View Poll Results: How should exec seat new FIDE rep.

Voters
13. You may not vote on this poll
  • Executive appoints new FIDE rep

    6 46.15%
  • Special meeting in four weeks for election

    7 53.85%
  • Election at next scheduled meeting in April

    0 0%
  • Do not appoint new FIDE rep wait til AGM in August

    0 0%
  • Eecutive appoints new FIDE rep but meeting to confirm in 4 weeks

    0 0%
  • Executive appoints new FIDE rep but meeting to confirm in April

    0 0%
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Thread: Poll on replacement of CFC FIDE representative

  1. #11
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    Quote Originally Posted by Les Bunning View Post
    I support Aris Marghetis to be our next FIDE rep.
    Les Bunning
    Thank you Les!

    It's also been wonderful hearing from others who support me taking on the full CFC FIDE Representative position.

    From what I understand, the remaining CFC Executive is working through the process to officially fill that position.

    Best regards, Aris Marghetis.

  2. #12
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    A few points.

    1. I am highly disappointed with Hal decision. CFC lost a very valuable and knowledgeable director. Unfortunately, it was pretty obvious for me that he can't collaborate with CFC President anymore. The real election during last AGM was between Hal and Vlad, and Hal lost.

    2. I don't know every details about conflict between Hal Bond and Vadim Tsypin and don't want to judge. However, for me it was another good example of Vlad's inability to protect a very valuable person, who did a lot for CFC for many years.

    Many times during my involvement as a Captain of National Team and as a master representative, I feel exactly the same. No support from the executive. The last time was this summer with GM Yang.

    Looks like for Vlad now the most important is just "not looking bad". He doesn't want to solve real problems anymore. I don't appreciate this approach.

    3. I fully support the idea to have special voting member's meeting. Voting members should decide who will take this very important position.

    4. About a Vlad's idea to get some fairly unknown women serving as a director. I understand the requirements from Olympic Committee to have 30% woman. However, I don't see this requirement as a good reason to appoint a random person as a director.

    I also against increasing the number of directors from 7 to 8. 7 is an odd number, which is good for voting. What happens, if a voting is 4-4 with 8 directors? If in this scenario, the CFC President gets second point for his call... this will only increase huge power for our president.

    Patricia was never involved in CFC. She has 3 kids playing chess... Good for her. My wife also has 3 kids playing chess, so what? (And a husband).

    5. My opinion: we should continue with 7 directors. If a new Women requirement is so critical for us (I am not sure about it), we should have 2 Women out of 7. Youth coordinator is a good position for women, since many last Youth coordinators were actually parents of chess juniors.

  3. #13
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    Christina Tao is such a good youth coordinator that I have been able to work on other things without having to oversee the initiatives in the youth area. I think we need to be careful that we don't give the impression that we would try to pigeonhole people based on their gender. I have talked to women about joining the board (long before any Canadian Olympic Committee Guidelines were something that I even dreamed about) and invariably their response is that they do not want to deal with the sheer level of hassle that we experience on an ongoing basis especially on chesstalk where I post less and less except occasionally to link to announcements on the CFC site and on the occasional chess improvement thread.

    All management studies of boards that incorporate women on the board show that they function better than those without.

    In the very youngest cohorts of chessplayers we often start with gender parity and a balanced group of boys and girls. Over time the girls drop out at a faster rate. I wrote about this in 2012. I recall one promising girl who stopped going to a class because of the antics of the boys.

    There is a lack of role models in chess and in chess officials. In some cases, the young boys are actively hostile to the girls. I have had to take more than one young boy aside and tell them that their behaviour needs to improve if they want to stay in the class.

    Chess organizers, officials also need to adhere to a higher standard. Behaviour and statements can be offensive even when they are not intended to be.

  4. #14
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    Quote Originally Posted by Victor Plotkin View Post
    A few points.

    1. I am highly disappointed with Hal decision. CFC lost a very valuable and knowledgeable director. Unfortunately, it was pretty obvious for me that he can't collaborate with CFC President anymore. The real election during last AGM was between Hal and Vlad, and Hal lost.

    2. I don't know every details about conflict between Hal Bond and Vadim Tsypin and don't want to judge. However, for me it was another good example of Vlad's inability to protect a very valuable person, who did a lot for CFC for many years.

    Many times during my involvement as a Captain of National Team and as a master representative, I feel exactly the same. No support from the executive. The last time was this summer with GM Yang.

    Looks like for Vlad now the most important is just "not looking bad". He doesn't want to solve real problems anymore. I don't appreciate this approach.

    3. I fully support the idea to have special voting member's meeting. Voting members should decide who will take this very important position.

    4. About a Vlad's idea to get some fairly unknown women serving as a director. I understand the requirements from Olympic Committee to have 30% woman. However, I don't see this requirement as a good reason to appoint a random person as a director.

    I also against increasing the number of directors from 7 to 8. 7 is an odd number, which is good for voting. What happens, if a voting is 4-4 with 8 directors? If in this scenario, the CFC President gets second point for his call... this will only increase huge power for our president.

    Patricia was never involved in CFC. She has 3 kids playing chess... Good for her. My wife also has 3 kids playing chess, so what? (And a husband).

    5. My opinion: we should continue with 7 directors. If a new Women requirement is so critical for us (I am not sure about it), we should have 2 Women out of 7. Youth coordinator is a good position for women, since many last Youth coordinators were actually parents of chess juniors.
    I think points 3,4 and 5 are very important, its great that sense prevailed and we will have a vote for the FIDE representative position, instead of a nomination. With that said, why should someone be nominated for a director position without a vote (point 4)? If it really needs to be done, there must be a vote. I also agree that 7 directors is a better number than 8, its better for voting.

  5. #15
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    You are not the only one who was confused.

    For the record, the governing rule is Article 16 of Bylaw 2 from the Handbook which says:

    16. REPLACEMENT OF DIRECTORS
    Upon the office of President becoming vacant between annual meetings of the Assembly, the Board of Directors shall elect another member of the Board of Directors or in special circumstances any other member of the Assembly of Governors to be President for the rest of the term. Upon the office of any other member of the Board of Directors becoming vacant between annual meetings the President may fill the vacancy for the rest of the term by way of appointment.


    Just a friendly reminder - what is being discussed is ONLY until the next AGM. Historically when we've had this situation the President has always taken the advice of the Board Members but as you see that's customary not mandatory.

    On the other hand, the Handbook ALSO says in Article 10 also of Bylaw 2 that
    10. BOARD OF DIRECTORS
    The Board of Directors shall be elected at the Annual Meeting of the Assembly and shall be constituted by seven persons, namely, the President, Vice-President, Past President, Secretary, Treasurer, FIDE Representative and Youth Coordinator unless these titles are changed by ordinary resolution of the Assembly pursuant to section 8(f) at the annual meeting. The position of Past President shall not be elected but shall be occupied by the immediate Past President unless he resigns or the Assembly, by ordinary resolution, at the Annual Meeting specifically decides to elect another person in place of the Past President. Upon election at an Annual Meeting the Board of Directors shall serve as Directors until the next Annual Meeting of the Assembly or until the Director(s) resign(s) or their successors are elected or appointed in their stead unless replaced by a vote of the Assembly prior to that time.


    with the change from Past President to Member at Large being made due to conflicts with the 2014 NFP act which forbids "ex officio" officers - which excludes past presidents as board members. In short, the new NFP Act ONLY changes our rules when they are actually in conflict with our bylaws - and not if it says "could" or "should"

    Lastly I do not see the reason for discussion of point 4 on the president's agenda in light of the following paragraph:

    20. OFFICERS ARE GOVERNORS
    With the exception of the Executive Directors those Officers who are not members of the incoming Assembly of Governors shall:
    enjoy the same rights as the members of the incoming Assembly during their term of office and they shall be regarded as Governors at large not representing any particular province,
    unless otherwise provided hold office until the next annual meeting of the Assembly or until their successors are elected or appointed in their stead.


    with the bottom line being that what the Handbook calls 'officers' are what is now called variously "executive members", "national executive" and related terms and are the 7 with the term "officers" in current use being used for CFC Officers who are not members of the executive - such as the Ratings Auditor, Publicity Officer or Womens' Coordinator.

  6. #16
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    Quote Originally Posted by Lyle Craver View Post
    You are not the only one who was confused.

    For the record, the governing rule is Article 16 of Bylaw 2 from the Handbook which says:

    16. REPLACEMENT OF DIRECTORS
    Upon the office of President becoming vacant between annual meetings of the Assembly, the Board of Directors shall elect another member of the Board of Directors or in special circumstances any other member of the Assembly of Governors to be President for the rest of the term. Upon the office of any other member of the Board of Directors becoming vacant between annual meetings the President may fill the vacancy for the rest of the term by way of appointment.
    The old bylaws do remain the policy of the Chess Federation of Canada because I and the executive/board of directors have agreed to remain bound by them until such time as we can create a framework to incorporate them in the new CFC. We still use the old bylaws for our rating system, Olympiad team selection, for Canadian Closed, Canadian Open, CYCC and Canadian Junior rules and even for selection to tournaments that do not appear elsewhere in the bylaw. Not all the board members were around when we made these promises. They remain an implied contract with the voting members that I continue to take seriously. I like to work with consensus and talk things out and hear objections to any course of action. I am not foolish enough to believe that I am always right about everything or even anything. I like to consider other points of view. In this case we had a surprise resignation by Hal Bond after some months of friction with most of the friction coming from Hal and one other board member who made their views well known in the last Presidential election. The voting members knew their position and voted to continue with me as president.

    The NFP act does provide a procedure for electing someone to the board. It does also provide a framework for organizations who have only an AGM to replace a resigning board member. There are also provisions which allow for a special election. Where there are ambiguities or general questions about a procedure my inclination is to throw it back to the voting members and let them decide. The feedback from the voting members that I got in emails, on forums and even phone calls was that they wanted to decide who the next FIDE representative should be for the next six months or so.

    Just a friendly reminder - what is being discussed is ONLY until the next AGM. Historically when we've had this situation the President has always taken the advice of the Board Members but as you see that's customary not mandatory.

    On the other hand, the Handbook ALSO says in Article 10 also of Bylaw 2 that
    10. BOARD OF DIRECTORS
    The Board of Directors shall be elected at the Annual Meeting of the Assembly and shall be constituted by seven persons, namely, the President, Vice-President, Past President, Secretary, Treasurer, FIDE Representative and Youth Coordinator unless these titles are changed by ordinary resolution of the Assembly pursuant to section 8(f) at the annual meeting. The position of Past President shall not be elected but shall be occupied by the immediate Past President unless he resigns or the Assembly, by ordinary resolution, at the Annual Meeting specifically decides to elect another person in place of the Past President. Upon election at an Annual Meeting the Board of Directors shall serve as Directors until the next Annual Meeting of the Assembly or until the Director(s) resign(s) or their successors are elected or appointed in their stead unless replaced by a vote of the Assembly prior to that time.


    with the change from Past President to Member at Large being made due to conflicts with the 2014 NFP act which forbids "ex officio" officers - which excludes past presidents as board members. In short, the new NFP Act ONLY changes our rules when they are actually in conflict with our bylaws - and not if it says "could" or "should"

    Lastly I do not see the reason for discussion of point 4 on the president's agenda in light of the following paragraph:

    20. OFFICERS ARE GOVERNORS
    With the exception of the Executive Directors those Officers who are not members of the incoming Assembly of Governors shall:
    enjoy the same rights as the members of the incoming Assembly during their term of office and they shall be regarded as Governors at large not representing any particular province,
    unless otherwise provided hold office until the next annual meeting of the Assembly or until their successors are elected or appointed in their stead.


    with the bottom line being that what the Handbook calls 'officers' are what is now called variously "executive members", "national executive" and related terms and are the 7 with the term "officers" in current use being used for CFC Officers who are not members of the executive - such as the Ratings Auditor, Publicity Officer or Womens' Coordinator.
    It was pointed out to me by one of the voting members and one of the board members that this was worded ambiguously if you did not know that historically executive and board of directors were synonyms in the CFC. This should be easily resolved to avoid problems in the future. The insertion of a single sentence should do it.

  7. #17

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    Quote Originally Posted by Lyle Craver View Post
    You are not the only one who was confused.

    For the record, the governing rule is Article 16 of Bylaw 2 from the Handbook which says:

    16. REPLACEMENT OF DIRECTORS
    Upon the office of President becoming vacant between annual meetings of the Assembly, the Board of Directors shall elect another member of the Board of Directors or in special circumstances any other member of the Assembly of Governors to be President for the rest of the term. Upon the office of any other member of the Board of Directors becoming vacant between annual meetings the President may fill the vacancy for the rest of the term by way of appointment.


    Just a friendly reminder - what is being discussed is ONLY until the next AGM. Historically when we've had this situation the President has always taken the advice of the Board Members but as you see that's customary not mandatory.
    The president can no longer appoint a director. The NFP Act is very clear, some powers of the board of directors cannot be delegated to officers and the appointment of a director cannot be delegated.

    Quote Originally Posted by NFP Act
    Delegation

    138 (1) Directors of a corporation may appoint from their number a managing director or a committee of directors and delegate to the managing director or committee any of the powers of the directors.

    Marginal note:Limits on authority

    (2) Despite subsection (1), no managing director and no committee of directors has authority to

    (a) submit to the members any question or matter requiring the approval of members;

    (b) fill a vacancy among the directors or in the office of public accountant or appoint additional directors;

    (c) issue debt obligations except as authorized by the directors;

    (d) approve any financial statements referred to in section 172;

    (e) adopt, amend or repeal by-laws; or

    (f) establish contributions to be made, or dues to be paid, by members under section 30.\

    AND


    Officers

    142 Subject to the articles, the by-laws and any unanimous member agreement,

    (a) the directors may designate the offices of the corporation, appoint as officers persons of full capacity, specify their duties and delegate to them powers to manage the activities and affairs of the corporation, except powers to do anything referred to in subsection 138(2);
    No officer, including the President, can be delegated the power to appoint directors.
    Last edited by Pierre Dénommée; 02-15-2021 at 11:11 PM.

  8. #18
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    Quote Originally Posted by Pierre Dénommée View Post
    No officer, including the President, can be delegated the power to nominate directors.
    Nominate and appoint are two different things.
    .*-1

  9. #19
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    Quote Originally Posted by Pierre Dénommée View Post
    The president can no longer appoint a director. The NFP Act is very clear, some powers of the board of directors cannot be delegated to officers and the appointment of a director cannot be delegated.



    No officer, including the President, can be delegated the power to nominate directors.
    Any voting member controlling 1% of the vote can nominate a director.

  10. #20

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    Quote Originally Posted by Egidijus Zeromskis View Post
    Nominate and appoint are two different things.

    Thank you! I corrected the original message. The Act concerns appointment, not nominations.

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