FYI. The rules according to Dave Brown - AMA President.

OK, there is the membership manual - seemingly a worthless document to lean
on. Who knows what "exceptions" lie in the dusty archives of EC minutes of a
decade or more ago. Then there are a number of official AMA publications,
such as the application for Leader Member, time as an AMA member prior to
applying to be a leader member is a requirement. I guess there is no tie-in
between the membership manual, what is implied and any other "requirements"
spelled out in other AMA documents, meeting minutes, application forms etc..
Now we know why Muncie maintains a legal staff.

Red S.

----- Original Message -----
From: "Dave Brown" <[email protected]>
To: "Red Scholefield" <[email protected]>
Sent: Friday, June 11, 2004 3:36 PM
Subject: Re: interim VP 5


> Where in the membership manual did you find the "requirement" itself???
>
> The policy of allowing a VP to waive the requirement, is in the same place
> as the requirement, itself, is established (EC minutes).
>
> As to the EC reviewing each appointment to LM status, that, simply could
not
> happen, and a staff member is unlikely to challenge an elected officer.
The
> members elect their VP, and I do not expect the members would be very
happy
> if that VP was told, exactly how he should conduct the business of his
> district.
>
> You say the EC should have "reviewed", and approved, this (perhaps any)
> decision that Jim makes, yet, I'm sure you would have a real problem with
> the EC "over-riding" something Tony (Stillman - candidate for Dist V VP)
did, using his judgement,
> .......wouldn't you???
>
> In the end, the members elect the VP's, those VP's establish rules which
> they are governed by, and it becomes up to each VP to make good decisions,
> within the framework of those rules. If a VP makes bad decisions, The EC
> will make more rules, or the members will elect someone else as their VP.
> In Jim's case, he kept getting re-elected, so the majority of members
> (perhaps it's a plurality, but, in any case, more voted for him, than for
> any other candidate) must be content with his performance. If the EC was
to
> "micromanage" everything the VP's did, it would yield chaos.
>
> Dave Brown
>
>

Whether we like it or not Red, in this case Dave is right on.

The membership elects the reps, and has to live with what they decide. That is how a "Republic" works. Neither the AMA or the USA is a "Democracy". (If it were we would be in for some eternal revolutions if the bunch posting here constitutes an example. )

In addition there need not be so many rules over the DVP. He should have miles of rope and latitude to do as he decides. If he doesn't do well, then it is up to the constituency to correct him/her.

There are so many rules passed by any rule-making group that they themselves forget what is and what ain't. So they pass some more and try to control every one's every move. Then those of us out here in the trenches have to again shoulder the loads and go do the dirty work.

Look at these forums and the people that frequent here in the political realm of things. They dislike one thing about some possible candidate that might make a change, and let that dislike control their emotional state rather than going and getting a change made simply to demonstrate that they can make a change. The incumbents can easily sit back, pop another cork and laugh at the masses. The masses get exactly what they deserve. [&o] Unfortunately some good people get the same downloads as the masses get.

I have to agree with Horrace on this issue. There must be some latitude in the way VP’s are allowed to handle their district.

Having said that, I have come to believe that there is no new District 5 VP at this time. If not rectified, this may well cause future problems, in my opinion.

The by-laws clearly state that the interim representative shall be appointed by the VP in the case of his/her demise, in Article X, Section 2. Since an EC meeting is scheduled during the period where a special election would take place, the EC is empowered to appoint a VP. This has not been done.

I have come to understand that Dave Brown called each individual on the EC and asked for an opinion as to whether Judi Dunlop should be the District 5 VP. Enough opinions were in the affirmative to make Mrs. Dunlop the VP. HOWEVER, there has been no action taken that conforms with the by-laws to make the appointment.

Article VIII, Section 2, empowers the president to call an emergency meeting of the EC. The president has not done so. A poll of individual members of the EC does not meet the definition of either a mail vote or an Executive Council meeting as described in Article XI, Section 4 of the by-laws. I don't think that anyone would try to make a case that an e-mail vote was not acceptable, as opposed to a snail mail vote, but, neither has been done. I also do not believe that anyone would try to make a case that a conference call, as opposed to a face to face meeting, would not be acceptable. HOWEVER, none of the above have been done, as of June 11. There was no meeting, either in person, or on the phone, where a quorum was present, as required in the by-law, and thus, no vote has taken place.

Now, it could be that the intent is to have the opinions re-affirmed in the EC meeting in July, in the form of a vote. That presents a different problem for the Nominating Committee. IF Mrs. Dunlop is to be considered by the NC as an incumbent, she must first have been appointed VP by the EC. If, on the other hand, she is not appointed VP by the EC, BEFORE the NC meeting, she must be considered an ordinary nominee, and not subject to the by-law requiring a 3/4 vote of the NC to keep her off of the ballot, as an incumbent. The NC meeting takes place before the EC meeting in July. It will become the responsibility of the NC chairman, Bliss Teague, to seek the opinion of Counsel to determine what action to take in this regard.

No other solution or interpretation may be made, since the definition of a council meeting is set forth in the by laws and any Article XI, Section 5 precludes changing policies set forth in the by-laws.

Seems a simple solution is availalble, I wonder if it will be used.


Article VIII
Section 2. Special Executive Council meetings may be called by the President, or by any five Executive Council members, or shall be called upon the written request of 5% of voting members of the Academy. The purpose of a Special meeting shall be stated in the call. Except in cases of emergency, as determined by the President, at least 15 days notice shall be given.

Article X
Section 2. In the event of a vacancy during a regular term by death, incapacity, inactivity, resignation, impeachment, removal from office or transfer out-of-district of any AMA official, the following procedure shall be used to replace him to fill out the remainder of his term:

(1) The Executive Council may replace a Vice President as follows:
When a vacancy occurs during the regular term of an elected Vice President, two nominees for his replacement are to be selected by the outgoing Vice President (or by the Executive Council in the event of the demise, incapacity, or inaction of the Vice President), one of whom shall be currently an active Associate Vice President in that district. Any nominee must be qualified for the office of District Vice President as provided in Article IX. An election shall be conducted by AMA Headquarters by mailing ballots to all Open members of the District. A plurality vote shall elect. A period from date of mailing to close of receipt of balloting will be established by the Executive Council. When a vacancy occurs within three months of the end of
the current term of office, or when a Council meeting is called or scheduled during the nominating and voting period, the outgoing Vice President (or the Executive Council in the event of his demise, incapacity, or inaction) shall make an interim appointment from among the active Associate Vice Presidents in the district.

(2) The Executive Council may replace a President or Executive Vice President.

Article XI
Section 4. Official decisions may be made by a 2/3 majority mail vote or by a quorum at a Council meeting. A quorum shall consist of at least 50% of current Executive Council members. There shall be no proxy voting; however, a Vice President may designate an Associate Vice President from his district to represent his district at Council meetings with all rights and privileges except the right to vote.

Section 5. Decisions of policy shall not be at variance with the stated purposes and objectives of the Bylaws or the Articles of Incorporation of the AMA.

Any bets?

Continued bad attitude #758 described in another thread.

Hi Red

I thought this, by Dave Brown, was apropos: "D. Brown(Pres) recommended all 5-year old motions be reviewed at the first EC meeting each year.'

That is from "old business", EC minutes, July 12, 1999.