Marjorie/snarek/Hamilton and others;
Many members here have through my fairly busy PM box, posed the following questions to me in relation to the "numbers of vacancies that they can vote" to which I can not, nor would not even attempt to reply, can you please help me/them.
It is a conundrum:
A summary of their concerns is;
They are not convinced that the Board have the powers in the Articles to "decide" the number of vacancies for
any Election or apropos, the authority to "direct" them on the ballot paper to vote on
any number other than that described in the Articles. The power to decide the Board numbers
after the election is conceded.
They are advised that what has been described as "precedent" (in numbers) does not have any 'definition' in the Articles, nor can any number of Boards previous, reach into the future, without the explicit and continuing approval of the membership.
They have proposed several questions;
1. If they tick
11 boxes in accordance, with what they are advised is their "reasonably and properly held" understanding of the Articles of their Association, will that render their vote "informal", if so who decides this and on what authority.
2. What would happen in this event, if they successfully "challenge" what they would consider to be their disenfranchisement and arrogation of their rights under the Articles, by the Board or the members thereof responsible.
3. If ticking of 11 boxes is ultimately "allowed" in the case of those individuals who decide to exercise their "rights", then they would feel
equally uncomfortable with the disenfranchisement and arrogation of the rights under the Articles of those who "obeyed" what
they then believed to be a "legal" instruction.
4. Of course the corollary; is the "direction" to only vote for 9 actually legal in itself? If this is found to be not so, then a fresh election at some expense must be held.
In the meantime the real business of AOPA is on hold.
4. Before they take such action and having regard for the possible consequences thereafter, would it not be simpler and wiser for the Board and the safest course for AOPA, to now advise all of the membership, by whatever means is required, that they have the option to vote for up to 11 seats.
5. Their advice is, that as there can not be any "downside or disadvantage to the membership as a whole" demonstrated by this action, as the Newly elected Board may
then if they have the "numbers" decide how they wish to constitute their number by voting in the appropriate manner, then they would most likely succeed in an action.
They offer that it would be a brave, if not irresponsible President and Board, who ignored this issue, which has such a simple and harmless resolution, yet contains the potential for great harm if this simple "fix" is not executed..
They sound really serious to me.
What do I tell em.???
Other than for the time being and until they recieve instructions otherwise they should only vote for 9???
But then we come back to the questions they have asked?
I'm getting a headache now.
snarek
At least this time you can vote, that makes a change.
Isn't it great.
Is this what they call an embarrasment of riches
monkeyfly
With the greatest of respect a "vigourous" debate is
exactly what this organisation needs. It is because this was not previously possible, or necessary, to get elected that has brought us to this place in time.
The smile on the face is never to be forgotten.
is why I bother,... a lot.