When bylaws are effective/start

[Guest Heidi]

We just voted in new bylaws in March 2023 that allow associate members to have voting rights after attending 3 consecutive meetings. The start date of this specific bylaw was not stated within the bylaw.  There is disagreement within the group about when that bylaw should take effect given there was not a specific date.  My assumption was that the bylaw would start when it was voted in, can someone help answer this question? BTY- we are not sure how accurate the attendance records are from the prior years. Thanks! 

[Gary Novosielski]

If no proviso regarding the effective date is included in the motion, or in the text of the amendment, then it takes effect as soon as the result of the vote is announced by the chair.

I'm not sure why attendance records from prior years would enter into it.  Does the language of the amendment seek to make it retroactive?

[Atul Kapur]

The question appears to be whether attendance at meetings before the bylaw amendment was adopted count towards the 3 meetings.

This depends on the exact wording of the amendment but, unless it specifies otherwise, I would say that yes, they do count. This isn't "retroactive" application. As of now, the requirement is 3 meetings, unless the amendment said 3 meetings starting now. So an associate who attended the two meetings prior to the amendment being adopted and the meeting where it was adopted would have rights at the next meeting. [NB: I am making several assumptions about the wording of the amendment - it would help if you provide the full wording of it and the motion that adopted it, to see if there were any provisos).

Similarly, if an amendment put in a limit that an officer can only serve two consecutive terms, someone who is in their third consecutive term in the same office would immediately be out of the office once that amendment was adopted, unless the amendment or a proviso specified otherwise.

Edited April 12, 2023 at 11:39 AM by Atul Kapur

[Richard Brown]

On 4/12/2023 at 6:34 AM, Atul Kapur said:

The question appears to be whether attendance at meetings before the bylaw amendment was adopted count towards the 3 meetings.

This depends on the exact wording of the amendment but, unless it specifies otherwise, I would say that yes, they do count. This isn't "retroactive" application.

I agree with Dr. Kapur's response above.

[Gary Novosielski]

On 4/12/2023 at 1:01 PM, Richard Brown said:

I agree with Dr. Kapur's response above.

I don't disagree with it, but I haven't seen language either.  It could probably go either way--especially if the records for past attendance are questionable.