| 9-7-12 Election Fixed?! --- But, May Not Have Even Been Valid?! By NM Leland Fuerstman The NC Open (slated to be the NC "Closed" next year!) which took place last weekend was a grand success! Not only were the numbers up, but the entry fee was reasonable and the payback was excellent. However, it was determined that without the corporate donations orchestrated by outgoing VP Dr. Walter High, the US Masters would surely have lost big money. Furthermore, the tournaments were not without their problems. The Pairing Director failed to enter additional info into the computer such as requests for Byes in certain rounds or the request not to play another player or players who had withdrawn which caused many unnecessary forfeits to be issued and a number of disappointed players. (It is my understanding that the Pairing Director has promised to "pay closer attention to detail in the future in order to insure that those problems never reoccur.") Otherwise, considering the scope of his responsibilities, he did an O.K. job. It should also be stated here that indefatigable Chief Tournament Director Tom Hales saw to it that the highest of professional standards were maintained throughout the 5 day National event! On Sunday morning, September 2 at 8:30am?, the annual meeting of the NCCA took place at the hotel site in Greensboro whereby only 18 of the over 240 players who participated in the tournament bothered to show up?! However, some now question whether the election was even "legal" considering the fact that there may not have actually been a quorum of 10% of the members present? A precise count of 171 current members would mean that they would need at least 17 members at the meeting. But, at least 5 of the people who voted were not current members of the NCCA? Peter Giannatos 0612, Ken Baxter 1111, John Brooks 0112, Fabio Hurtado 0711 and Mike Eberhardinger 0112 memberships have all expired? (And, who knows how many others). Simply put, since they were "not" officially members of the NCCA when they voted, they did NOT have a quorum, so the meeting should be declared null and void!?! NOTE: It has been brought to my attention that, though someone may have indicated "they had accumulated appx. 40 proxies," those proxies were not properly authenticated nor ever formally introduced at the meeting?! It was reported that the person to whom those proxies had been endorsed (I thought W.W. collected most of them?!), VP Dr. Walter High neither used them when they voted to "double" the dues, (oh, you didn't know that...) nor when they voted for officers?! That fact may be verified by the "minutes" of the meeting and witnesses who were present. Therefore, considering the lack of members at that meeting who were actually "current," (I counted 5 who weren't) they did NOT, in fact, have a quorum and the meeting must be deemed invalid. Sorry for all the trouble guys, but, according to your own rules, another meeting must be scheduled!!? It was the responsibility of the person conducting that meeting, past (or current) President Gary Newsom, to make sure they had a quorum by whatever means were available to him. That, he neglected to do... Since there were so few, why didn't the Secretary/Treasurer simply write down the names of the people who actually voted? (Maybe it was because the past Sec/Treas had either already quit or had more important things to do?! But, in either case, he was not present; nor was the VP of Scholastics?) It is also my understanding that no committee reports were given, either? Someone said that the Treasurer's Report "looked like a bank statement printed off the internet?" And, by the way, did anyone bother to take the "minutes" of the meeting; you know, like a record of what was actually said and done? Furthermore, it was reported that though other business was addressed, the incoming officers barely participated in the meeting at all? According to a witness, even after they were voted in, Newsom still seemed to be in charge... ---------------------------------------------------------------------------------------------- Many of my supporters are wondering why I did not attend that meeting and use my "overwhelming number of proxies" to become President?! Well, I had actually intended to, but, unfortunately, just 2 days prior, I received an "official E-mail" from "the Legal Counsel for the NCCA," whom we shall refer to in this internet message as "Willard White, Esq." indicating that "...the $5 check for my membership had been destroyed and I would not be allowed to enter nor participate in the meeting?" The letter goes on to state, in so many words, that I am now banned from the NCCA for life?! In effect, he has appointed himself judge, jury and executioner... even though I have never been cited for any violation of the "Official Rules of Chess?" My crime was "asking questions" and "stating my opinion!?" WW seems to be making some kind of big deal over the fact that I said "renounce" instead of "temporarily quit!?" Anyway, who really cares, other than him?? But, that seems a bit contradictory since I have two other letters or E-mails from W.W. (he was originally referred to as their "Legal Advisor") which indicate no such thing. One says that I can apply for "reinstatement" on July 24, 2010 and the other indicates that I can apply for reinstatement in February of 2011? When I gave up my "Life Membership," I stated that "...as long as Newsom is President, the Charlotte Chess Club and I do not wish to be associated with the NCCA in any way..." Now that Newsom is supposedly gone, I reserve the right to address my reinstatement with the new President. W.W. is the same guy who, for the second election in a row, could be seen actively weaving through the crowd with clipboard in hand, zealously encouraging members (who would not attend the annual meeting on Sunday morning at 8:30am?) to simply add their signature and relinquish their vote to him so "he" could maintain absolute control over the NCCA and prevent "bad people" from taking over the organization? However, this year, the zealous attorney was cautioned by the Chief Tournament Director to move away from the "entrance" of the playing hall and "stop accosting everyone who walked through." (After all, you certainly can't do that at a polling place for state or federal elections?) A few players stated that they felt intimidated and bullied by his approach?! Others thought that his intrusive behavior was in "bad taste." But, most importantly, the dubious practice of allowing "proxies" is outrageous and must be abolished! However, a system for "absentee voting" should be developed. But, simply giving your vote away to someone who may use it any way his wishes is ridiculous?! That compromises the democratic process... When asked at the meeting, W.W. indicated that he had 40 proxies. One dissenting voice could be heard lamenting, "then, what is the reason to even have this meeting since everything has already been decided?" Other comments elicited a response from their "legal counsel" which I shall tastefully refrain from repeating here... How long ago W.W. decided to appoint himself as the "legal adviser" or "legal counsel" no one is exactly sure. But, I do know that he is not an elected officer of the NCCA. Nor is his self appointed position listed in the NCCA Articles of Incorporation. However, he is listed as the "Registered Agent" of the Corporation. All that means is that he is the "contact" man. But, somehow, he seems to continue to impose his will and maintain control over the entire organization?! Simply stated, attorney W.W. has absolutely no authority to impose sanctions upon NM Leland Fuerstman nor any other member of the NCCA?! If he wanted to "advise" the committee to do something, that would have been fine. Then, the Executive Board would have been directly responsible for their own decisions or sanctions. Anyway, what other chess organization in the entire country allows an individual attorney to make all of their decisions?? W.W. has played exactly 3 rated games of chess in the past 10 years? (0-3?) The only tournament you will ever see him at otherwise is the annual event in Asheville. Why he has dedicated so much time and energy to prevent NM LF from becoming an NCCA member again is anyone's guess. Considering my chess credentials after 40 years of organizing, directing and playing tournament chess and my continued success conducting the Charlotte Chess Club, "the" most popular "adult" chess club in North & South Carolina, one would think that my services could be of great benefit to the NCCA! All of this came about a few years back after I complained about the lack of oversight of "high entry fee" scholastic events whereby no public accounting what-so-ever was required? Such is the result of their policy of "deregulation." Unfortunately, I am sorry to report that, since then, the situation has actually gotten worse? Next year, the entry fee for the annual scholastic tournament will be $69 at the door? Such entry fees are generally reserved for events which pay back many thousands of dollars in prize money! Yet, the NCCA Articles of Incorporation plainly state that the Executive Officers are responsible for "organizing the annual scholastic event" and "controlling the amount of the entry fee!" Again, Newsom was asleep at the wheel... If someone were truly concerned about the North Carolina chess community, he would, first, lobby to reduce the high entry fees charged to scholastic players, second; prevent excessive profits which have been unaccounted for from those events and third; report greedy organizers who keep 45% or more of the EF's as profit? Furthermore, he would see to it that every member be allowed to observe the books and question all expenditures. It is time that the impenetrable veil of secrecy shrouding the NCCA be removed. Present: As yet, no changes have been made on the NCCA website to include the new list of officers and their contact information? Furthermore, old advertisements are still posted for the event? It goes without saying that their website needs a significant amount of improvement. In fairness to the incoming officers who have been far removed from the political wars which have festered for years, I agree that we should give them a chance to prove themselves before jumping to conclusions. I hope they are all honorable men who will operate in a transparent and democratic fashion. I wish them all of the success in the world. I remain, NM Leland Fuerstman, President Charlotte Chess Club |