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Thread: 5A1 Noritsyn, Itkin et al campaign to remove the CFC president

  1. #81
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    Quote Originally Posted by Fred McKim View Post
    Can someone explain the motion to me ?

    If I understand this correctly we are being asked whether a Special Meeting should be called if the Noritsyn call for a meeting can be legally presented ? Am I missing something here, because if they are able to legally call a meeting why would we vote NO to having it ? Voting Yes only implies that they have met the legal requirement, not how you would vote at the meeting - or am I way off here ??
    I'll try to explain our position one more time.

    There is no question that we have the right to call for a Special Meeting. We can go to a lawyer and meet the legal requirement. If there will be no vote on Motion 1 taken at this meeting, this will be exactly our next step.

    But, of course, we are not sure, will the majority support Vlad's removal or not. That's why, to save everybody's time and efforts, we suggest to vote on Motion 1 at this meeting. We are already here, discussion is coming to its end, and it is easy to put this Motion for vote and see the results.

    If the majority will vote in favour of Vlad, we will respect (unlike Vlad did several times) the majority decision and we will not exercise our right to call for a Special Meeting.

    I hope, our position should be more clear now.
    Last edited by Victor Itkin; 04-14-2021 at 12:56 PM.

  2. #82
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    Quote Originally Posted by Victor Itkin View Post
    Patricia,

    I would like to clarify our group's position about your election: we admit that you won this election fairly. And we hope that at this position you will be helpful for the CFC. We have never said that you did anything wrong in regards to the elections.

    The issue is not with you, as a person, but with the order how the February Special Meeting was called by the President, and how the motion for voting for the Director at Large position appeared in the meetings' agenda, and how the order to vote was set. We would have exactly the same issue with Vlad, if instead of you for this position would be nominated any other person (women or men).

    My view is that Victor Plotkin in his post in this thread was trying to say approximately the same.
    Sir:
    I maintain every word of my earlier post. The said discriminatory and offensive comment was clear.
    A tentative interpretation, made months later, could be viewed as an effort for a doubtful political gain that can only fail because it does not change the time and context within which the original statement was made.
    This is my last post on that specific thread that, as far as I am personally concerned, is not worth more of my time. There are so much more important threads to discuss in this forum.

  3. #83
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    I would like to provide some clarification regarding the application of Diana Tsypina to upgrade her IA title from Category D to B.

    1. As you know, Vlad's refusal to follow Hal Bond's suggestions about this application was the immediate reason for Hal's resignation from the position of FIDE Representative.

    2. A few days after I was elected as a replacement, I received an email from the Chairman of the FIDE Arbiter Commission. In this email, Mr. Freyd thoroughly explained why this commission must immediately reject Diana's application. He also criticized our President for intervening in FIDE responsibilities.

    3. Actually, this wasn't surprising for me at all, as I trust Hal Bond's opinions; he is one of the top arbiters. However, Vlad continues to act in favour of this application. Vlad sent another letter to FIDE about this matter without even consulting with me, as the FIDE Representative. Taking these controversial steps behind my back is, in my opinion, inappropriate for the CFC President. I don't accept the explanation that he provided me, which stated that he didn't want me to be involved with this case because it began before I was elected.

    4. I understand, and even appreciate, that Vlad continues to support his friends. He continues to support Vadim even after Vadim lost the election and his position in FIDE, at least temporarily. This is generally a very good quality in a person - Vlad is a good friend, but I am unsure if he is a good CFC President.

  4. #84
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    On 1/27/2021 11:32 PM, Vladimir Drkulec wrote:
    We have one woman on a board that usually has seven members. That is 14% females. We are supposed to have 30% females. They want outside directors. Some things we will not be able to do. They want a paid CEO and CFO on staff.


    From: Lyle Craver
    Sent: January 28, 2021 1:59 AM
    To: Vladimir Drkulec; Fred McKim ;
    Egis Zeromskis
    Cc: Chess (CFC Exe - Youth) - Tao, Christina; Chess (CFC Dir at Large)-Dutton, Mark
    Subject: Re: increasing number of directors


    Specifically on what grounds are we claimed to be non-compliant? The more specific the better please. LC



    On 1/26/2021 10:40 AM, Vladimir Drkulec wrote:
    I am still dubious but the problem is that if we are non-compliant with the COC guidelines they may purge us as a recognized NSO which might affect our access to things like Sports Tourism Canada which has led to all of these recent sponsorship opportunities. I do not want to go through the same kind of grilling that we went through before to get that recognition. I largely shielded everyone from that.

    We are going to be non-compliant with much of what they want us to do. I think if we are compliant on the larger aims they may give us a pass on the rest.

    Vlad


    From: Fred McKim
    Sent: January 26, 2021 12:49 PM
    To: Egis Zeromskis; Vladimir Drkulec
    Cc: Chess (CFC Exe - Youth) - Tao, Christina ; Chess (CFC Dir at Large)-Dutton, Mark; Chess (CFC Exe - Sec) - Craver, Lyle
    Subject: Re: increasing number of directors


    I agree. It would be an insult to simply add her as a Director without adding Aris, first. If we have to wait until a vote of the VM, so be it.
    Just last summer you were against adding Directors, Vlad because it would make the board too unwieldly. I take it your view has changed.




    From: Egis Zeromskis
    Sent: January 26, 2021 1:46 PM
    To: Vladimir Drkulec
    Cc: Fred McKim ; Chess (CFC Exe - Youth) - Tao, Christina ; Chess (CFC Dir at Large)-Dutton, Mark : Chess (CFC Exe - Sec) - Carver, Lyle
    Subject: Re: increasing number of directors


    Can we resolve FIDE rep. first?

    Do you have any other candidate for FIDE rep. that you're dragging
    this process?

    Regards,
    Egis





    Quoting Vladimir Drkulec :

    > I would suggest that we appoint her now before she comes to her senses.
    >
    > I don't really know her well or even at all but this is the type of
    > outside of the box director that the Canadian Olympic Committee
    > suggested in the seminar, should form a large percentage of our
    > directors. She is very smart. I guess law is where you find many
    > smart women.
    >
    > Other women who might make good board members:
    >
    > Victoria Doknjas (not interested)
    > Anna Burtasova
    > Qiyu Zhou (though maybe too young)
    > Yuanling Yuan (though not living in Canada at the moment)
    > Agnieszka Matras-Clement
    > Corina Wan
    >
    > I am sure there are others who do not come to mind immediately but
    > you may know of. Lynn Stringer would be the type of person we would
    > be looking for among past organizers.
    >
    > Vlad
    > ________________________________
    > From: Egis Zeromskis
    > Sent: January 26, 2021 11:46 AM
    > To: Fred McKim
    > Cc: Vladimir Drkulec ; Chess (CFC Exe - Youth)
    > - Tao, Christina ; Chess (CFC Dir at
    > Large)-Dutton, Mark ; Chess (CFC Exe - Sec) -
    > Carver, Lyle
    > Subject: increasing number of directors
    >
    > (change the subject)
    >
    > Fred, sorry, but I don't recall that discussion. Any chance you can
    > point something that I could find that?
    >
    >
    > That's probably the simplest way (articles let do that), as probably
    > crafting by-laws specifically for women's directors could be
    > challenging.
    >
    >
    > regards,
    > Egis

    >
    >
    >
    >
    >
    > Quoting Fred McKim :
    >
    >> I have removed the Non-Directors.
    >>
    >> The easiest way to get Patricia involved would be to simply appoint
    >> her as a Director. I remember discussing increasing the number of
    >> Directors last summer, which nobody was happy with.
    >>
    >> To achieve 30% - we could simply appoint additional Directors after
    >> the AGM to achieve a total of 3 women, which would work on a board
    >> of 8, 9, or 10 (depending on how many were originally elected).
    >>
    >> _
    _______________________________
    >> From: Vladimir Drkulec
    >> Sent: January 26, 2021 11:45 AM
    >> To: Egis Zeromskis; Pierre
    >> Dénommée
    >> Cc: Lloyd Lombard; Chess (CFC Exe -
    >> Youth) - Tao, Christina ; Chess (CFC Dir at
    >> Large)-Dutton, Mark ; Chess (CFC Exe - Sec) -
    >> Carver, Lyle ; Chess (CFC Exe - Trea) - McKim, Fred
    >> Chess (BC) - LeBlanc, Paul
    >> Chess (CFC) - Plotkin, Victor
    >> ; Chess (CNS Sec) - Langen, Roger
    >>
    >> Subject: Re: Hal Bond CFC FIDE representative resignation email
    >>
    >> At one point you suggested that we add Aris to the board. I am open
    >> to that. I have been talking to and texting and emailing Aris
    >> throughout this situation and even before this situation blew up. I
    >> consider Aris a good friend.
    >>
    >> The voting members are strongly leaning to the idea of electing the
    >> FIDE representative. I believe that as much as possible we should
    >> be democratic and let the voting members decide.
    >>
    >> You have pointed out some deficiencies in the wording of the
    >> sections on officers in our bylaws. We should deal with that
    >> promptly. You are the second person to point that out within a few
    >> hours.
    >>
    >> I believe that we should add a woman to the board as well.
    >>
    >> There is a requirement of the IOC and by delegation to the Canadian
    >> Olympic Committee that we should have at least 30% women on our
    >> board. I attended a seminar by the COC on corporate governance a
    >> few weeks ago which had many suggestions on how non-profits of
    >> National Sports Organisations (NSOs) should be organized.
    >>
    >> I have had three media questions about chess in the regular Olympics
    >> in the last six weeks or so. It seems that there is something going
    >> on that I am not fully aware of.
    >>
    >> I have become aware of a prominent Montreal attorney named Patricia
    >> Gamliel who is a volunteer at FIDE on the social committee and at a
    >> number of other non-profits and who would be open to serving on the
    >> CFC board. She is a lifelong chess player who started her career as
    >> a teacher of chess (and perhaps other subjects) in the Quebec school
    >> system and she comes from a family where there are at least four
    >> generations of chess players. According to an internet search, she
    >> has a strong interest in immigration and refugee issues and has
    >> successfully sued the federal government though I suspect it was the
    >> last government. She is very well connected in business and the
    >> corporate world and has ideas related to how we might leverage
    >> corporate memberships (which we used to have under the old bylaws at
    >> one point) and also on Chess in the Schools. She is high energy and
    >> could help us in many different ways. She checks off many of the
    >> requirements for directors discussed by the Canadian Olympic Seminar
    >> that I attended. The following bio provided by her is way too
    >> modest. Do a google or duckduckgo search.
    >>
    >>
    >> Patricia Gamliel, condensed bio:
    >>
    >> Mrs. Gamliel holds a certificate and a Bachelor degree in Education
    >> (Quebec), a teaching permit (Quebec), a Bachelor in Law degree (LLB)
    >> (Quebec) and is a member in good standing of the Quebec Bar
    >> Corporation as well as a member in good standing of the Canadian Bar
    >> Association (CBA). She is a recipient of the Centennial CBA pin.
    >>
    >> In her capacity as an attorney, Mrs. Gamliel is the current Chair of
    >> the Women in Law Forum of the CBA (Quebec division) and a member of
    >> the executive of the national section of the CBA Women in Law Forum.
    >> She also presides over the Inquiry Committee of the Quebec Ministry
    >> of Education and serves as Chair of the Board in not for profit
    >> organizations in Montreal.
    >>
    >> Mrs. Gamliel is a partner at Dunton Rainville, LLP, one of the
    >> largest Quebec law firms. She has 25 years of experience in
    >> litigation both at the provincial and federal levels litigator.
    >>
    >> Finally, Patricia is playing chess since the age of 5 and is a proud
    >> third generation of women chess players in her family, passing on
    >> this tradition, now to a fifth generation.
    >>
    >>
    >> Vlad
    >>
    >>
    >> ________________________________
    >> From: Egis Zeromskis
    >> Sent: January 26, 2021 9:47 AM
    >> To: Pierre Dénommée
    >> Cc: Lloyd Lombard ; Vladimir Drkulec
    >> ; Chess (CFC Exe - Youth) - Tao, Christina
    >> ; Chess (CFC Dir at Large)-Dutton, Mark
    >> ; Chess (CFC Exe - Sec) - Carver, Lyle
    >> ; Chess (CFC Exe - Trea) - McKim, Fred
    >> ; Chess (BC) - LeBlanc, Paul
    >> ; Chess (CFC) - Plotkin, Victor
    >> ; Chess (CNS Sec) - Langen, Roger
    >>
    >> Subject: Re: Hal Bond CFC FIDE representative resignation email
    >>
    >> Hi Pierre,
    >>
    >> Hal suggested the option of splitting. Personally I think that was
    >> quite cumbersome to make. Please look what the FIDE Zonal President is
    >> and its duties. To me they are like 1:1 analogs. I discussed the
    >> matter with Hal, and he was not the person who would keep the chair
    >> with all 20 fingers. Thus, the suggestion is off.
    >>
    >>
    >> There are a lot of suggestions regarding Aris Marghetis being a person
    >> to fill the position of the FIDE Representative.
    >>
    >>
    >> To me this option is acceptable.
    >>
    >> Board of Directors have the power ("If the office of any officer of
    >> the Corporation shall be or become vacant, the directors may, by
    >> resolution, appoint a person to fill such vacancy.") to accomplished
    >> that in at least 11 days (call a meeting, 10 days wait period,
    >> approve a resolution (1 day)). The position in a discussion is an
    >> Officer, with not clearly described as a requirement that the
    >> candidate must be a director ("a member of the executive"). Then this
    >> would NOT make a FIDE Representative a member of the board of directors.
    >>
    >> Hal Bond was elected as a director during the annual meeting by voting
    >> members. His resignation ceased him being a director. (His wordings in
    >> his letter were not very specific, making some confusion.) Thus, there
    >> is vacancy in the board of directors.
    >>
    >>
    >>
    >> The CFC by-laws has nothing about this situation. NFP Act have several
    >> paragraph regarding that.
    >>
    >> Most important:
    >>
    >> "Filling vacancy
    >>
    >> 132 (1) Subject to subsections (4) and (5), a quorum of directors
    >> may fill a vacancy among the directors, except a vacancy resulting
    >> from an increase in the number or the minimum or maximum number of
    >> directors provided for in the articles or a failure to elect the
    >> number or minimum number of directors provided for in the articles.
    >>
    >> ...
    >>
    >> "Director elected by class or group
    >>
    >> (4) If any class or group of members has an exclusive right to elect
    >> one or more directors and a vacancy occurs among those directors,
    >>
    >> (a) subject to subsection (5), the remaining directors elected by
    >> the class or group may fill the vacancy, except a vacancy resulting
    >> from an increase in the number or the minimum or maximum number of
    >> directors provided for in the articles for that class or group or from
    >> a failure to elect the number or minimum number of directors provided
    >> for in the articles for the class or group"
    >>
    >>
    >>
    >> Member filling vacancy
    >>
    >> (5) The by-laws may provide that a vacancy among the directors shall
    >> be filled only by a vote of the members, or by a vote of the members
    >> of any class or group having an exclusive right to elect one or more
    >> directors if the vacancy occurs among the directors elected by that
    >> class or group."
    >>
    >> (1) is clear. Question: Are (4) or (5) applicable to the CFC situation?
    >>
    >> I think (5) is not applicable as the CFC bylaws talks only about
    >> filling officer positions but not "director".
    >> Regarding (4) - Another question about an exclusive rights. The CFC
    >> bylaws does not spell out "exlusive rights"
    >>
    >> "Proposals Nominating Directors at Annual Members' Meetings
    >> Subject to the Regulations under the Act, any proposal may include
    >> nominations for the election of directors if the proposal is signed by
    >> not less than 1% of members entitled to vote at the meeting at which
    >> the proposal is to be presented."









    Last edited by Vladimir Drkulec; 04-15-2021 at 10:26 PM.

  5. #85
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    Quote Originally Posted by Vladimir Drkulec View Post
    On 1/27/2021 11:32 PM, Vladimir Drkulec wrote:
    ...
    President, on what grounds have you started to release directors' communications publicly? The head of the organization shall be the example how to act. Shall I start picking cherries?
    .*-1

  6. #86
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    Quote Originally Posted by Victor Plotkin View Post
    I would like to provide some clarification regarding the application of Diana Tsypina to upgrade her IA title from Category D to B.

    1. As you know, Vlad's refusal to follow Hal Bond's suggestions about this application was the immediate reason for Hal's resignation from the position of FIDE Representative.
    False.

    The board as a whole voted to overrule Hal Bond's suggestions which he probably should have recused himself from based on conflicts of interest and animosity with the applicant's husband.


    2. A few days after I was elected as a replacement, I received an email from the Chairman of the FIDE Arbiter Commission. In this email, Mr. Freyd thoroughly explained why this commission must immediately reject Diana's application. He also criticized our President for intervening in FIDE responsibilities.

    3. Actually, this wasn't surprising for me at all, as I trust Hal Bond's opinions; he is one of the top arbiters. However, Vlad continues to act in favour of this application. Vlad sent another letter to FIDE about this matter without even consulting with me, as the FIDE Representative. Taking these controversial steps behind my back is, in my opinion, inappropriate for the CFC President. I don't accept the explanation that he provided me, which stated that he didn't want me to be involved with this case because it began before I was elected.

    4. I understand, and even appreciate, that Vlad continues to support his friends. He continues to support Vadim even after Vadim lost the election and his position in FIDE, at least temporarily. This is generally a very good quality in a person - Vlad is a good friend, but I am unsure if he is a good CFC President.
    Chairman Freyd asked me to withdraw the application. I declined to do so based on the previous decision of the CFC board. It was important for FIDE based on their rules to decide.
    Last edited by Vladimir Drkulec; 04-14-2021 at 02:04 PM.

  7. #87
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    Quote Originally Posted by Lyle Craver View Post
    The present state of things with the FQE is a sorry state - but one that was created almost entirely by the FQE itself. Given the FQE's decision I do feel that primarily due to its proximity to Ontario that provincial affiliates who have stuck by the CFC through thick and thin have been almost entirely ignored by the CFC. (As a longtime executive member of the BC Chess Federation I can safely say there are those on the board who don't feel the CFC is properly representing provincial interests though with the pandemic much is deferred) Your point that the FQE wanted 3 VM positions and got them is valid - if the COC were to insist on more (for instance the full per capita quota) as a price of doing business with COC I would say "Quebec gets their full quota when they re-affiliate not before and that most organizations do not give ANY representation on their board of governors to unaffiliated organizations" and if push came to shove I would resign before voting any such thing.

    I'd say the COC needs to review the history since their dis-affiliation - to paint the CFC as disinterested and mistreating the FQE is both ignorant and insulting.

    In any case Noritsyn's issue comes down to "did the president fail in his duty either first in calling the February special meeting in the first place, second in adding additional items to the agenda totally unrelated to the FIDE position and third in his handling of the chair challenge" and if so are failures in this area cause for removal from office.

    In my opinion none of the discussion of the FQE and other issues is relevant to the issue here - it's a question of whether governance became mis-governance and if so what should be the result. Nothing more, nothing less.
    Hi Lyle,

    My reeding of the period 1979-83 when the FQE was desaffiliated by the CFC is quite different, but let the past be the past. It’ more important to look forward. The Motion to be voted is according to me irrelevant and a lost of time since elections are coming soon. It’s more important to prepare the AGM properly.

  8. #88
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    Quote Originally Posted by Vladimir Drkulec View Post
    False.

    The board as a whole voted to overrule Hal Bond's suggestions ...
    Why even put this issue in front of the Board if the application was filed 4 years early?

  9. #89
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    Quote Originally Posted by Victor Itkin View Post
    Why even put this issue in front of the Board if the application was filed 4 years early?
    It was appealed to the board. There were considerations including mandates from the Canadian Olympic Committee for more women in positions of authority including arbiters/referrees. There was a strong plurality on the board for allowing this application to proceed though there has been some wavering after the fact but still not enough to change a strong plurality in favour of pushing it forward.

  10. #90
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    Quote Originally Posted by Victor Itkin View Post
    Why even put this issue in front of the Board if the application was filed 4 years early?
    Those were two different applications by two different persons.
    .*-1

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