Measuring Proposal for Comment

[~Lisa~]

Just to be clear how the process works.. Proposals are brought up in there committee meetings.. there is short discussion on the issue usually 3 for and 3 against and the room votes.. HOWEVER that vote is not final. Later on the following day that proposal and how it was voted on by membership is brought up in the board meeting at that time.. the board will decide to vote it in- vote it out or table it for further discussion.

Often the vote goes how membership voted however not always as the BOD has to look at other things such as legal issues- implent issues- office software issues or whatever the case may be.

There could be 20 people in the room or 2000 people in the room during the committe discussions- that does not make the vote go one way or the other- The best way to ensure your voice is heard is to speak to directors be it your Areas or others as in the end they are the ones who make the decision based on their areas wants and needs and balance with what they feel will work best for the registry

I am sure alot of you already know that but for those who do not go to Convention and have watched the AMHA Convention I just wanted to be clear it does not work quite the same way

 

[AshleyNicole]

thanks for clearing that up.... I'm sure it's obvious but this will be my first convention.....I was going to go even before I knew about this issue. I've only seen AMHA online once for a bit so of course thought it worked the way theirs seemed to

Thanks again

 

[~Lisa~]

Sure I think alot of people do not understand the process I didnt a few years back before I started going to Convention. It really is a lot of fun- nice to see everyone without rushing to get horses ready like at a show. I hope I meet you there

 

[alphahorses]

Just to be clear how the process works.. Proposals are brought up in there committee meetings.. there is short discussion on the issue usually 3 for and 3 against and the room votes.. HOWEVER that vote is not final. Later on the following day that proposal and how it was voted on by membership is brought up in the board meeting at that time.. the board will decide to vote it in- vote it out or table it for further discussion.

Often the vote goes how membership voted however not always as the BOD has to look at other things such as legal issues- implent issues- office software issues or whatever the case may be.

I can understand them voting it down for reasons that the membership is not aware of (e.g. legal issues). But you're saying that an overwhelming majority of the membership could vote AGAINST this, and the BOD could still push it through for their own reasons?

 

[muffntuf]

Alphahorses please read your rulebook, the BOD has the capability and the ultimate decision(s) of the organization. Yes they can pass this if they so choose, but I am betting they will take a hard look at the wants of the membership before they take such a drastic action and bring this up for a vote.

 

[RayVik]

Alphahorses please read your rulebook, the BOD has the capability and the ultimate decision(s) of the organization. Yes they can pass this if they so choose, but I am betting they will take a hard look at the wants of the membership before they take such a drastic action and bring this up for a vote.

Trace,

Your response is not exactly accurate...Yes the BOD does have the authority and power for the day to day operation however they DO NOT have the ultimate decision making power of this organization.., that power and authority rest solely and exclusively in the hands of the membership...this is a absolute and legally binding fact...

The membership has exclusive power to adopt/change/modify any and all bylaws. This is a irrevocable right as established in our Articles of Incorporation..specifically Article IX. Further for your reference 6.1 of our bylaws cannot and does not superside our Articles of Incorporation...Legal FACT.

 

[muffntuf]

I believe they do except for the Articles of Incorporation according to our own 2008 Rule book:

Article VI – Directors (page 19 of the 2008 Rulebook)

Section 6.1 – General Powers

The affairs of the Corporation shall be managed by its

Board of Directors. The Board of Directors shall have final

decision-making authority on all matters that come before the

general membership at any annual or special meeting with the

exception of any changes to the Articles of Incorporation.

 

[RayVik]

I believe they do except for the Articles of Incorporation according to our own 2008 Rule book:

Article VI – Directors (page 19 of the 2008 Rulebook)

Section 6.1 – General Powers

The affairs of the Corporation shall be managed by its

Board of Directors. The Board of Directors shall have final

decision-making authority on all matters that come before the

general membership at any annual or special meeting with the

exception of any changes to the Articles of Incorporation.

I do not intent to rob this thread nor debate this legal point ..I will simply say contact any lawyer or legal authority you choose and get there opinion....been there, done that, and got my t-shirt...

Section 6.1 is not a legal bylaw..thus not enforceable.....period

Article IX of our Articles of Incorporation as it is on file and registered with the Secretary of State of the State of Illinois as per ILLINOIS COMPILED STATUTES BUSINESS ORGANIZATIONS GENERAL NOT FOR PROFIT CORPORATION ACT OF 1986 is and will prevail in authority.

 

[Yaddax3]

Trace,

The membership has exclusive power to adopt/change/modify any and all bylaws.

How exactly does the membership invoke/implement this "exclusive power to adopt/change/modify any and all bylaws?"

I am not being flippant. I am being curious because I, like Trace and perhaps others, believed the BOD had that power.

Actually, one would be led to believe the membership's powers are restricted because in order to have a say in whether proposals are adopted you must attend Convention.

Can we, by the way, change that? In other words, how does the membership, if a majority of it desires, use its exclusive power so that members do not have to be at Convention to vote on proposals?

I am not trying to hijack this thread, either. Giving the general membership a vote on a proposal with as far-reaching an impact as this withers issue would reduce some of the angst some folks are feeling.

 

[kaykay]

Perhaps we need a new thread?

If this is true then I guess when the BOD overturned the membership vote on hardshipping it wasnt legal? Wow lots of food for thought.

Then again I have been told our legal bills lately are through the roof. I can see this causing even more attorney fees. ughh.

Kay

 

[alphahorses]

Perhaps we need a new thread?

Agreed.. but of course I need to make one more comment!

If this is true then I guess when the BOD overturned the membership vote on hardshipping it wasnt legal? Wow lots of food for thought.

Then again I have been told our legal bills lately are through the roof. I can see this causing even more attorney fees. ughh.

Then perhaps the answer is to know more about who we are voting for and elect Directors who will not overturn the membership vote.

 

[~Lisa~]

Perhaps we need a new thread?

If this is true then I guess when the BOD overturned the membership vote on hardshipping it wasnt legal? Wow lots of food for thought.

Kay

Well if I am reading what Ray wrote correctly since no membership was at a annual meeting and decided by majority to over ride it.. it is not in fact illegal?