I just received the decision of the Appeal Panel on our Petition to set aside Proposal #2. The Panel has determined that Proposal # 2 should be set aside as void.
Congratulations to all of you who helped me out. This is, in my opinion, a very good result for the membership.
The Panel will provide a written memorandum at a later date.
I guess they’ll need to put it on the ballot for next year, if they want it re-passed. Or, they might be able to do a special election. In any event, it’s void unless and until properly passed by the membership.
That was part of the problem no one really knew. There were I believe three different drafts on the USAT web site at one time or another. Good job Steve.
THE BOARD OF DIRECTORS WISHES TO BE ABLE TO AMEND THE BYLAWS WITH A TWO-THIRDS VOTE OF THE BOARD, EXCEPT FOR THE FOLLOWING ARTICLES:
ARTICLE VII – BOARD OF DIRECTORS
SECTIONS 1-5, 7 – GENERAL DIRECTORS, ELECTION DISTRICTS, TERMS
AND TERM LIMITS, VACANCIES AND REMOVAL OF A DIRECTOR
ARTICLE XXI – ELECTIONS
ARTICLE XXII – SUNSHINE POLICY
Without going into great detail, many of us objected to the fact that this “amendment” was not properly placed before the membership on the ballot. This “explanation” was all we got. After it passed, the Board implemented actual changes to the amendment that went far beyond this explanation. After they were called on it, they reversed those changes and implemented new changes to conform more closely with this explanation. The Petition wanted this proposal voided, because the Board is not permitted to and should not be permitted to “finalize” amendments to the bylaws after they have been passed by the membership.
Thank you from a USAT member who cares, feels things have run amock and relies on knowledgable folks like you to protect our rights and the reputation of the federation we all own.
Thanks Steve. It’s a little encouraging to know that when faced with a reasoned arguement, albeit with the force of law and lawyering supporting it, we got back what we needed. No battle stays won, but we’l enjoy this one for now. Please post your expences for those who would like to assist.
The election has not been certified (should be on Sun or Mon). Therefore, I think that no actual amendments are effective. So, I don’t think they have to “undo” anything.
The first implementation of Prop # 2 basically said that they could amend any bylaws by 2/3 vote except certain sections of Article VII, all of Article XXI and all of Article XXII… but it went on to say that they could change those articles if so mandated by Congress or the USOC.
The second implementation took out the part permitting them to make any changes if mandated by Congrees or the USOC.