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Thread: 5A9 New Business

  1. #31
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    Just a few thoughts
    1) Changing the title of a paid employee from Executive Director to Office Manager could easily be considered 'constructive dismissal'. I defer to Patricia Gamliel on this since it is a legal matter, but my wife who has been a CEO for a NFP for the last 20 years assures me that it is. Maybe not a big deal, but it does open us up for a lawsuit if the employee was upset.
    2) I think a Zoom meeting offers pluses and minuses. There are features such as hand raising and chat for large meetings and also polls to have secret ballots. I do like the fact that the 'Discussion Threads' allows for more points of views and that you can attend when you have time. I believe there is a major flaw however in the discussion thread when we take a 'secret ballot'. The software shows me the users browsing the thread. After I vote I can see the poll results. It is easy to figure out who just logged in and when the vote changes, who they voted for. Not only is not a secret ballot, but knowing the results before they close, can also influence voters.

  2. #32
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    Quote Originally Posted by ian findlay View Post
    Just a few thoughts
    1) Changing the title of a paid employee from Executive Director to Office Manager could easily be considered 'constructive dismissal'. I defer to Patricia Gamliel on this since it is a legal matter, but my wife who has been a CEO for a NFP for the last 20 years assures me that it is. Maybe not a big deal, but it does open us up for a lawsuit if the employee was upset.
    2) I think a Zoom meeting offers pluses and minuses. There are features such as hand raising and chat for large meetings and also polls to have secret ballots. I do like the fact that the 'Discussion Threads' allows for more points of views and that you can attend when you have time. I believe there is a major flaw however in the discussion thread when we take a 'secret ballot'. The software shows me the users browsing the thread. After I vote I can see the poll results. It is easy to figure out who just logged in and when the vote changes, who they voted for. Not only is not a secret ballot, but knowing the results before they close, can also influence voters.
    Yes though Bob is a contractor and not an employee NUDGE. NUDGE. WINK. WINK. The last four words an OPR (obligatory pop reference) many chess players will understand.

    Actually, I have thought about this angle of constructive dismissal (though not in reference to Bob) before as I have been reading articles about some of the nuances of employment law along with discussions about the topic at the Sunday dinner table when my brothers were still able to visit. These discussions and articles primed me to be wary of asking people to resign. Well also articles which wrote about the legal consequences of asking someone to resign.

    Knowing the results as we go along can but it can also reduce the stress level when the vote is going well.

    It is best if we concentrate our efforts on things that actually will make a difference for chess and chessplayers instead of rearranging deck chairs on the Titanic.

    We were looking at options on the voting side. We could also have a pre-meeting where discussion threads were launched to talk things out starting two weeks before the actual meeting (or one week).

    Yes that is a bit of a flaw. We could fix it by breaking the voting process but maybe we just stretch the voting out over a longer period like a week where no one is going to sit and monitor who votes how for that long.

    Thirty seven days spent in meetings is a bit much for a relatively small non-profit. A lot of what we do in meetings could be done outside of meetings and wouldn't require monitoring meetings for the next crazy thing being thrown against the wall.
    Last edited by Vladimir Drkulec; 04-16-2021 at 12:41 AM.

  3. #33
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    Quote Originally Posted by Vladimir Drkulec View Post
    Yes though Bob is a contractor and not an employee NUDGE. NUDGE. WINK. WINK. The last four words an OPR (obligatory pop reference) many chess players will understand.

    Actually, I have thought about this angle of constructive dismissal (though not in reference to Bob) before as I have been reading articles about some of the nuances of employment law along with discussions about the topic at the Sunday dinner table when my brothers were still able to visit. These discussions and articles primed me to be wary of asking people to resign. Well also articles which wrote about the legal consequences of asking someone to resign.

    Knowing the results as we go along can but it can also reduce the stress level when the vote is going well.

    It is best if we concentrate our efforts on things that actually will make a difference for chess and chessplayers instead of rearranging deck chairs on the Titanic.

    We were looking at options on the voting side. We could also have a pre-meeting where discussion threads were launched to talk things out starting two weeks before the actual meeting (or one week).

    Yes that is a bit of a flaw. We could fix it by breaking the voting process but maybe we just stretch the voting out over a longer period like a week where no one is going to sit and monitor who votes how for that long.

    Thirty seven days spent in meetings is a bit much for a relatively small non-profit. A lot of what we do in meetings could be done outside of meetings and wouldn't require monitoring meetings for the next crazy thing being thrown against the wall.
    1) Yes, if he is a contractor, then I think we can change the title.
    2) I like the idea of combining the discussion threads with a Zoom Meeting. On the plus side, I think people are more civil during online meetings. On the minus side, some might not get the floor in a live meeting. It is important to have a good Chairperson. Also, as people adopt to the more current technology (Zoom Meetings) and learn all the bells and whistles, we may just realize that the discussion forum is not even necessary. I am not really sure with how much work is involved setting up the discussion forum.
    I do know setting up a Zoom Meeting is easy and we do not have to worry about Chris Mallon being hit by the proverbial bus.

  4. #34
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    Quote Originally Posted by ian findlay View Post
    1) Yes, if he is a contractor, then I think we can change the title.
    2) I like the idea of combining the discussion threads with a Zoom Meeting. On the plus side, I think people are more civil during online meetings. On the minus side, some might not get the floor in a live meeting. It is important to have a good Chairperson. Also, as people adopt to the more current technology (Zoom Meetings) and learn all the bells and whistles, we may just realize that the discussion forum is not even necessary. I am not really sure with how much work is involved setting up the discussion forum.
    I do know setting up a Zoom Meeting is easy and we do not have to worry about Chris Mallon being hit by the proverbial bus.
    On your second point, if I may: Zoom has features that allow questions and answers and chat to share links (for example google docs links to consult documents on the side column of the screen.
    We can even have “breaking rooms” per committees that come back to report to the general room after an hour but this takes organization (I and another 7 people just completed organizing such a zoom: A 10 roundtables conference taking place on April 21 for the Canadian Bar Ass. 80 people are registered) so, yes, zoom can happen!!!

  5. #35
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    Quote Originally Posted by ian findlay View Post
    1)
    I do know setting up a Zoom Meeting is easy and we do not have to worry about Chris Mallon being hit by the proverbial bus.
    If something happened to Chris and Lyle while I could probably figure out how to hold a meeting as Lyle provided me with instructions some years ago, assuming that I could find the email, I am not sure that I would as a zoom meeting would not require any fancy setup though we would have to get a zoom license in that case as I am not sure that free zoom cuts it.

  6. #36
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    Quote Originally Posted by Michael Barron View Post
    To avoid terminology confusion rename the position of paid CFC employee "Executive Director" to "Office Manager".
    Mr. President, please include this Motion into AGM Agenda for voting.

    Nikolay, could you please second it?
    Thanks,
    Michael Barron

  7. #37
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    Quote Originally Posted by Michael Barron View Post
    Mr. President, please include this Motion into AGM Agenda for voting.

    Nikolay, could you please second it?
    Sure, I confirm that I second this motion

  8. #38
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    Quote Originally Posted by Patricia Gamliel View Post
    I was one of the organizers of an 80 people zoom last month - JUST SAYING ...
    As we speak I am listening in to a Zoom meeting with 83 present.

    Be aware that while I've attended more than a dozen meetings with 50+ people in the past 6 months, what is lost is that you DON'T get meaningful contributions from anybody but the organizers and a LOT of people do feel they've not been heard.

    Worst case scenario in a forum meeting like this is that people can page through material they don't deem sufficiently relevant but at the very least everybody DOES get to get their contributions in - which is definitely NOT the case in a large Zoom meeting. Zoom works well for meetings of 20 or less people but beyond that your level of participation is no more than one would get listening to the radio.

  9. #39
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    I can assure you the CFC is by no means remotely close to being "meeting heavy" compared to other organizations out there, several of which I belong to.

  10. #40
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    By-law amendments requiring ordinary resolutions of the members

    By-laws will be changed and updated over time as the needs and the organization of the corporation change. The following are the default steps for approving by-law changes that do not require special member approval (see By-law amendments requiring special resolutions of the members). If you prefer a different process, these steps can be changed in your corporation's articles, in its by-laws or in a unanimous member agreement.

    • Step 1 – The board of directors initiates a change to a general by-law. The effective date of this change is the date it is approved by the directors.
    • Step 2 – The by-law change is placed on the agenda for the next meeting of members.
    • Step 3 – Members confirm the by-law change (or they amend it and then confirm it) by ordinary resolution.
    • Step 4 – If the members reject the by-law adopted by the directors, the by-law change ceases to have effect on the date it is rejected by the members. Alternatively, if the directors fail to submit the by-law change to the members at the next members meeting, the by-law change ceases to have effect on the date of the members meeting at which it should have been submitted to the members. In such cases, future by-law changes that have substantially the same effect as the one rejected or not submitted will not become effective on approval of the directors. They only become come into effect when approved by the members.
    • Step 5 – Within 12 months of the confirmation of the by-law changes by the members, a copy of the amended by-laws must be sent to Corporations Canada.


    https://www.ic.gc.ca/eic/site/cd-dgc...g/cs05005.html

    We do have to consider the issue raised by Ian about whether this constitutes constructive dismissal and necessity for a new and different contract which frankly this is not a good time to be pursuing around the time of Covid. Bob Gillanders does not seem terribly enthusiastic about this and it is intruding on the day to day operation of the CFC. We discussed this previously among the executive and there was not a lot of support for it.

    In all likelihood we will be talking to the FQE about some of the things that they have suggested might be possible and at that point we will come up for a plan for how we are going to be organized. You don't need an office manager for a virtual office with one contractor/employee.

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