From ap_wallace at yahoo.com Sat May 31 01:49:36 2003 From: ap_wallace at yahoo.com (Andrew P. Wallace) Date: Sat, 31 May 2003 01:49:36 -0700 Subject: [OldNorth] FW: By-laws Message-ID: By-laws Message below from Tom Cross **************************************************************************** ***************************************** In response to John L.'s & Dan Q.'s inquiries regarding the by-laws. Here is the section in question. 12. Amendments These Bylaws may be amended by a unanimous vote of the Board of Directors in which all seven members vote, by a majority vote of the membership at an Annual Meeting, or by a majority vote of the membership in a mail ballot. Thirty (30) days notice must be provided to all members prior to a vote to change the bylaws. Such notices shall include any proposed changes to the bylaws. 1) From my notes we gave notice at the two prior meetings about the discussion, and in the news letter giving more than 30 days public notice. If this is not to the letter of the by-laws it is with the spirit. 2) Yes we may not have provided the proposed changes prior to the meeting, this is not illegal because their was not any intent. I think it is more of a function of inexperience, and we tried to follow the spirit of the by-laws. 3) The BOD voted 7-0 in favor of the change. I propose that if any other associate member except John L. & Dan q. has a problem with the changes to the by-laws please forward them to the board. If so then the 03/04 BOD may inquire to the changes properly. If not then let the changes stand. Here are the changes once again. The specific wording that was changed to is as follows: 9.3 Proxies. 9.3.1 The Association shall not allow the use of proxy or absentee vote. 9.3.2 The Association shall not allow the use of proxy vote for monthly Board Activities. 9.3.3 The Association shall allow the use of absentee vote for the use of Annual Board of Directors Election. Thank you for your time. Tom -- ************************** Thomas Cross P.O. Box 2275 Davis, CA 95617-2275 (530) 750-3788 Phone & Fax TSCross at ucdavis.edu -------------- next part -------------- An HTML attachment was scrubbed... URL: From dequickert at omsoft.com Sat May 31 09:29:09 2003 From: dequickert at omsoft.com (Dan Quickert) Date: Sat, 31 May 2003 09:29:09 -0700 Subject: [OldNorth] FW: By-laws Message-ID: <01C32757.175FD3E0.dequickert@omsoft.com> The President's response is patently absurd. Aside from his factual error ("in the news letter giving more than 30 days public notice"), the bylaws clearly state that the 30-day notice must include the specific changes to be enacted. You cannot declare an action valid by fiat, merely because it was desired and "there was not any intent". Furthermore, it should not matter *who* brings it to the attention of the Board that an action was inconsistent with the bylaws; the Board should - and can easily - act responsibly when it has been shown to be in error. This Association was created to foster communication and trust; those goals are not served by expediency, hastiness, defensive posturing and aggressively curtailing discussions - or attempting to marginalize those with whom you disagree. The responsible and reasonable reaction to John's concern about those bylaws changes would be to admit the error, and revisit the changes with full attention to the procedures specified in the bylaws. Dan Quickert On Saturday, May 31, 2003 1:50 AM, Andrew P. Wallace wrote: > By-laws > Message below from Tom Cross > ************************************************************************ **** > ***************************************** > > > In response to John L.'s & Dan Q.'s inquiries regarding the by-laws. Here > is the section in question. > > > 12. Amendments > These Bylaws may be amended by a unanimous vote of the Board of Directors in > which all seven > members vote, by a majority vote of the membership at an Annual Meeting, or > by a majority vote of the > membership in a mail ballot. Thirty (30) days notice must be provided to all > members prior to a vote to > change the bylaws. Such notices shall include any proposed changes to the > bylaws. > > > 1) From my notes we gave notice at the two prior meetings about the > discussion, and in the news letter giving more than 30 days public notice. > If this is not to the letter of the by-laws it is with the spirit. > > > 2) Yes we may not have provided the proposed changes prior to the meeting, > this is not illegal because their was not any intent. I think it is more of > a function of inexperience, and we tried to follow the spirit of the > by-laws. > > > 3) The BOD voted 7-0 in favor of the change. > > > I propose that if any other associate member except John L. & Dan q. has a > problem with the changes to the by-laws please forward them to the board. > If so then the 03/04 BOD may inquire to the changes properly. If not then > let the changes stand. > > > Here are the changes once again. > > > The specific wording that was changed to is as follows: > 9.3 Proxies. > 9.3.1 The Association shall not allow the use of proxy or absentee vote. > 9.3.2 The Association shall not allow the use of proxy vote for > monthly Board Activities. > 9.3.3 The Association shall allow the use of absentee vote for the > use of Annual Board of Directors Election. > > > Thank you for your time. > > Tom > -- > ************************** > Thomas Cross > P.O. Box 2275 > Davis, CA 95617-2275 > (530) 750-3788 Phone & Fax > TSCross at ucdavis.edu > << File: ATT00001.html >>