[Ofsrdc] Procedural Issues

Tim Roberts timr at probo.com
Sun Feb 18 21:31:00 PST 2007


Based on my mailbox, there is some confusion about the situation with 
Federation leadership, in light of the president's resignation and the
aftermath of the Marsh/Bosch "point of order" in January.  I'm not 
surprised there is confusion.  I will attempt to clarify things.

A point of order is an objection to a particular decision or piece of
business.  I will ignore for the moment the fact that no business had yet 
taken place at the time it was presented, and it thus should rightfully 
have been declared out of order.

A point of order does not establish policy, and certainly cannot alter
the by-laws.  It addresses a single item at a single point in time.
The procedure for amending the by-laws is quite clearly documented,
and has not yet begun.  There is no such thing as a "temporary by-law"
as mentioned in January.  Thus, our by-laws remain unchanged.

As a result, the situation we are in now is exactly the same as the 
situation we were in during January.  Per the by-laws, Marilyn Schmit is 
now performing the duties of the president, but the office of the 
president is vacant.  At the May meeting, Marilyn (in performing the
duties of the president) will have the responsibility to appoint a new
president to serve the rest of the 2006-2007 year, chairing the last two 
and a half meetings.

The decision of exactly who to appoint is entirely up to Marilyn.  She 
could appoint herself, of course, and since there would only be 4 months 
left in the term, I assume that such a choice would be less controversial. 

If there are disagreements with my reading of the by-laws, I would hope 
that we could debate it like adults, negotiating out in the open, so that
we are all prepared and in agreement before the May 20 meeting and avoid 
a repeat of the embarrassing and humiliating start of the January meeting.
--
Tim Roberts, timr at probo.com
Providenza & Boekelheide, Inc.


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