board  become active and in effect?

2) If the Minutes of a board meeting have not been approved, are they still in effect?

3) Does motion (#1) override motion (#2) and become retroactive for all previous receipts? ex- A receipt for an expense dated from the month of May was sent to the treasure for reimbursement  in the month of October, after motion #(1) was approved by the current board but the meeting minutes have no been reviewed or approved as yet. Is the receipt from May still allowed to be reimbursed under Motion (#2) or is it disallowed?

 

Thank you for your time.

,

Oscar

[Atul Kapur]

First, I'm going to refer to them as the 'May' and 'October' motions, as your numbering system is counter-intuitive to me.

On 10/23/2022 at 9:02 PM, Guest Oscar Wilson said:

When does a motion that was approved by the board  become active and in effect?

The moment that the presiding officer states that it was adopted, unless the motion stated that it would come into effect at a later date. That is, immediately after the vote result is announced.

On 10/23/2022 at 9:02 PM, Guest Oscar Wilson said:

If the Minutes of a board meeting have not been approved, are they still in effect?

Yes. The approval of the minutes has no effect at all on the status of a motion (you could amend the minutes to -- incorrectly -- delete a motion that was adopted from the minutes but the motion is still in effect).

On 10/23/2022 at 9:02 PM, Guest Oscar Wilson said:

Does motion (#1) override motion (#2) and become retroactive for all previous receipts?

First, I don't see that the May and October motions conflict in any way, so there is no issue of one overriding the other. Motion 'May' says you have to submit receipts. Motion 'Oct' says you have to submit them within 45 days (presumably, within 45 days of the expense).

Any receipts submitted after the October motion was adopted would have to meet this requirement. By definition, a receipt dated in May and submitted after the October motion was adopted would not be eligible for reimbursement. Same with any receipts dated June, July, at least part of August, and possibly early September (the details of the latter two depend on the date that the October motion was adopted).

The body could have delayed the effective date or put in a "grace period" if it had wished to do so. The body may be requested to, exceptionally, allow reimbursement despite this new motion but has no obligation to do so.

If it helps at all with understanding the concept, let's ignore the October motion and just look at May. If an expense was made in April but without a receipt, then a claim submitted after the May motion was adopted would be rejected. Based on what you've told us, the important fact here is when was the claim submitted rather than when was the expense incurred.

That's based on what you've told us about the motions. The specific wording of the motions may change the details of the answers above, but not the concept.

Edited October 24, 2022 at 01:42 AM by Atul Kapur

[Josh Martin]

On 10/23/2022 at 8:02 PM, Guest Oscar Wilson said:

1) When does a motion that was approved by the board  become active and in effect?

Immediately upon the announcement by the chair that the motion was adopted.

On 10/23/2022 at 8:02 PM, Guest Oscar Wilson said:

2) If the Minutes of a board meeting have not been approved, are they still in effect?

The motions adopted at the meeting are effective immediately, unless the motion provides otherwise. The fact that the minutes are not yet approved does not change that.

On 10/23/2022 at 8:02 PM, Guest Oscar Wilson said:

Does motion (#1) override motion (#2) and become retroactive for all previous receipts?

It seems to me that Motion #1 is additive to Motion #2 rather than conflicting with it, so I don't know that I would describing it as "overriding" Motion #2.

In any event, however, the motion is not "retroactive." Receipts which have previously been reimbursed remain valid. At the same time, however, its effect is immediate. As I read the motion, it is applicable to all receipts submitted to the Treasurer on or after the date the motion was adopted.

If the assembly wished to provide a delay in the effective date of the motion, it could have done so, but it does not appear that this was done.

On 10/23/2022 at 8:02 PM, Guest Oscar Wilson said:

A receipt for an expense dated from the month of May was sent to the treasure for reimbursement  in the month of October, after motion #(1) was approved by the current board but the meeting minutes have no been reviewed or approved as yet. Is the receipt from May still allowed to be reimbursed under Motion (#2) or is it disallowed?

As I understand the facts, the receipt in question cannot be reimbursed, since it was submitted to the Treasurer more than 45 days after the date of the expense. Under the rules on this matter now in effect, that is not allowed.

Edited October 24, 2022 at 01:30 PM by Josh Martin

[Gary Novosielski]

When identifying two motions as #1 and #2, it is sometimes beneficial to have motion #2 follow #1 so that a pleasing effect of continuity may be achieved.

[Richard Brown]

On 10/24/2022 at 10:00 AM, Gary Novosielski said:

When identifying two motions as #1 and #2, it is sometimes beneficial to have motion #2 follow #1 so that a pleasing effect of continuity may be achieved.

"Sometimes beneficial"?   I hope you don't mind if I go a step further and say it is almost ALWAYS beneficial and easier to follow if the first (oldest) motion is Motion # 1 and the second, later motion is identified as Motion # 2.   It was, after all, the second pertinent motion that the assembly adopted.

[Gary Novosielski]

On 10/24/2022 at 11:43 AM, Richard Brown said:

"Sometimes beneficial"?   I hope you don't mind if I go a step further and say it is almost ALWAYS beneficial and easier to follow if the first (oldest) motion is Motion # 1 and the second, later motion is identified as Motion # 2.   It was, after all, the second pertinent motion that the assembly adopted.

I do not mind in the least.  I was echoing the words of, I believe, Brother Theodore, (q.v.) or possibly Prof. Irwin Corey,  who said something like:

"I have divided my lecture into two parts, called, for the purposes of identification, Part 1, and Part 2.  I have arranged to have Part 2 follow Part 1, so that a pleasing effect of continuity will be achieved."

Upon reflection, I think it must have been Theodore.  Corey would have said, "for the purposes of identification, Part 1 and Part B."