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Special Meeting - June 21 - Regarding Petition - Updated

6/12/2014

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UPDATE: 

Please note the following change with regard to voting.
 
Voting:
 
Any member who has paid DUES (voting member) during the 2013 or 2014 season is eligible to vote at the Special Meeting on June 21st.
Any voting member (paid dues) can vote even if they were not at the August 2013 meeting.
Any member of the Waterford Association is eligible to participate in the discussion.
 
As in the past, there will be a sign in sheet as you enter the firehouse meeting hall. Your name will be verified as a member. Voting members will be given a ballot. 
Members who are not eligible to vote (did not pay dues during the 2013 or the 2014 season) will not be given a ballot; can not vote. 
 
Please be patient, sign in and verifying names takes time. You should plan for an 8:30 arrival.




A Special Meeting will be held at the Goshen Firehouse 
on Saturday, June 21, 2014 at 9:00 a.m.  

The meeting is regarding a petition that was handed 
to the Bylaws Committee Chairman in September 2013.

June 12, 2014 

Dear Pleasure Beach,

On August 17, 2013, the revised bylaws were passed by a supermajority of voting members present. According to our current operational bylaws, Article XII, Section I, to negate the affirmative vote held in August, objection must be received by 30 members within 30 days of the mailing of the new revised bylaws.  A petition with 31 signatures was received by the Chairman of the Bylaws committee, Dave Cavasino, within the 30 day deadline. If this petition is deemed valid, it would negate the passing of the revised bylaws.

Of the names on the petition, one name was disallowed because the individual was not a voting member of the Waterford Association.  Of the 30 names that remained, 3 members who signed the petition wrote letters to the Bylaws committee requesting that their name be removed from the petition.  Having only 28 names on the petition presents a dilemma to the bylaws committee.  The Board would like your input as to how to proceed.  In order to allow both the nays and yeas to give their voice to the decision, we are holding a special meeting on Saturday June 21st at 9:00 am at the Goshen firehouse.

The following are statements and rebuttals discussed by the Board of Directors who understand and appreciate the conflicting points of view:

Statements

Three members wrote requesting that their names be removed from the petition. Removing one’s name/vote from the petition is allowed.











The petition is invalid because the objections must be written in letter form.





At a previous vote held the prior year, objections were received in writing, letter form, thus making a precedent for method of objection.



The original spirit of Article XII Section I (Method of Amendment), drafted in another era, was to allow members who were not present at a meeting, to have a say in decision making.  Meetings were often poorly attended.  There was no internet, no cell phones; communications occurred by written letter.  Thirty days was a reasonable amount of time for written correspondence to be received and returned. 

 

When the membership voted at the August meeting the yea vote was a supermajority (exceeded more than the required 2/3rds) and thus overrides any nay vote.  The vote should be honored under any circumstance.

Rebuttals

The members signed the petition (ie. voted).  It is a universal principle that once you have voted, you cannot rescind your vote. 

If the withdrawal of one’s name from the petition is allowed, then all members who voted, yea or nay, at any time that a vote was taken, should be allowed to change their vote.

In so doing, we should allow the yea voters to rescind their votes if they so choose.




The current operational bylaws, Article XII, Section I, do not state the means by which an objection is made only that it must be made within the 30 days.



Past precedent is set by a pattern of behavior and not one incident.





There are unintended consequences to Article XII of the current operational bylaws, but the article should be honored.

 








Article XII Section I allows for the method of objecting, but does not make concessions for a supermajority.


Your presence and voice are important.  We anticipate resolution of this issue at the meeting. Please be cognizant that this special meeting is to determine the validity of the petition presented to the chairman of the Bylaws committee. The revised Bylaws will not be discussed as they passed by more than the required vote at the August 2013 meeting.

Rules of decorum.
  • The meeting will be facilitated by the President.
  • Every member who wishes to speak will be heard.
  • Only members of the Waterford Association, Inc will be given the opportunity to speak. 
  • Three minutes will be allowed for each participant.
  • One member to speak at a time. 
  • Discourse will be thoughtful, and respectful.
  • Each member will be asked to step forward, identify themselves and address the membership.
  • If one is to be heard they must speak in person. There will be no letters read.  No individual may speak on behalf of another.
  • Robert's Rules will be followed.
  • Voting members must be present to vote.
  • Members eligible to vote will be verified by the Membership roster. 
  • Voting will be by paper ballot.

A simple majority of voting members present will determine the final result.

Signed, 
Pamela B. Gourlie
President
Waterford Association, Inc.
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