Bob Armstrong
11-17-2009, 02:03 PM
Governor Ken Craft and I are proposing to file a motion to amend the powers of the CFC President in Bylaw # 3. Here is the motion:
" Motion # 2 New Section of Bylaw 3, Duties of Officers, Section 4 - President
Moved: Robert Armstrong Seconded: Ken Craft
That Section 4 of Bylaw 3 , Duties of Officers, dealing with President be deleted and the following substituted for it:
PRESIDENT
4. The President shall be the chief executive Officer of the Federation. He shall preside at all meetings of the Assembly of Governors, or of the Board of Directors, when he is personally present. He shall exercise constant active and general supervision of the Officers of the Federation, and the conduct of its affairs, with the exception of:
(a) Those matters which are reserved to the Assembly of Governors or the Board of Directors.
(b) Those matters which have already been delegated to Committees appointed by the Assembly of Governors.
Where there is no time for a major decision to be made by the governors, the president shall preside over a meeting of the executive to make such decision. The president will then bring that decision to the governors as soon as possible for review. Where there is no time for a major decision to be made by the executive, the president shall make such decision, and bring that decision to the governors as soon as possible for review. In other matters within his authority, where an immediate decision is not required, the
President will confer with other members of The Board of Directors. In any matter covered by his general authority and not coming within the duties specifically allotted to any other Officer or Officers, the decision of the President shall override that of any other Officer.
The President shall exercise constant and active supervision over the chief employee of the Chess Federation of Canada (commonly known as the Executive Director) if there is one, or over any office services under outsourcing contract.
The President must present a budget for the new fiscal year for approval to The Assembly of Governors, in consultation with the Treasurer, at least 1 month subsequent to the start of a new CFC Administration. This budget must indicate a surplus for the upcoming fiscal year. The President will make best efforts to ensure that the annual budget is adhered to by the Executive Director or outsourcing contractee.
Commentary:
The current section 4 of Bylaw 3 states:
PRESIDENT
4. The President shall be the chief executive Officer of the Federation. He shall preside at all meetings of the Assembly of Governors, or of the Board of Directors, when he is personally present. He shall exercise constant active and general supervision of the Officers of the Federation, and the conduct of its affairs, with the exception of:
(a) Those matters which are reserved to the Assembly of Governors or the Board of Directors.
(b) Those matters which have already been delegated to Committees appointed by the Assembly of Governors.
The President shall have full power to take such action in the name of the Federation, as he may in his sole discretion decide.
In matters where an immediate decision is not necessary, the president shall confer with the other Officers of the Federation, but as a matter of general policy only, and not so as to limit in any way his authority. In any matter covered by his general authority and not coming within the duties specifically allotted to any other Officer or Officers, the decision of the President shall override that of any other Officer.
The President shall exercise constant and active supervision over the chief employee of the Chess Federation of Canada (commonly known as the Executive Director).
The proposed duties of the President in the executive motion 2010-01 were:
President
The President has the full power to make any and all decisions on any matter that is not explicitly the responsibility of the Assembly of Governors and/or The Board of Directors (aka The Executive). In matters where an immediate decision is not required the President will confer with other members of The Board of Directors.
The President must present a budget for the new fiscal year to The Assembly of Governors at least 30 days prior to the start of the new fiscal year. This budget must indicate a surplus for to upcoming fiscal year. The President will make best efforts to ensure that the annual budget is adhered to by the Executive Director.
The new section we have proposed is an amalgam of the above 2. It seeks to make clear the paramount role of the Governors to run the Corporation, and the limited powers within this exercised by the President.
You will note that we have deleted from the current section the following sentences:
The President shall have full power to take such action in the name of the Federation, as he may in his sole discretion decide. In matters where an immediate decision is not necessary, the president shall confer with the other Officers of the Federation, but as a matter of general policy only, and not so as to limit in any way his authority
We have done this because we believe this sentence introduces an element of ambiguity into the issue of division of power between the President and the Assembly. It purports, in our view, to give some type of absolute power to the president, which is contrary to the fact that the governors run the corporation. There is sufficient wording in the new section proposed, to show the emergency nature of some of the presidents power.
As well, we have moved the date for presentation of a budget to 1 month after the start of a new CFC Administration. We feel this is necessary so that the budget is not a reflection of the priorities of the old CFC administration, but of the new administration that comes in in July at the AGM. What happens now is that the budget is presented around the start of the new fiscal year by the old administration, and then the new administration in July says they want to revise the budget. And then the process of revision drags on. Under our proposal, the budget would have to be presented by early August, given when we have our AGM ( if the AGM would in future, under changes being discussed currently, be moved to earlier in the year, then the budget would come in earlier than 3 months into the new fiscal year ). "
We would be pleased to receive any input you may have before we file our motion.
Bob
" Motion # 2 New Section of Bylaw 3, Duties of Officers, Section 4 - President
Moved: Robert Armstrong Seconded: Ken Craft
That Section 4 of Bylaw 3 , Duties of Officers, dealing with President be deleted and the following substituted for it:
PRESIDENT
4. The President shall be the chief executive Officer of the Federation. He shall preside at all meetings of the Assembly of Governors, or of the Board of Directors, when he is personally present. He shall exercise constant active and general supervision of the Officers of the Federation, and the conduct of its affairs, with the exception of:
(a) Those matters which are reserved to the Assembly of Governors or the Board of Directors.
(b) Those matters which have already been delegated to Committees appointed by the Assembly of Governors.
Where there is no time for a major decision to be made by the governors, the president shall preside over a meeting of the executive to make such decision. The president will then bring that decision to the governors as soon as possible for review. Where there is no time for a major decision to be made by the executive, the president shall make such decision, and bring that decision to the governors as soon as possible for review. In other matters within his authority, where an immediate decision is not required, the
President will confer with other members of The Board of Directors. In any matter covered by his general authority and not coming within the duties specifically allotted to any other Officer or Officers, the decision of the President shall override that of any other Officer.
The President shall exercise constant and active supervision over the chief employee of the Chess Federation of Canada (commonly known as the Executive Director) if there is one, or over any office services under outsourcing contract.
The President must present a budget for the new fiscal year for approval to The Assembly of Governors, in consultation with the Treasurer, at least 1 month subsequent to the start of a new CFC Administration. This budget must indicate a surplus for the upcoming fiscal year. The President will make best efforts to ensure that the annual budget is adhered to by the Executive Director or outsourcing contractee.
Commentary:
The current section 4 of Bylaw 3 states:
PRESIDENT
4. The President shall be the chief executive Officer of the Federation. He shall preside at all meetings of the Assembly of Governors, or of the Board of Directors, when he is personally present. He shall exercise constant active and general supervision of the Officers of the Federation, and the conduct of its affairs, with the exception of:
(a) Those matters which are reserved to the Assembly of Governors or the Board of Directors.
(b) Those matters which have already been delegated to Committees appointed by the Assembly of Governors.
The President shall have full power to take such action in the name of the Federation, as he may in his sole discretion decide.
In matters where an immediate decision is not necessary, the president shall confer with the other Officers of the Federation, but as a matter of general policy only, and not so as to limit in any way his authority. In any matter covered by his general authority and not coming within the duties specifically allotted to any other Officer or Officers, the decision of the President shall override that of any other Officer.
The President shall exercise constant and active supervision over the chief employee of the Chess Federation of Canada (commonly known as the Executive Director).
The proposed duties of the President in the executive motion 2010-01 were:
President
The President has the full power to make any and all decisions on any matter that is not explicitly the responsibility of the Assembly of Governors and/or The Board of Directors (aka The Executive). In matters where an immediate decision is not required the President will confer with other members of The Board of Directors.
The President must present a budget for the new fiscal year to The Assembly of Governors at least 30 days prior to the start of the new fiscal year. This budget must indicate a surplus for to upcoming fiscal year. The President will make best efforts to ensure that the annual budget is adhered to by the Executive Director.
The new section we have proposed is an amalgam of the above 2. It seeks to make clear the paramount role of the Governors to run the Corporation, and the limited powers within this exercised by the President.
You will note that we have deleted from the current section the following sentences:
The President shall have full power to take such action in the name of the Federation, as he may in his sole discretion decide. In matters where an immediate decision is not necessary, the president shall confer with the other Officers of the Federation, but as a matter of general policy only, and not so as to limit in any way his authority
We have done this because we believe this sentence introduces an element of ambiguity into the issue of division of power between the President and the Assembly. It purports, in our view, to give some type of absolute power to the president, which is contrary to the fact that the governors run the corporation. There is sufficient wording in the new section proposed, to show the emergency nature of some of the presidents power.
As well, we have moved the date for presentation of a budget to 1 month after the start of a new CFC Administration. We feel this is necessary so that the budget is not a reflection of the priorities of the old CFC administration, but of the new administration that comes in in July at the AGM. What happens now is that the budget is presented around the start of the new fiscal year by the old administration, and then the new administration in July says they want to revise the budget. And then the process of revision drags on. Under our proposal, the budget would have to be presented by early August, given when we have our AGM ( if the AGM would in future, under changes being discussed currently, be moved to earlier in the year, then the budget would come in earlier than 3 months into the new fiscal year ). "
We would be pleased to receive any input you may have before we file our motion.
Bob