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"Only Members
Should Have the Right to Change the Bylaws" "Congress doesn't have us
vote on every single thing they decide cause that would
be ridiculous and nothing would ever get done." NM
Chris Mabe I understand NM Chris Mabe's point--it is impractical for the Board to put everything to a vote. But the membership should be consulted before major changes are implemented. However, I also agree with much of what Patrick McCartney just stated. Whether one likes it or not, the NCCA Board does have the power to do pretty much as they please without consulting the membership. That's the way the By-Laws are written. The NCCA Charter was adopted and passed by a 2/3 majority on September 3, 1988 (almost 25 years ago). I'm not sure when or if the actual By-Laws were approved by the members. I do know that they have changed over the years with no vote by members, and have often been ignored. The part of the By-Laws I find most troubling is this proclamation: 2. Amendments. The By-laws may be amended or repealed and new By-laws may be adopted by the affirmative vote of a majority of the directors then holding office at any regular or special meeting of the Board of Directors; provided however, that the Board of Directors shall make no provision, without member action, altering the number of directors from that stated in the charter; staggering the term of a director; limiting the power of the Board; or prescribing different quorum or voting requirements for member or director action as required. So if the NCCA Board doesn't like something in the By-Laws, they can make up new By-Laws and there is little we can do about it. But there are some things that even the Board can't do, like limit their own power! :lol: Back to NM Chris Mabe's analogy with Congress. Congress cannot change the US Constitution by themselves; three fourths of state legislatures must also ratify it. To me, the By-Laws are equivalent to our constitution. I understand the NCCA Board needs a certain level of autonomy to operate effectively. They should be able to get the job done within the constraints of the By-Laws. Otherwise, there are no rules whatsoever. Members should have a vote when it comes to changing the By-Laws. Roberts Rules of Order contains some helpful information. It is in no way standard or accepted practice to allow a Board of Directors the authority to change By-Laws. To change By-Laws, members should be given notice, and a 2/3 vote majority vote at either the annual meeting or a special meeting. President Rudy Abate wrote, "On another note to let the membership know if they have not read the by-laws. The members can't make a motion through the forum or at a NCCA meeting to change a by-law ruling or vote to do this (with only a few exceptions.) Only the board can do this. The members could make a motion and vote on a suggestion to the board to consider a ruling or policy change." So basically, the only real vote members have is for officers. Motions and votes by members are merely suggestions. But according to the "Amendments" section referenced above, there are certain listed things which the Board cannot do without "member action." So what is "member action" if not a motion and vote? If a member makes a motion, and a vote is taken to limit the power of the Board, can't they just ignore it? Confused yet? In my opinion, the NCCA By-Laws give the Board too much unchecked power. That power is virtually unlimited, since the Board can change the By-Laws without consent of the members. If people are grumbling now, imagine if we got some really bad apples in power! I guess they could vote themselves a salary by changing the By-Laws. I believe in the honesty of our current NCCA Board, and I believe in their good intentions. Still, I don't think they should be imposing new fees without a vote of the members. According to Robert's Rules, members should never be assessed additional money not specifically stated in the By-Laws. The amount of dues should be clearly stated within the By-Laws, and should only be changed by a 2/3 vote of the members. If the Board is granted the authority to set the dues annually, some limit on the amount of increase should be stated, or ratification should be required. I don't agree that the NCCA Board has the authority to impose this new fee to organizers. It hasn't been voted upon, and it is discriminatory against a select group of members: tournament organizers. All members benefit from the website. The tournament listings part of the site isn't even being handled by the new webmaster. Once upon a time it was understood that one member benefit was receiving a printed copy of The Gambit by mail. Now, anyone can access the same information on the website whether they are members or not. This makes charging one select group an extra fee seem particularly unfair. According to Robert's Rules, most organizations are structured so that power is balanced between the officers and the assembly. Sounds like a good idea to me! The NCCA Board should have the authority to operate within the parameters outlined in the By-Laws. They shouldn't have the authority to change the By-Laws without proper notice and a 2/3 majority vote. I ask that the NCCA Board reverse their decision to charge for tournament listings. I also ask that the NCCA Board consider more fully the ramifications of restructuring how dues are paid. The By-Laws currently state: "(B) REGULAR – Anyone who pays the current dues rate per annum is a regular member of the Corporation." The new method of payment accesses a penalty to anyone who doesn't pay within a certain month, and leads to absurdities. God bless Thad Rogers: according to his advertisement for the LPO 40, he is requiring NCCA membership. Does he realize that lapsed members signing up for the NCCA at his event in mid November will expire at the end of the year, and owe again? That's not "per annum." However, just wait until December 6th, and sign up at the NC Class Championship with no penalty (in fact, you gain part of a month!). Isn't that inconsistent? Could this policy discourage participation in the LPO? Finally, I ask that the NCCA Board
in cooperation with the members begin a process of
updating and amending the By-Laws. They could form a
committee of some of the best minds: past
Presidents, organizers, etc. The NCCA Board should be
required to operate within the constraints of a
carefully crafted and properly ratified set of By-Laws.
The power to change the By-Laws should be limited to a
2/3 vote of the members (a quarom being present). In the
mean time, the NCCA Board should voluntarily in good
faith refrain from using their authority to implement
major changes without a member vote. Tom Hales, Senior TD |