[sac-forum] Waiver-amendment debate.....

  • From: Stan Gorodenski <stan_gorodenski@xxxxxxxxxxxxx>
  • To: sac-forum@xxxxxxxxxxxxx
  • Date: Thu, 25 Aug 2005 09:25:33 -0800

These are my comments, mostly in the form of questions which may not be helpful.

Regarding:

  1. _A club event is only one occurring on the day, time, and place
     that the Board of Directors formally specifies._
  2. _Participants at club events are only those who are:_
        1. _members or invited guests and_
        2. _who also have signed the release for the event, when a
           release is required._

1. Do these releases really do any good or do they just alert the attendee that the club thinks it is protected? In this regard, anyone can file a law suit even if it ends up having no merit because of the waiver they signed. However, it might cost the club the entire treasury to get to the point of a judge ruling that it has no merit and the judge may or may not award attorney fees. Also, related to this, I remember incorporation was being discussed to protect officers and administrators from being individually sued. Has this fallen by the wayside?
2. Who makes the determination that a guest is an invited guest, the member bringing a guest, or in the case of someone that shows up by themselves the person distributing the wavers?
3. Are waivers going to be required of the public at public star parties?
4. How is this going to be enforced? If all that can be done to a member is terminate membership, it doesn't solve the problem at the moment.
5. Would a waiver protect Steve Coe from a liability lawsuit, for example, if the board decided to have a club event at his house?




Regarding
This Constitution shall be amended only by consent of a majority of the voting membership at a regular or special business meeting called for that purpose_ or the regular meeting following submission_. Any amendment so passed shall take effect immediately.


I am against this change. It is too vague - "the regular meeting following submission" - immidiately after? I think the change would make it easier for things to be voted on without the full membership being aware that something they might want to vote on will be on the agenda. When something is labeled a "business" meeting, as it is called in the current bylaw, most people know this means possibly voting on something.


Regarding expulsion of a member:

  1. _Attending a club event, that requires a signed release, and
     refusing to sign the release for the event._

While I question whether a waiver will do much good, if it becomes a requirement than all members should sign the waiver.











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