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Thread: 17. Results of voting - "all the details"

  1. #11
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    Default Motion 2012-K - Challenge to Chair Ruling

    Mr. President, Chair of the Meeting

    Procedural Challenge - I ask that the Assembly overturn the Chair's ruling that Motion 2012-K is a " constitutional " motion requiring a 2/3 majority. As I understand it, the challenge does not require a seconder. However, if I am wrong on this, I will seek out a seconder so this challenge can be voted on by the Assembly.

    Commentary:

    1. To be a constitutional motion, it must seek to amend one of the CFC's 3 By-laws:

    From Motion 2010-18, passed at the 2010 AGM, re constitutional amendments:

    "The section [ of By-law # 3, section 3 ( a ) ] as amended is clear:

    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 Échecs may be made,
    (a) at any Annual Meeting or Governors' On-line 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 or Governors' On-line Meeting and has been transmitted by the Secretary to each Governor at least 14 days prior to the date of such Annual Meeting or Governors' On-line 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."

    2. Nowhere in By-laws # 1, # 2 nor # 3 is there any reference to prizes awarded to Canadian Junior winners. So the Motion 2012-K is clearly outside of the By-laws and not a " constitutional " amendment.

    3. There is a section 10 of the Handbook that deals with " Canadian Junior Chess Championship ". Amending any motion there, or adding a motion there, would not be a " constitutional " amendment. Therefore, it is not a " constitutional " amendment.

    I ask the Assembly to therefore overturn the Chair's ruling on this motion.
    Thanks,
    Michael Barron

  2. #12
    Join Date
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    Default

    I thought 2012-J should have been the constitutional motion rather than 2012-K, maybe that was a typo?
    Christopher Mallon
    FIDE Arbiter

  3. #13

    Default

    Quote Originally Posted by Christopher Mallon View Post
    I thought 2012-J should have been the constitutional motion rather than 2012-K, maybe that was a typo?
    Hi Chris:

    Clearly 2012-J was " constitutional ".

    Bob

  4. #14

    Default

    Yes, it seems I should have taken a second look before sending that missive off to Lyle. Obviously, it was J, not K to which I meant to refer. In any event, K is defeated. I have the tie-breaking vote and I am also in favour of a "use it or lose it" policy. I'm hoping that wraps up the outstanding issues. I'll check again late tonight, once I complete the final leg of my triangular route through eastern Ontario.

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