Retroactive Application of ByLaw

[clmsntgrs]

Our organization recently adopted a bylaw authorizing the board to remove a member for cause if passed by 2/3 vote.  The question has been raised if we can use this new provision for transgressions of a member that occurred prior to the adoption of the bylaw.  

Prior to the passage of this bylaw there was no provision at all in the bylaws to remove a member and the actions of this member have exposed this loophole.  Some will say the board passed this bylaw solely to the remove the member.   I understand the optics but it is not the sole reason.  

Regardless, would we be able to use this new bylaw to address actions prior to its passage?

[Richard Brown]

On 7/17/2024 at 9:52 PM, clmsntgrs said:

Our organization recently adopted a bylaw authorizing the board to remove a member for cause if passed by 2/3 vote.  The question has been raised if we can use this new provision for transgressions of a member that occurred prior to the adoption of the bylaw.  

Prior to the passage of this bylaw there was no provision at all in the bylaws to remove a member and the actions of this member have exposed this loophole.  Some will say the board passed this bylaw solely to the remove the member.   I understand the optics but it is not the sole reason.  

Regardless, would we be able to use this new bylaw to address actions prior to its passage?

Yes, in my opinion, the prior indiscretion of the member could be the basis of disciplinary action or a motion to expel him from membership. It would be no different than adopting a bylaw amendment that requires the president to be the resident of a certain city or a certain age, such as 30 years old. If that amendment is adopted, and if your sitting president does not live within the city limits of the specified city or if he is not yet 30 years of age, he would automatically and instantaneously cease to be qualified to be president even though he was fully qualified when he was elected, and when he assumed office.

In your example, the member in question might be a good member now, but the fact that he was a bad member six months or a year ago would suddenly become grounds for terminating his membership. 

I will add, however, that if your organization has adopted RONR as its parliamentary authority, sections 61:1–61:3 of RONR (12th ed.) provide that misconduct injurious to the organization or its purposes or which injures the good name of the organization may be grounds for discipline and even for revoking someone’s membership “ Whether the bylaws make mention of it or not.“ 
 

[Joshua Katz]

Agreeing with Mr. Brown, I will note that this is not retroactive application. It would only be retroactive if the membership were revoked as of a date already passed.

On 7/17/2024 at 8:12 PM, Richard Brown said:

I will add, however, that if your organization has adopted RONR as its parliamentary authority, sections 61:1–61:3 of RONR (12th ed.) provide that misconduct injurious to the organization or its purposes or which injures the good name of the organization may be grounds for discipline and even for revoking someone’s membership “ Whether the bylaws make mention of it or not.“ 

Again, I agree, but this bylaw authorizes the board to make the decision, and seems (from the description we have) to reduce or eliminate much of the process.