Will Ontario CFC Members Be Allowed to Elect Their CFC Governors?

[Bob Armstrong]

As many are aware, I have determined that the current OCA Bylaws, which allow the OCA Governors to elect the CFC Governors, is unconstitutional. The CFC Handbook states that the CFC members elect the CFC Governors. I filed a motion with the OCA to correct this situation some time ago. But something has intervened that gave me cause for concern that my OCA motion might get ruled out of order. So I wrote to my moving governor, Kerry Liles, a few days ago as follows:

Sent: March 15, 2009 7:05 PM
To: Kerry Liles (kerryliles@rogers.com)

Subject: OCA - Armstrong Amendments to OCA Bylaws - Election of CFC Governors

Hi Kerry:

I have initiated and brought a motion, through two CFC Governors ( mover/seconder ), to the CFC Governors’ Assembly, just the same as I have done with yours and Michael’s help here at the OCA. I also filed the motion with the CFC Secretary Lyle Craver, on behalf of and with the consent of the mover/seconder governors like I did with you and Michael..

I have run into a procedural roadblock with my motion at the CFC because I am not a CFC Governor.

They will not take a motion filed by a member, even if moved and seconded by Governors – they want the moving Governor to do the physical filing. Here is what Lyle said:

“ ….when it comes to motions, they are made by the Governors and motions from other sources are out of order - just like if you have an idea for a new Bill you may certainly suggest it to your Member of Parliament who may or may not introduce it on the floor of the House.

So at this point I haven't included it in the GL as I haven't received anything from a Governor or Executive member. “

Chris [ Mallon } already raised this complaint with Lyle initially to my motion, and Lyle has agreed.

I have done exactly the same thing at the OCA re my motion. Chris was copied with Lyle’s e-mail.

I fear that Chris ....... could use this procedural roadblock also on my OCA motion.

To avoid this possibility, I am going to have to ask you to do a bit more than perhaps you intended to in helping me with this motion. Will you please file the motion again with Michael so that it is coming directly from an OCA Governor, and not me, only an OCA member.....

I attach a slightly revised motion to take account of this procedural problem.

Thanks and I hope you don’t mind doing this for me, to get the motion clearly before the OCA AGM, without procedural objection.

Bob

Today Governor Liles confirmed with me that he has now directly filed my motion with the OCA Secretary, Michael von Keist. At least now this procedural quibble will not be available.

Set out below in a reply post, for your information, is the motion/ commentary, setting out the OCA Bylaw wording needing changing.

If you want Ontario CFC members to be allowed to finally elect their CFC Govenors, contact the OCA Governors ( listed on the OCA Website ) and let them know you want this motion passed when it is dealt with in Kitchener on Saturday, May 23 at the OCA AGM.



Bob

[Bob Armstrong]

Motion to OCA Governors on Election of CFC Governors Under the OCA Bylaws

Revision # 1, March 15, 2009

( Motion initiated by Bob Armstrong, OCA Life Member/ CFC Life Member;
Commentary drafted by Bob Armstrong; submitted by Governor Kerry Liles and Governor Michael von Keitz, mover/seconder )

Motion: Moved: Kerry Liles; Seconded: Michael von Keitz .

That amendments to the OCA Bylaws shall be made as follows:

( 1 ) – Membership - Voting Rights of Members: In Article 2, section 2.3, a sentence shall be added to the end of the section as follows: “ Through the regional affiliates, members shall elect CFC Governors to represent the Province of Ontario,

Commentary: The old section reads:

2.3 Members do not vote directly on the affairs of the Corporation but exercise voting privileges through their regional affiliates, in the manner described in Article 4.14 of these bylaws.

The new amended section will read:

2.3 Members do not vote directly on the affairs of the Corporation but exercise voting privileges through their regional affiliates, in the manner described in Article 4.14 of these bylaws. Through the regional affiliates, members shall elect CFC Governors to represent the Province of Ontario.

These amendments, and all following amendments, are needed to have the OCA Bylaws conform to the CFC Handbook. It states concerning CFC member election of CFC Governors:

( A ) 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, but shall not be entitled to vote under any other circumstances unless specifically provided in these by-laws.

( B ) 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.

The CFC has a system of one-member/one vote. CFC members in Ontario have the right to vote for their Ontario CFC Governors. The OCA Bylaws are in breach of the CFC Handbook, since they only give the right to CFC members to “ nominate “ the CFC Governors, and give the right to “ elect “ the CFC Governors to the OCA Governors. This amendment makes clear right in the section on “ Voting Rights of Members “ that it is the CFC member that has the right to “ elect “ the CFC Governors, through the regional affiliates of the OCA, such as the GTCL.

I have recently been researching the CFC member election of CFC Governors across the country. I have found that B.C., N.S. and N.B. allow all CFC members from the province at the Provincial Annual Meeting to “ elect “ the CFC Governors from that province ( I have not yet ascertained the system in other provinces ). This is in accordance with the CFC interpretation of its Handbook. The Ontario system is out of line with the CFC Handbook and the interpretation of it by the CFC and a number of other provinces, and needs to be corrected, to make it constitutional.

( 2 ) Powers of the Board of Governors - Election or appointment of Governors by the Corporation to the Chess Federation of Canada – Section 4.10 of article 4 shall be deleted.

Commentary: The current section to be deleted reads:

4.10 Election or appointment of Governors by the Corporation to the Chess Federation of Canada – The Board shall, in accordance with the procedures specified by the Chess Federation of Canada, elect or appoint eligible Members to serve in the Assembly of Governors of the Chess Federation of Canada.

Article 4 deals with “ Governance “ and “ Board “ under this article refers to the “ Board of Governors “, the governors in this case being the OCA Governors. The OCA governors should not be “ electing “ the CFC Governors under the CFC Handbook. The CFC members should be doing the “ electing “. So this section must be deleted.

( 3 ) – Provisions Relating to Annual Meetings - Agenda : Article 5, section 5.5, Item 16, shall be deleted, and the following shall be substituted for it: “16) Listing of the Governors to the Chess Federation of Canada as elected in the regional affiliates by the CFC Members of the region. “

Commentary: The section to be deleted is:

5.5 Agenda…..

16) Election or appointment of Governors to the Chess Federation of Canada.

The new section shall be:
5.5 Agenda……

16) Listing of the Governors to the Chess Federation of Canada as elected in the regional affiliates by the CFC Members of the region.

Since election of the CFC Governors will in future be done by CFC members in their regions, this agenda item will now simply deal with “ listing “ the CFC governors already elected in the regions, and submitted to the OCA.

( 4 ) – Regional Affiliates - General: Article 8 ( i ) ( b ) shall be amended by deleting the words “ nominated to become “ and substituting instead the words “ elected as “; and by deleting the words “ subject to the provision that any such elections or nominations shall be ratified by the Annual Meeting “.

Commentary: The old section reads:

8.1 In order to be maintained or admitted as a Regional Affiliate…..shall satisfy the following requirements:……
b) the regional affiliate shall present….a list of names of individuals nominated to become Governors of the Chess Federation of Canada, subject to the provision that any such elections or nominations shall be ratified by the Annual Meeting.

The new section shall read:

8.1 In order to be maintained or admitted as a Regional Affiliate…..shall satisfy the following requirements:……
b) the regional affiliate shall present….a list of names of individuals elected as Governors of the Chess Federation of Canada.

Since the election of CFC Governors will now take place in the regions, the requirement for the affiliate will now be to present the list of “ elected “ CFC Governors, not a list of “ nominated “ individuals for CFC Governors.

( 5 ) Regional Affiliates – General: the following section 8.9A shall be added to article 8:

“ Election of Governors to the Chess Federation of Canada by Regional Affiliates

8.9A Once the corporation receives the Certificate from the CFC setting out the number of Governors allotted to Ontario, the Executive shall determine the number of these governors to be elected in each Regional Affiliate, and shall immediately so notify the Regional Affiliate. Each member of the Corporation who is also a member in good standing of the CFC shall have a vote for the Governors to the CFC from their region, as may be determined by the Regional Affiliate. “

Commentary: Although section 8.8 sets out the number of OCA Governors ( and I think CFC Governors, though I am not sure of this ) the regions are entitled to elect, nothing seems to formally deal with the process of notifying the regions concerning these numbers. This new section fixes a time line for the OCA to notify the regions, and as well, in the last sentence, reiterates to the region, that it is the CFC members in the region who have the right to elect the CFC Governors for the particular region.


If you want Ontario CFC members to be allowed to finally elect their CFC Govenors, contact the OCA Governors ( listed on the OCA Website ) and let them know you want this motion passed when it is dealt with in Kitchener on Saturday, May 23 at the OCA AGM.

Bob