by Steve Rodrigues » Fri Dec 07, 2012 11:28 pm
Tom,
Your interpretation of the club Bylaws is wrong on multiple levels.
I will address your misinterpretations one by one. You made so many wrong statements that this reply has turned out to be quite long. I apologize to our members but can only point to the source of this misinformation.
Tom wrote: “We elected to waive the 20 hour requirement for several people - Chuck Kranz, who also acts as Technical director, Dan Pifko, and Mark Lilledahl. This is the maximum allowed by our bylaws - 3 people - there cannot be any more.”
Our Bylaws state in Article IV, Section 2: snip..."By majority vote the Executive Committee may waive the 20-hour flying requirement to allow members who have made contributions to flying at Fort Funston to become voting members. The Executive Committee shall not waive the flying requirement for more than 3 members at any one time."
I draw our attention to the language "at any one time". This clearly means at any one meeting, NOT the entire year as you would have us believe.
Tom wrote: “we voted to allow Steve & Tom White to take over for safety officer & secretary. But the board never explicitly voted that that they could be voting members - only club officers - and indeed our club bylaws dictate that they can NOT be voting members on either club business or elections”
The Bylaws also state in Article V, Section 2: “Voting members shall be pilots who have flown hang gliders at Fort Funston for more than 20 hours in the calendar year preceding the year in which they are entitled to vote.”
Your argument is not valid because the board didn’t need to vote that Tom White and I would be voting members. We were already voting members in our own right because we both flew more than 20 hours in the preceding calendar year!
Tom wrote: “I've assumed an honor system and those not eligible would not vote, but in retrospect I know there are people who have been counted who should not have been.”
Of course you assumed the honor system, that is all we have to go on. If a pilot says they flew 20 hours, then unless we have undisputable evidence otherwise, we must accept their word. The alternative might be to make it mandatory that every Funston pilot keep a log book. But even then we rely on the honor system to fill out their log. Tom, you are not entitled to decide who does or does not have their hours.
Tom wrote: “in the last meeting Steve held a vote to allow the exclusion for 3 more members of the 20 hour rule. The club membership voted on this. First of all, only the directors are allowed to vote on waivers of the 20 hour rule and we are only allowed to have 3 members waived, and we already have 3 that are waived. Instead the entire group voted. I was very tired at this meeting so was not thinking of this issue. So this vote must be nullified. These 3 people are NOT voting members – Gwaenel, Jacque, and Tracey.”
You are correct in that only the EC can vote to waive the 20 hour requirement. The entire EC was at the last meeting and it was the EC's majority vote that waived the 20 hour rule for those in question. So per our Bylaws, Gwenhael and Tracey are in fact voting members.
Tom wrote: “In the upcoming election, those who do not have the 20 hours are not eligible to be voted for as directors. This includes Steve, Tom W, and Tracey.”
As I previously stated, Tom White and I flew more than 20 hours and are voting members in our own right. Tracey had her 20 hours waived in a legal vote by the EC. All three of us are voting members.
Tom wrote: “The ballot taker must be certain the person voting is either one of the 3 waived or has the 20 hours of flying time to be a voting member.”
Again, who are you to dispute the honor system and judge if someone can vote or not? If anyone can be judge than I could, for instance, dispute your 20 hours and disqualify you from voting or holding office! Of course this is a ridiculous idea, just as is your idea to disregard another pilots honesty and integrity.
Tom wrote: “There will be no votes to "allow" waivers of the 20 hour rule, as I indicated we already have the limit.”
The Bylaws do not specify any limit to the total number of 20 hour requirements that can be waived. The only limit is that no more than 3 can be waived at any one time. The majority of the EC can, should they so desire, waive the 20 hour requirement for up to three people at the next meeting.
Tom wrote: “The 20 hour rule was rightly instituted to help ensure that those who are regularly flying at the Fort are entitled to a vote,”
The 20 hour requirement was NOT as you say, written to ensure Funston regulars are entitled to a vote. Nor was it intended to keep valid hang glider pilots from participating in our clubs democratic process. The 20 hour requirement was written by Dan Brown, the author of our Bylaws. The reason for this requirement is politically sensitive so I will be happy to enlighten anyone who attends our meetings or contacts me directly.
Tom wrote: “California law only requires two officers - President and Secretary.”
California law would apply if our Bylaws did not specify otherwise, but this is not the case. Our Bylaws clearly list the 7 positions of our Board of Directors. While the other Directors may assume the duties of a missing Director, no Director may actually hold more than one position, and no Director shall have more than one vote. This is stated in California law and is not addressed in our Bylaws. Therefore California law prevails: One Director, One Vote.
I want to make a personal statement in regard to the 20 hour requirement: I believe it is an abuse of power to use the 20 hour requirement to disqualify well known and respected members of our club from voting. This is a blatant violation of our democratic process.
It is of utmost importance that everyone understands why the 20 hour requirement was created to begin with. Hint: It was NOT to keep hang glider pilots from voting! Again, come to the meeting or contact me for the facts.
Everyone: If you care about democracy in our club, please attend the next meeting. It is important that you speak up and make your vote count.
Thanks for everyone’s patience in plowing through this mess! Hope to see you at 7:30 PM next Tuesday, December 11.
USHPA # 30605
H-5, Mentor and Observer