[ SHOWGSD-L ] Re: let me be perfectly clear....
- From: f.fasano@xxxxxxx
- To: pmick12@xxxxxxxxxxx, Showgsd-l <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 17 Sep 2007 19:49:36 +0000
Peggy as a lawyer I would never suggest violating a statute- most statutes
require Bylaws to be consistant- our Bylaws are silent on removal of a
director- so you look to Roberts- it provides guidence but Roberts indicates
the Board can sanction temporarily remove or permanently remove but on to act
to the extent necessary to protect the club- but according to our Bylaws you
cannot permanently remove a member only the membership can do so and you cannot
not by the NY statute-therefore the Board acted within all the perameters by
suspension for the remaining term- -Kris
-------------- Original message from Peggy <pmick12@xxxxxxxxxxx>:
--------------
> Since my question was not clear (apparently, judging by the responses) I
> will try again.
> It is understood that a club's By-Laws and other governing rules (such
> as the GSDCA's Policies and Procedures) may not disagree with the
> law, which is, in this case, the law of the State of New York, and if a
> situation arises that is NOT addressed in the By-Laws or in the
> P&P, the NEXT reference is Roberts' Rules of Order--(BEFORE resorting to
> the State law. The current RRO is the 10th edition...which clearly
> addresses removal of a member or director, as I previously cited on the
> list some weeks ago. At that time, a certain Board Member stated (also
> on the list) that
> according to the Parliamentarian's advice (and no, I don't know which
> Parliamentarian, as apparently there have been at least three) Margy was
> dismissed.
>
> I have asked on the list (as has at least one Board Member) for that
> Parliamentarian's citation of RRONR about how the Board could
> take such action against Margy, since my citation appears to me to be
> the only place the subject is addressed, and that is not the
> procedure that was followed. No such citation has been forthcoming.
>
> Anyway...if we don't follow the By-Laws, the P&P, OR Roberts' Rules,
> it seems that the LAW doesn't have to be consulted, (although it
> WILL provide grounds for a lawsuit, I do believe) because the procedure
> is ALREADY wrong, long before the State law has to be referred to.
>
> Is that more clear? Do all the interested parties follow my train of
> thought now?
>
> It's like making a cake...you can't do it without breaking an
> egg...and if you don't have eggs, you can't make the cake, no matter how
> much flour and sugar you use, or how hot the oven is...you're beaten
> before you start. Well, technically I guess you could make something
> that would RESEMBLE a cake...but it would taste like crap and you'd have
> the whole mess left over...sort of like the mess we are in now, as
> a club.
>
> Peggy
>
>
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POST is Copyrighted 2007. All material remains the property of the original
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind
are permitted without prior permission of the original author AND of the
Showgsd-l Management. ALL RIGHTS RESERVED.
ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE
PROSECUTED.
For assistance, please contact the List Management at admin@xxxxxxxxxxxx
VISIT OUR WEBSITE - www.showgsd.org
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