[ SHOWGSD-L ] Response to the President, Gail Hardcastle.

  • From: Gsdbroon@xxxxxxx
  • To: hardcastle@xxxxxxxxxxxxxx, showgsd-l@xxxxxxxxxxxxx
  • Date: Sun, 6 Jan 2008 20:54:40 EST

 
Article VII Section 2 of the GSDCA by-laws  provides that charges shall be 
heard by the Board of Directors or by a committee  of not less than three 
members of the Board appointed by a majority of the  entire Board.
Article III Section 8 of the by-laws provides that:   At meetings of the 
membership and of the Board of Directors, Robert's Rules  of Order, Revised 
shall 
govern parliamentary practice in all matters not  covered by these by-laws.

Robert's Rules of Order, Newly Revised (10th  Edition) on pages 630 and 631 
states:"...Consequently, a trial must always  be held in Executive Session...To 
make any of the facts public may constitute  libel..."

Tom Brown

At 02:24 PM 1/6/2008 -0500, you wrote:  

ELG440@xxxxxxx  wrote:   
In a message dated  1/5/08 10:27:43 PM Pacific Standard Time,  
hardcastle@xxxxxxxxxxxxxx  writes:  
the bylaws are  specific. They do NOT say that the Corr Sec shall promptly 
notify the president  and post to all available lists for 
discussion.
Evan:  
There are many things  not said in the by-laws, and if left out then you turn 
to the laws of a  non-profit corporation in the state of New York. There are 
provisions for  'closed meetings" but only to the public. No meetings should 
ever be closed to the  members. This has been ignored and is the basis for 
thinking information can be  kept from the members. It cannot. If you tried to 
put 
that in the by-laws, it  would be in conflict with corporation law, and even 
federal IRS limitations.  While it has been going on for a long time, our new 
President, Gail is just the  person to start to correct the past mistakes and 
bring the club out of the  closet and let everyone know what is going on, all 
the time.

We are here to protect  ALL members and treat each fairly. We were elected, 
as you state, to conduct  business on behalf of the club. We do not intend to 
act as a higher power. Our  job is to follow the by-laws and to keep our club 
free from trouble.   
This board is a  collection of sincere and concerned individuals without 
agendas. We will do what  is right and unless our bylaws are changed we follow 
the 
outline of "Section 2.  Charges".

I agree with  everything Gail has said. But, nothing in our by-laws allows 
the board to keep  things to themselves, and there is nothing that allows the 
board to work on a  different level, or degree of knowledge of what is going 
on. 
Article VII Section 2 makes it clear what the procedure is to  bring charges, 
and what the President and Board must do about them. No matter  how often or 
carefully you read them, you will not find anywhere that the  business of our 
club is secret or to be kept from the membership. That is not  included 
because our by-laws are copied from the AKC sample by-laws, and even  the AKC 
recognise New York corporate law, and IRS regulations that a 501  Corporation 
must 
allow the members to be included in all club business. What may  be instructive 
is when it states, '"The Board of Directors may also recommend to  the 
membership...." That seems to make it clear, that the membership has the  right 
to 
know what is going on.A few years back, when I was on the board, a  member sued 
this club. Not only was the information kept secret from the  members, but 
because I was and remain a friend of the person suing, it was kept  from me, 
even though I was an elected board member. As such, I was unable to  advise the 
board, or be involved in the club's decisions on that issue. That was  wrong, 
and even today, this club and the members have no idea what the  conclusion of 
that litigation was. This should not have happened, and the  continued 
decisions to exclude the membership should not be encouraged. I did  not fight 
the 
decision at the time, as it would have been divisive to the club,  and my duty 
as a board member was to act in the best interest of the club, the  members and 
the breed.I have faith in this board, and our new leadership. The  changes 
will not come overnight, but we have a duty to continue to exert our  opinions 
and point out that the past has been wrong, and the future should bring  
corrections. It is not going to be easy to change what has been going on for  
years 
now, but our new board has the quality of membership and the strength of  
leadership to do it.
For years,  our country didn't allow blacks to learn to read, women to vote 
or drive, or  limit the work imposed on children. We allowed separate but equal 
schools,  allowed American citizens to be owned by other people, allowed 
workers to work  unlimited hours, and forced our citizens to go to war, no 
matter 
what they  believed in their faith. That was all changed with courage, 
perseverance, hard  work and energy, and except for allowing women to drive, 
has all 
strengthened  our great nation.  
The GSDCA sits today  on the chance to change for the better many of the past 
actions that damaged our  club. Never have I seen a better group of elected 
board members or a better  President to do so. Let's give them the chance, 
remind them of their duties and  obligations, and continue to support them in 
the 
difficult task  ahead. They enter the year with great challenges, and past 
mistakes. They are up  to the task, and we could not have chosen better 
individuals to do so. I am very  optimistic about this club, and support our 
board in 
every way I can.   

Evan  Ginsburg 


Vivian Brown
Santa Ana  CA



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