Ted Fancher · Feb 21, 2005 02:22 PM
#0 sourceThat information is correct. It is also correct that the trustee response was 10 in favor, two advising not in favor and four (to the best of my most recent knowledge) not voting. Sounds like we might have at least a partial solution, huh.
Well, no not quite. Your President has advised that he has determined the vote was inappropriate and has refused to take action on it. I will copy below some of the correspondence so that you, the PAMPA members, will be informed of what is taking place on your behalf.
To keep you up to date here is the most recent activity taking place at the Trustee level. Note that the trustees (who are responsible under the current bylaws for calling meetings, deciding on the business of those meetings, and are responsible for PAMPA policy and direction) voted to have AMA verify and count the ballots. AMA has agreed in principal to do so. Our President has refused to honor their vote.
First, the resolution sent to the trustees posted on Feb 16th. I've removed the writer's name because he has asked not to be publicly identified with the effort at this time. He is not from the West Coast. He is, obviously, one of those later shown to be in favor of the motion.
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Fellow EC members,
Would I be too presumptuous to suggest that we ask our parent organization (AMA) to assist us in counting the upcoming ballots. I am only guessing that they might have done this before for other SIGs, and would be willing to be an impartial partner to PAMPA in this venture. If envelopes are already printed, I would be willing to pay, by myself, the cost of printing new envelopes so that they may be directed to AMA for the voting procedure. With these thoughts in mind, I would like to make the following motion.
"In order to ensure that the membership of PAMPA view the upcoming vote on by-laws amendments as valid and objective, I move that we invite the AMA to receive and count the vote and to provide the results back to the Board of Trustees and to the full membership of PAMPA."
Respectfully yours,
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He later posted this follow up.
Fellow EC members,
My previous motion and this email is a response to my care, concern and love for all PAMPA members. Please note that in the preceding paragraph to my original motion, I offered to pay for the reprinting of any envelopes or mailing address labels that will focus on directly mailing the vote to a designated AMA representative at Headquarters that will count the by-laws vote. I continue to make that offer and would like a copy of the bill for that envelope or label cost. I will pay that bill directly to the printing firm.
I have received nine YES votes to allow AMA to count the ballots for the by-law changes. The nine votes are listed in alphabetical order: Allen Brickhaus, Bob Brookins, Shareen Fancher, Ted Fancher, Dave Fitzgerald, Bruce Hunt, Dave Midgley, Tom Morris and Jim Renkar.
Respectfully yours,
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and later this final amendment which made the for votes 10.
I vote yes on the motion to have A.M.A. count the votes--Lew Woolard
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And our esteemed President fielded this rational suggestion in his usual refined and helpful manner.
To all PAMPA Officers and Directors,
In recent weeks, a small group of members have decided to use the internet to circumvent PAMPA’s structure and procedures. They are trying to – in effect – hijack the organization for reasons that are clear only to them. The result has bordered on anarchy, and it has to stop.
Simply put, having members – even Directors and Officers – calling for motions and votes without going through the President shows either arrogance, and ignorance about how PAMPA works. Such action puts the entire organization at risk, both legally and financially. If it continues, PAMPA will suffer in the long run.
The President of PAMPA presides at all meetings. Logically, then, the President also presides over PAMPA business conducted on the Internet. That means that all motions and seconds must go through the President, who then will call for discussion and a vote. To this point in time, none of the motions have gone through the President and therefore none of them are binding.
As you know, I believe that every member of PAMPA has a right to be heard on the issues facing the organization. If you wish to make a motion, do so by contacting the President of PAMPA. At that point, I will call for a second and begin the discussion and voting procedure.
I look forward to hearing from any Officer or Director.
John G. Brodak,
PAMPA President
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Ted live again.
It should be noted that the President's interpretation of the responsibilities of the President and the Trustees in these matters is 180 degrees contrary to the existing bylaws which I'll reproduce below.
It should even further be noted that under the proposed bylaws the President *WOULD* have the "powers" to so disenfranchise the Trustees by virtue of his newly minted sole right to call meetings and the restriction that newly minted restriction that trustee action can only be taken by the trustees during a meeting...which only the President can call.
Ted Fancher, PAMPA Vice President
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Below are the pertinent Articles of the Current bylaws regarding the respective roles of the Trustees and the President.
Also included are the duties of the Vice President who--in this case for instance--could be construed as able to step up to the President's role in terms of implementing the trustee's direction by virtue of the President refusing to recognize the motion and thus removing himself from the virtual meeting.
(I didn't make any of this up)
Ted Fancher, PAMPA Vice President
Article VII - Official Business: The Trustees shall determine official business to be considered at meetings or voted on by mail. All decisions on official business shall be made by publication of ballots in the newsletter and return mail of the same.
Article VIII - Duties of Trustees: The Trustees are responsible for establishing policy and objectives of the corporation.
The President shall preside al all meetings and shall execute the policies established by the Trustees. He shall appoint committee members and chairmen as he deems appropriate.
The Vice President shall perform the duties of the President in his absence. The Vice President shall assist the President in executing the policies established by the Trustees.