AU_Tygrz Posted August 2, 2010 at 12:08 PM Report Share Posted August 2, 2010 at 12:08 PM I seem to recall in RONR (my copy is loaned out) that there is a passage that states (not verbatim)...If a section of the bylaws are unclear that the intention of what the authors meant is how it how that section should be interpreted. I sure would appreciate it if someone could quote me the section, page # and the correct wording of that section of RONR here. Being in small town Alabama, even our library doesn't have the current version of RONR. Thanks, in advance. Link to comment Share on other sites More sharing options...
STA Posted August 2, 2010 at 12:15 PM Report Share Posted August 2, 2010 at 12:15 PM In preparing bylaws and interpreting them, the following principles of interpretation - which have equal application to other rules and documents adopted by an organization - may be of assistance. 1) Each society decides for itself the meaning of its bylaws. When the meaning is clear, however, the society, even by a unanimous vote, cannot change that meaning except by amending its bylaws. An ambiguity must exist before there is any occasion for interpretation. If a bylaw is ambiguous, it must be interpreted, if possible, in harmony with the other bylaws. The interpretation should be in accordance with the intention of the society at the time the bylaw was adopted, as far as this can be determined. Again, intent plays no role unless the meaning is unclear or uncertain, but where an ambiguity exists, a majority vote is all that is required to decide the question. The ambiguous or doubtful expression should be amended as soon as practicable. [RONR p.570 l.16-29] Link to comment Share on other sites More sharing options...
AU_Tygrz Posted August 2, 2010 at 12:35 PM Author Report Share Posted August 2, 2010 at 12:35 PM Thank You!! Link to comment Share on other sites More sharing options...
George Mervosh Posted August 2, 2010 at 01:05 PM Report Share Posted August 2, 2010 at 01:05 PM In preparing bylaws and interpreting them, the following principles of interpretation - which have equal application to other rules and documents adopted by an organization - may be of assistance. 1) Each society decides for itself the meaning of its bylaws. When the meaning is clear, however, the society, even by a unanimous vote, cannot change that meaning except by amending its bylaws. An ambiguity must exist before there is any occasion for interpretation. If a bylaw is ambiguous, it must be interpreted, if possible, in harmony with the other bylaws. The interpretation should be in accordance with the intention of the society at the time the bylaw was adopted, as far as this can be determined. Again, intent plays no role unless the meaning is unclear or uncertain, but where an ambiguity exists, a majority vote is all that is required to decide the question. The ambiguous or doubtful expression should be amended as soon as practicable. [RONR p.570 l.16-29]Just wanted to highlight the last sentence since it's the most important one, in my opinion. Link to comment Share on other sites More sharing options...
hmtcastle Posted August 2, 2010 at 03:53 PM Report Share Posted August 2, 2010 at 03:53 PM Just wanted to highlight the last sentence since it's the most important one, in my opinion.I would also have highlighted, "intent plays no role unless the meaning is unclear or uncertain". I seem to recall more than one scenario on this forum where the bylaws clearly say one thing (perhaps something foolish) but the poster is sure that something else must have been intended. Link to comment Share on other sites More sharing options...
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