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View Full Version : CFC Governors to Decide - Legitimization of Ont. Regional Election of CFC Governors



Bob Armstrong
03-13-2009, 01:31 PM
Today I filed with the CFC Secretary, Lyle Craver, 2 motions to amend the CFC Handbook, to legitimize the long-standing practice in Ontario of having CFC Govenors elected by the regions. The Handbook does not currently allow for this. It is basically a " house-keeping " type of motion.

Here are the motions/commentary:

2 Motions on CFC Handbook Amendments Dealing with Regionalization of Election of CFC Governors
( initiated by CFC Life Member, Bob Armstrong; commentary by Bob Armstrong; submitted with the consents of the mover/seconder )

Motion # 1 : Moved: Ilia Bluvshtein; Seconded: Michael von Keitz .

- that section 5 of CFC Bylaw 1. dealing with “ Ordinary Membership “, Section 2 of the CFC Handbook, is amended by adding after the words “ the assembly of governors “, the following:
-
“ ( see CFC Rules and Regulations, Article 1, Section 9 ) “.

Commentary: The new section 5 as amended will read:

CFC Bylaw 1

ORDINARY MEMBERSHIP

5. Any person, ordinarily resident in Canada , may become an Ordinary Member of the Federation, for the then-current fiscal year, upon payment of the Membership per Capita Fee, directly to the Federation, or through his Provincial Organization. Every Ordinary or Life Member has a right to vote on the appointment or election of the Governor or Governors who will represent his Provincial Organization. Every Ordinary or Life Member has a right to vote on the appointment or election of the Governor or Governors who will represent his Provincial Organization at the assembly of Governors ( see CFC Rules and Regulations, Article 1, Section 9 ), but shall not be entitled to vote under any other circumstances unless specifically provided in these by-laws.

This amendment, referring to section 9 of Article 1 of the CFC Rules and Regulations, is necessary to have this section not conflict with the new amended section 9. Currently the old section requires that each CFC member is allowed to vote for ALL provincial CFC Governors for that province. This amendment makes it clear that a province will be able to restrict its CFC members to only voting for CFC governors for their provincial region, if the province is so divided.

Note that this amendment is considered a constitutional amendment under Bylaw # 3 of the CFC, section 3, which is:

BY-LAW NUMBER THREE OF THE CHESS FEDERATION OF CANADA
ANNUAL MEETING AND AMENDMENTS TO THE CONSTITUTION
1. ….
2. All matters to be decided by the Assembly, shall be decided by a majority vote, save as hereinafter provided.
3. Any amendment or revision of these By-Laws; any matter pertaining to any international agreement between the Federation and any international or foreign Chess Federation or Association; and any matter pertaining to the payment of dues to the Fédération International des Echecs may be made,
(a) at any Annual Meeting of the Assembly, providing that a notice of intention to submit such matter to a vote has been received by the Secretary at least 30 days prior to the date of such Annual Meeting and has been transmitted by the Secretary to each Governor at least 14 days prior to the date of such Annual Meeting and that any resolution pertaining to such matter shall be approved by at least a two-thirds majority of the votes of those present and entitled to vote, including proxy votes.
(b) at any time through a mail vote of Assembly, providing that the exact wording of such proposed amendments or revision, or of the resolution to be passed by the Board through mail vote is submitted to each Governor at least fourteen days before the expiry of the time limit specified by the President for the receipt of the votes by the Secretary, and that at least one-half of the number of votes eligible to be cast has been received by the Secretary, and there is a majority of at least two-thirds of the votes cast in favour of the proposed amendment or revision or resolution.

Motion # 2: Moved: Ilia Bluvshtein; seconded: Michael von Keitz ;

- that section 9 of the Article 1 of the CFC Rules and Regulations, section 2 of the CFC Handbook, is amended by adding at the end the sentence:

“ However, should the Provincial Organization see fit, it can devolve the holding of meetings to regional affiliates, and restrict the Federation Members to voting only for the CFC Governors allocated to that particular region. “

Commentary: The new section 9 as amended will read:

CFC Rules and Regulations, Article 1

SELECTION OF GOVERNORS BY PROVINCIAL ORGANIZATION

9. As soon as possible after the receipt by a Provincial Organization of the aforementioned Certificate, such body will convene a meeting of its Federation Members for the purpose of electing its necessary number of nominees for the Board for the ensuing term. However, should the Provincial Organization see fit, it can devolve the holding of meetings to regional affiliates, and restrict the Federation Members to voting only for the CFC Governors allocated to that particular region.

Each CFC member has the unrestricted right to vote for ALL CFC Governors for that Province. That is the interpretation given to the CFC Handbook sections by CFC and by the provinces of B.C., N.S, and N.B ( We are not aware of the interpretation of other provinces )..
But what is appropriate for provinces with fewer members, is not appropriate for a large province like Ontario which has many CFC members spread throughout the province. To make the system of CFC Governor election more effective, Ontario has used the concept of localizing the election of CFC Governors into geographic regions. CFC Members often do not know those standing for Governors in other regions, and their vote in that regard would be uninformed. But each member can know those running for governorship in their own region of the Province. So it is beneficial for a CFC member in Ontario to have his vote RESTRICTED to those CFC Governors from his own region. And this system could be applicable to any other province/territory, if they wished to regionalize as well.
The problem is that the CFC Handbook as currently written does not give the Provincial Organizations the power to restrict the CFC member governor vote in this way. An amendment of the CFC Handbook is therefore required for this. The amendments will then legitimize the current Ontario CFC Governor election system. And it will make such a system available to any other province/territory interested in such a regime.

Revision 2, Feb. 10, 2009

Bob

Bob Armstrong
03-15-2009, 09:14 PM
I have today run into a procedural roadblock to my motion.

I initiated the motion, but since a member cannot bring a motion before the Governors, I got 2 governors to move and second my motion for me. Since it was my motion, I did the work and e-mailed the motion to the CFC Secretary, Lyle Craver, advising that I was filing it on behalf of and with the consent of the 2 Governors.

A member of the Executive objected to my filing, because I was not a governor, and Lyle upheld his objection and would not enter the motion in the next GL, nor deal with it in any way. He maintained that the motion had to be physically e-mailed to him by the moving governor.

So my motion is in limbo until I get my mover to re-send in the identical motion.

Politics is a " rough " trade !!

Bob

Kerry Liles
03-15-2009, 11:54 PM
I think I have had enough of this ...

Bob Armstrong
03-16-2009, 01:06 AM
Hi Kerry:

It is actually a bit worse than I stated. The CFC Secretary has stated, that if my motion is properly and legitimately filed by my moving Governor, he will ask David Lavin as president to rule the motion out of order, so it is never dealt with.

Lyle relies on a section of Bylaw number 2 to argue that the CFC has already authorized the provinces to hold one election for all governors in the province, or to be regionalized, or to appoint governors. Here is the section he relies upon:

Bylaw # 2, Section 2:

PROVINCIAL ASSOCIATION REPRESENTATION

In any year the number of persons who may be elected or appointed as Governors by each provincial association shall be determined by the number of ordinary per capita fee payments received by the Federation for members ordinarily resident in that province during the immediately proceeding fiscal year ending April 30th, together with the number of life members who are ordinarily resident in the province at that date.

It is my position that only CFC members can elect the governors, and they have the right to elect ALL the governors for their province under the Handbook as currently written. For my position, I rely on Bylaw # 1, Section 5:

CFC Bylaw 1

ORDINARY MEMBERSHIP

5. …… Every Ordinary or Life Member has a right to vote on the appointment or election of the Governor or Governors who will represent his Provincial Organization. Every Ordinary or Life Member has a right to vote on the appointment or election of the Governor or Governors who will represent his Provincial Organization at the assembly of Governors…….

I read this section to say the CFC members do the electing, not the Provincial Association ( and there is no appointing ), and it is electing ALL of the Governors for the Province.

Now it may be the case that these two sections, as written, directly conflict.

If that is the case, I have argued that David should then let the matter go to the governors to decide, and not short circuit the matter by ruling the motion out of order. If the governors feel the 2 motions are superfluous, because the Handbook already allows for regionalization, then they can defeat the motion ( or perhaps vote that the President then rule the motions out of order ). But I would think the governors should decide if there is conflict of sections.

I am currently trying to get a mover for my motion ( my original mover withdrew, given the procedural mess, and his view that this is only a procedural issue raised by the 2 motions [ which I strongly disagree with - authorization of provincial regionalization is substantive, not procedural ]). If I can get as far as getting the motion formally and properly filed, then I guess it will go to David to decide what to do with the 2 motions.

Bob

So there is no confusion, let me state that my motions are brought because I favour regionalization for the provinces that want it , like Ontarion ( and maybe BC - I'm still researching that one ). I just think the Handbook does not currently authorize it , and my minor " house-keeping " motions correct that deficiency.

Bob Armstrong
03-18-2009, 07:46 PM
When you think it is bad, it can get worse. First of all:

1. On the basis of an objection by an Executive member, Lyle, as CFC Secretary, rules that my motion doesn't exist, because I e-mailed it to him, and I'm only a member ( despite being authorized by the moving/seconding governors ). He wants the moving Governor to e-mail it to him, not me.

2. Lyle pronounces, that if my moving governor does e-mail it to him, so it is " legally " filed, then he is going to ask the President, David Lavin, to rule it out of order, so it never comes to a vote ( he has his legal argument ).

Now comes the third piece of bad news:

My moving Governor, somewhat put out by all the procedural niceties, when I ask him if he will please e-mail the 2 motions to Lyle, advises me he is withdrawing as the mover !

Result:

1. No motion filed;
2. Need a new governor mover ( my seconding governor is willing to see this through to conclusion )

Request:

If a governor reads the original motion ( in the first post on this thread ), and thinks this matter should at least be filed to be dealt with in some way, and would be willing to become the new governor/ mover of the motion, would they please e-mail me to discuss it ( bobarm@sympatico.ca ). Thanks.

Bob

Kerry Liles
03-18-2009, 11:42 PM
Bob, if you send it to me, I will move the motion.
This is complete bull****.

Bob Armstrong
03-19-2009, 12:07 AM
Hi Kerry:

Thanks for helping me out - I couldn't agree more with your sentiment.

I'll send you the documents.

Bob

P.S. On the OCA motion, I sent you an e-mail that you seem to have missed where I face the same problem. I'll re-send you that e-mail too.

Bob Armstrong
03-19-2009, 01:50 AM
I would note for the record, that although BC has fouir regions, they do not at all operate as does Ontario's regions. Here is what I found out:

The BC regionalization is not the same as Ontario’s. Yes BC has regions, and yes the constitution says there should be a governor from each region, BUT….the election of the governors is by ALL CFC members present at the provincial AGM for ALL the provinces governors....they just try to divide them up among the regions when they elect them. Here is the explanation to me of the BCCF President, Roger Patterson:



“ CFC governors are elected at the AGM by all those present. Usually, there are not enough people standing for election so a vote is superfluous and some arm twisting is necessary. There is a constitutional requirement that there be 1 governor from each region (elected by all those present) but I have never seen any attempt to enforce that apart from that being a consideration into whose arm to twist. I am fairly new to BC but I suspect that in the event a vote is necessary, the region of the candidates might be a factor in how people vote “



So in fact, BC does what N.S and N.B. do – let all CFC members present at the provincial AGM elect ALL the governors for the province.

That is not the case in Ontario – here the election of governors does not take place at the OCA AGM. It takes place at the regional affiliates’ AGM’s ( subject presently to some legal dispute at the OCA ) . Here the CFC member in a region only gets to vote for the governors from his region.

I think the Ontario system works for Ontario. My 2 motions have the CFC finally authorizing what Ontario is doing ( which I argue is not authorized anywhere in any bylaw ).

Bob

Christopher Mallon
03-19-2009, 05:33 AM
Actually Bob, the election of CFC Governors does happen at the OCA AGM. We just rubber-stamp what the leagues suggest, but it's still a separate action.

Bob Armstrong
03-19-2009, 07:14 AM
Hi Chris:

I know that is what currently happens at the OCA. I think it is illegal.

The CFC Handbook, in my opinion, says that the CFC member elects the CFC Governor, not the Provincial affiliate. There should be no " separate action " by the OCA ( rubber-stamping or whatever )- everything should be complete once the Leagues vote in their CFC Govenors.

I will be filing " properly " , a motion before the OCA to change the current OCA Bylaws to correct this.

Bob

Egidijus Zeromskis
03-19-2009, 08:45 AM
Bob,
You need to elect 10 governors but you have only 8 candidates.
How do you imagine the election is held in your case? Please provide all relevant details.

Bob Armstrong
03-19-2009, 09:36 AM
Hi Egis:

Excellent question ! I guess it depends on what the CFC Handbook authorizes. I don't see the Handbook clearly answering that question. I think it is ambiguous, and that sections conflict that might give possible answers. I'd need to go through the whole Handbook again to see if there is any clear answer.

What is clear, is that the OCA could not just go ahead and appoint for the vacancy, if there is no authorizing legislation at the CFC level providing for that. It may be that the positions would have to be left vacant, until the Handbook was amended to solve the problem.

Bob

Bob

Egidijus Zeromskis
03-19-2009, 11:10 AM
You should think more out of box (i.e., handbook). The current system is not perfect. However it works as the members who wants to be governors (assuming they want to improve the CFC) they became them.

If you know who are not worth to be one of them, you should loudly say that during the GTCL annual meeting (scheduled on May 2) and please have a replacement.

Bob Armstrong
03-19-2009, 12:58 PM
Hi Egis:

You must distinguish between the " system " and the " quality " of those elected. I have not criticized one CFC Governor individually and personally - though there are clearly those deserving criticism - we had a 25% voting rate on motion 2009-05 on rescinding the 2008 CFC AGM CFC Fees Motion. Someone is not doing their job of voting !!

But totally aside from the quality of the candidates issue, the imperfections of the system do have to be addressed, and should be addressed. Failing to do so will come back to haunt us ! The legislation must be clear.

For example, in this thread - either the CFC member in Ontario elects the CFC Governors or the OCA Governors elect the CFC Governors. That is a clear question. It is either one or the other. But is the legislation clear?

Well Ontario says it is - it says the OCA Governors do the electing. But so do B.C., N.B. and N.S. say it is clear - there all CFC members present at the provincial AGM elect ALL the CFC governors for the province. So we have the provincial affiliates running in different directions on the same issue on the alleged fact that the CFC Handbook is ambiguous on the point.

Well, then, let's clean up the CFC Handbook, so the provincial affiliates, in particular, Ontario, know the rules.

Bob

Egidijus Zeromskis
03-19-2009, 01:56 PM
there all CFC members present at the provincial AGM elect ALL the CFC governors for the province.

What would requirements for eligible elections?
% of members?
only who comes?
e-mail?
phone calls?
s-mail?
proxies? :D

Bob Armstrong
03-19-2009, 02:49 PM
Hi Egis:

How you measure the performance of a governor is not easy.

Votes on Motions, comments in the GL's, posts on the Governors' Discussion Board, posts on the CFC Chess Forum are all measurable. E-mails, telephone calls, letters etc. are all not measureable.

I just feel we have to do something because we clearly have " dead wood " among our governors, and have to replace them.

As to the AGM electing the governors - it seems that the current system of whomever shows up gets to vote, seems to work. I put notices in the Scarborough Community of Toronto Chess News & Views for the AGM. Maybe the executive could post a notice here and on ChessTalk. E-mails to members would be great, but as far as I know, there is no list of members' e-mails. And the one's the CFC has, as I understand it, they won't give out because of privacy/confidentiality concerns. Same probably goes for snail mail addresses ( and postage is expensive ). Telephone calls to members requires numbers and volunteer callers - both problems.

Bob

Bob

Garland Best
03-19-2009, 04:25 PM
Hi Egis:

For example, in this thread - either the CFC member in Ontario elects the CFC Governors or the OCA Governors elect the CFC Governors. That is a clear question. It is either one or the other. But is the legislation clear?

Bob

Ok then question:

If the OCA constitution is written such that it states that the regional affiliates ELECT their CFC governors, based on X governors per region, and that at the OCA AGM they simply RECORD the list of elected Governors from each region, is that constitutionally Ok in your eyes? Cause as far as I can tell, that is what really happens in Ontario. As far as I can tell, that meets the meaning of the CFC's constitution.

Bob Armstrong
03-19-2009, 04:54 PM
Hi Garland:

Perfect !

That is exactly the OCA Bylaw wording changes that is incorporated into my motion to be filed " legally " shortly, with Michael von Keist, the OCA Secretary. If my ( by Governor Kerry Liles, on my behalf ) motion is passed at the OCA AGM, then I think everything at the OCA will be in line with the CFC Handbook and meet the constitutional requirements.

Bob

Bob Armstrong
03-24-2009, 11:48 AM
I had tried to file 2 motions by e-mail ( to legalize Ontario regional election of CFC Governors ) with Lyle Craver, CFC Secretary. He, at the objection of CFC Treasurer, Chris Mallon, refused to accept the motions, despite having a moving and seconding governor, and filing on their behalf and with their permission.

I can now advise that Governor Kerry Liles has come to my assistance and now filed the 2 motions on my behalf. Lyle replied:

" Thanks, I have inserted your text into the GL draft and have sent it on to David Lavin. "

Lyle, previously, when I tried my abortive attempt to file, had threatened that if I did get my 2 motions legally filed, he would request that David Lavin, CFC President, rule them " out of order " ( he made a legal argument to support his position, which I don't accept ).

I assume from his reply to Kerry, that he has abandoned this intention, since he makes no mention of it.

In any event, should he reassert his position, Kerry has already asked:

" As well, on the “ illegal “ first filing of the motion, you indicated your intention , if the motion be properly filed, which it now is, to ask David Lavin to rule the motions out of order. I would ask that you please give me advance notice of any such request to David, so that I may prepare and submit to him argument on why the motions should NOT be ruled “ out of order “ ".

So it is Kerry's and my hope that these 2 motions will now be allowed to go to the CFC Governors for vote. Note that these are considered " Constitutional " amendments under the CFC Handbook, and so we have asked that they eventually be referred to the CFC AGM in July in Edmonton.

Bob