“The extension of Director’s service into '05 looks illegal on its face”
it is. however, according to the bylaws, nothing we’d do wouldn’t be illegal. if you held a fall election, you have to break a variety of bylaws (many or most of those in Artcle XXI, Section 3; also the requirement that an issue of tri times be devoted to the election). if you don’t hold a fall election, you break bylaws. the question is, which set of bylaws do you break? my argument is that you do what causes the least harm. it appears the board as a whole felt that way.
one thing, however. we didn’t extend the directors’ service. we’ll treat their seats as vacancies, and when these seats become vacant the board will appoint directors to serve for the subsequent six months.
also remember that the 2005 election is now underway, hence the task force’s comment about two elections ongoing simultaneously:
Sept 1 – Nominations open for upcoming year
Dec 1 – Nominations close.
Jan 15 – Ballots & special election issue of Triathlon Times mailed to eligible voters
Feb 1 – Ballot posted to federation website
Mar 1 – Final day for ballots to arrive at election central
Mar 15 – Results announced
Apr 1 – Deadline to protest election
Apr 30 – Deadline to hear and decide any protest
May 1 – Results certified
Jul 1 – New board takes office at noon
it ought to be noted that there would have been no need to break ANY bylaws had the petition been subjected to a vote in a timely fashion. however, none of our federation’s attorneys, staff, or board members wanted the petition to pass, which is shameful on its face.
one might do well to keep that in mind when considering the task force’s report. while i’d support some of its elements, i’ll be against many or most of them, as the task force was constructed of current and former board members who liked the way things were pre-petition. i rather like how the are now.
consider, for example, the minutes now published on the site. think these minutes would be on the site today without the petition? how many other elements important to USAT’s members would be ignored without the petition’s bylaws?
what you do need to be vigilant about is the board attempting to simply ignore the petition’s bylaw requirements. members need to stand cocked and ready to defend their rights as expressed in the current (post-petition) bylaws.