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Re: MCM - Digest V1 #218
Hi All,
>Date: Tue, 25 Jan 2000 20:42:15 -0500
>From: Neil Frank <nfrank@mindspring.com>
>Subject: Re: By-Laws Suggestion
>
>Bob,
I will give a few comments on the parts that might
>need revision or some more discussion. Everything else (which is most
>of what you prepared) looks good to me.
>
>>Section 2
>>Membership entitles the holder to:
>> (1) four issues of The Aquatic Gardener per year.
>> (2) one of each ballot issued.
>
>
>Because we once had 6 (or up to 6) and now will have 4... and might
>have a
>different number in the future, I suggest changing 2(1) to read:
>all issues of THE AQUATIC GARDENER published each year.
Agreed and done
>
>>Section 5
>>The slates of nominees shall be approved by two-thirds of the
Nominating
>>Committee and presented in the form of a ballot with the last issue of
>>the year.
>>
>>Section 6
>>Votes of the membership shall be tabulated in time to be reported in
the
>>last issue of the year by a member appointed by the chair. Those three
>>nominees with the highest number of votes shall assume office on
>January 1.
>>
>The call for nominations in next to last issue...nominations presented
>as
>ballot in last issue. Then AGA can't report results until first issue
>of
>following year. So, in sec 6... change last issue to first issue?
Agreed and done.
>
>
>>Section 7
>>The SC elect ( three continuing and three newly elected ) shall
>select a
>>chair and a vice chair from among themselves during December in
>>preparation for assuming office on Jan. 1. The incumbent chair will
>poll
>>the SC elect for persons willing to serve as Chair and Vice-Chair,
>and
>>will tabulate the ballots. The Chair elect and Vice Chair elect must
>>receive at least three votes each from the SC elect to be seated.
>
>someone should present a time line of the events. It seems that more
>time
>is needed between voting and assumption of duties.... esp, if the
>group has
>to choose a chair. What it no one wants to be chair?
A lot depends on our proposed mailing schedule. If we are going to mail
in the first month of the quarter, then we have two months to get ballots
in, determine who the elect are and do the polling, etc. Mary McCaw, what
should we expect regarding when each issue will be mailed? Not sure how
to handle the situation where no one wants to be chair. This could be a
major fault of this system where we insure continuity by having half of
the SC remain.
>
>>5 Establish committees as needed to serve the association.
>
>Does the Chair or SC also select the committee chair. [Do these
>articles
>need to discuss committees. e.g. how long is the allowed term (life is
>OK
>with me). I assume that they serve at the pleasure of the SC.]
Whether it is appropriate for this document or not, we have to decide
how the organization is to be run. I can live with either the chair or
the SC appointing a committee head. Which seems more logical? Regarding
terms, yes, they serve at the discretion of the SC. They can and should
be removed from office for non performance of duties. Since the SC can
change some members each year, I'd expect the chairs terms to be one
year, but I'd also expect existing chairs to be given preference over new
candidates in most cases, if they want to continue. Can anyone suggest a
way to word this?
>
>> 7 Operate on the basis of simple majority vote. In case of a
>tie, the tie shall be broken by eliminating the Chairs vote.
>
>OK..this way the chair's vote is important when the SC does not have
>all members present or voting.
I would hope that this would be a very small portion of the time.
>
>> 8 Select an individual from the general membership to fill
>any vacancy
>> resulting from death, disability, resignation, or
>dismissal of an SC
>>member ( see Article 3, Section 4 ).
>
>Why not just wait for the next election. This will be simpler.
It has the potential to leave us one short from the day after the
election and even two or three short for some lenght of time.
>
>>
>>Article 3 - Operation of the Steering Committee
>>
>>Section 1
>>All business will be conducted thru email except for those occasions
>when
>>some or all of the SC can get together in one place at the same
>time.
>
>.......what if ALL cannot get together... like the NEC, can
>"business"
>still be conducted?
Probably. If a majority of the SC ( all of the SC, not just the SC
present ) vote to do something, it shouldn't matter too much if one or
another of the SC is not present. What does everybody else think?
>
>>
>>Section 3
>>The Chair must email an SC letter to all SC between the first and
>tenth
>>of each month. Such letters need not require a reply if no vote is
>called
>>for or no issues are to be discussed. In the event the Chair has not
>>issues the required letter by the 20th of the month, the Vice-Chair
>will
>>assume the duties and responsibilities of the Chair.
>
>The last sentence seems a bit stern.
I can live without the last sentence but I do think we should indicate
that we expect performance from the Chair as well as the SC and Committee
Chairs and this is one way to do it. Any other thoughts?
>>
>>Section 4
>>The Vice-Chair will assume the duties and responsibilities of the
>Chair
>>in the event that the Chair resigns, becomes incapacitated or is
>>deceased.
>
>this seems more appropriate role for the VC.
Do you mean instead of assuming the Chairs position for lack of chairs
performance?
>>
>
>>Article 8 - Amendments
>>
>>The Articles of Incorporation may be amended at any annual meeting
>or
>>special meeting of the Association upon the affirmative vote of at
>least
>>two-thirds of the members entitled to vote thereon present at such
>>meeting or voting by ballot.
>
>Since annual or special meetings are not routine, I suggest adding
>thru
>written correspondence. The number of eligible voters can be an issue.
>For
>example, what is the minimum no. needed to represent a quarum... or
>the
>number that must respond via written correspondence. Usually, the no.
>is
>high to make it difficult to make changes to the A of I.
Agreed, how about 3/4 of members?
>
>
>Shouldn't there be something about the treasury... e.g. who can sign
>checks... and what happens to the money if the club folds..
Yes there should. It also brings up another subject. Even when I was
treasurer, I was uncomfortable about the account being a single signature
authorization. I trusted myself, but felt it was putting an awful lot of
temptation in the treasurers hands. Most clubs have a dual signature
requirement for their treasury to minimize the temptation and don't even
allow two people living together to be the signees. On the other hand,
two signatures means longer times to pay our bills. Currently three
people from the SC, David, Karen and I are authorized to sign checks.
If we choose to stay with a single signature account, we should have
something in here to help protect the AGA, like bonding the treasurer.
David, I hope you don't take offense at any of this, none is intended.
However the decisions we make now can have a major impact on how well the
AGA survives in the future. Need your inputs here people.
Regarding dissolution of the AGA, most clubs have provisions that the
money be donated to organizations with similar purpose. Don't know that
any exist. Not sure what to suggest here.
>
>What about requirement for budget and its purpose. Is that part of
>bilaws or something else.
Need opinions here too.
>
>
>
>- --Neil
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