CFC Needs to Take A Position - Ontario Election of CFC Governors

[Bob Armstrong]

I have previously posted on the unconstitutionality of the Ontario process for CFC member election of CFC Governors. I believe the CFC should make known its position on this to the OCA and the GTCL I have therefore today written to the CFC President, David Lavin, as follows:

February 2, 2009

Hi David:

I will summarize, because the issue deals with the rights of CFC members in Ontario and the GTCL:

1. The OCA Bylaws breach the rights of CFC members and the CFC Handbook. They say :

a. that a CFC member can only vote for a provincial CFC member in their region – the CFC Handbook currently states that a CFC member has the right to elect ALL CFC Governors from that province – I have brought two amendments to the CFC Handbook to your attention and that of all the Governors last December that will make the regionalization of Ontario constitutional – they are still to be dealt with by the CFC, but I have delayed pursuing them while the CFC has pursued more urgent recent priorities;

b. that the CFC member in each region can only “ nominate “ the CFC Governor, not “ elect “ the CFC Governor – the OCA Bylaws state, in breach of the CFC Handbook, that the OCA Governors “ elect “ the CFC Governors – I have brought amendments before the OCA to amend this unconstitutionality, and they will be dealt with at the OCA AGM this Spring.

2. The GTCL Executive MAY be in breach of the CFC Handbook – some members hold that the CFC members in the GTA do not have an absolute right to “ elect “ their CFC Governors. Some hold that the GTCL Executive, at the AGM, could prohibit a CFC member from voting for their CFC Governors, if the Executive thought there was a good reason. I have asked GTCL President, Michael Barron, for confirmation whether this “ screening of CFC member voters “ is a majority position of the GTCL Executive, or a minority view. I will advise you as soon as I find out.

I believe you, as CFC President, have an obligation to make sure CFC member rights are being respected by all parts of the CFC organization and affiliates.

I would ask that you immediately make clear to the OCA and the GTCL that CFC member rights must be respected on this issue, and request that they make the necessary amendments, such that CFC members can “ elect “ their regional CFC Governors, without any type of interference.

Thank you.

Bob

This is important to all CFC members, not just those in Ontario. If the right of a CFC member can be breached anywhere, then the rights of all CFC members are at risk. Please contact your local Governors, and ask them to urge President David Lavin to take a strong position on this with the OCA and the GTCL in favour of CFC member rights.

Bob

[Bob Armstrong]

An OCA Executive Recommendation?

I have today written to the OCA President, Chris Mallon, to ask that the Executive take proper steps with respect to the issue of Ontario CFC member election of CFC Governors:

Hi Chris:

As you are aware, I filed a proposal for amendments to the OCA Bylaws that would allow the CFC members to “ elect “ their regional CFC Governors. I had initially thought that perhaps the OCA Executive could handle this matter. You apparently decided that this was not a matter that could just be handled by the Executive, and that it was an important issue the OCA Governors had to decide – so you referred the matter to the OCA AGM this Spring. You are probably right on this, since the issue is a major one of CFC member rights, and the powers of the OCA Governors.

However, what I do believe is within the scope of the OCA Executive, is for it to develop a recommendation on the Bylaw amendments for the Governors, to give them some guidance when they deal with the matter at the AGM. I would ask that the OCA Executive take this step of developing a recommendation, and that that recommendation suggest acceptance of the proposed “ Armstrong amendments “ or similar ones that accomplish the purpose.

Finally, I would ask that the OCA Executive then publicly make known its recommendation, so that Ontario CFC members will know that the Executive at least, recognizes the CFC members absolute right to “ elect “ their regional CFC Governors. They could then contact their OCA Governors, and let them know that they, as ordinary members, want the Governors to follow the Executive recommendation.

Thank you, and I await your reply.

Bob

I will post Chris' reply when it is received. I do hope the Executive will do the right thing, and move to protect the rights of CFC members in Ontario.

Bob

[Larry Bevand]

Re: An OCA Executive Recommendation?

Hi Bob,

One of the problems (from my perspective) is that the folks in Ontario have always considered the CFC to be ONTARIO...and vise versa.

When Barry Thorvadson came along at the OCA, I thought we would have some new blood that would be a positive influence...call me naive...but that was a sad experience.

A good OCA would be a strong OCA...an OCA that stands up for Ontario in the same way that the FQE does not depend on anyone else to do what they have to do. This is what I thought Barry wanted...I was wrong. I endorsed his Trillium requests...I was listed as a reference and...when they called me... I said to the Trillium folks...as long as Barry was with the OCA I am sure they would do a good job...unfortuantely I was terribly wrong. Trillium, based on my recommendations and that of others, wasted again in my opinion) most of the money that they gave the OCA (it was a substantial amount...over $100,000).

Trillium convenienetley washed this down the river and noted it it their books as a mistake.

The OCA, to the best of my knowledge simply moved on. Perhaps Chris can give us more info on this.


Larry

[Christopher Mallon]

Re: An OCA Executive Recommendation?

Moving on yes, but we want to learn from the past mistakes.

There is a small committee of OCA Governors looking at the Trillium issue as well as the 2006 Closed issue and they may or may not have recommendations for the future when they submit their report. That's supposed to be in next month sometime, I believe.

While Ontario does have the lion's share of votes at the CFC level, it's rare for them to all "speak with one voice"... not sure if they ever used to of course.

[Bob Armstrong]

Will the OCA Executive Recommendation Be Made Public?

I am pleased to report that Chris has responded promptly and advises that the OCA Executive will be developing a recommendation for the OCA Governors at the OCA AGM. Here is his response:

Hi Bob,

I deferred it to the AGM not because I think it's really important or that it deserves special consideration over any other motion, but because it's constitutional and the Executive can't simply modify the constitution at will. That would be a bad precedent to set.

Of course the exec will have a recommendation. We're very opinionated people after all! That of course assumes that we will all agree.

Thanks

Chris

However, Chris did not answer a key part of my inquiry, so I have written and asked:

" Will you expedite the concluding of a recommendation and will you then make it public? "

Again, when Chris replies, I will let all the members know what he expects the OCA Executive to do.

Bob

[Bob Armstrong]

Some Hope for Early & Public OCA Executive Recommendation Be Made Public?

Again Chris has kindly replied quite promptly as follows:

" No promises on either, but I don't see a big problem with #2 [ making the OCA Executive Recommendation public once arrived at ]. #1 [ the expediting of the concluding of an OCA Executive Recommendation for the OCA Governors ] will all depend on the discussion. "

We will hope for an early announcement from Chris in the near future on the recommendation the OCA executive arrives at. It will involve the changing of the " election " of Ontario CFC Governors, from the current system, where the OCA Governors " elect ", to a system where the CFC members " elect " ( as called for by the CFC Handbook ). I expect the Executive to recommend adoption of the " Armstrong OCA Bylaws amendments ( already submitted to the OCA Governors ) " which accomplish this ( or similarly worded amendments ).

Bob

[Bob Armstrong]

Re: CFC Needs to Take A Position - Ontario Election of CFC Governors

Quote:
Originally Posted by Bob Armstrong

February 2, 2009

Hi David:

I will summarize, because the issue deals with the rights of CFC members in Ontario .........:

1. The OCA Bylaws breach the rights of CFC members and the CFC Handbook. They say :

a. that a CFC member can only vote for a provincial CFC member in their region – the CFC Handbook currently states that a CFC member has the right to elect ALL CFC Governors from that province – I have brought two amendments to the CFC Handbook to your attention and that of all the Governors last December that will make the regionalization of Ontario constitutional – they are still to be dealt with by the CFC, but I have delayed pursuing them while the CFC has pursued more urgent recent priorities;

b. that the CFC member in each region can only “ nominate “ the CFC Governor, not “ elect “ the CFC Governor – the OCA Bylaws state, in breach of the CFC Handbook, that the OCA Governors “ elect “ the CFC Governors – I have brought amendments before the OCA to amend this unconstitutionality, and they will be dealt with at the OCA AGM this Spring.

2. ......

I believe you, as CFC President, have an obligation to make sure CFC member rights are being respected by all parts of the CFC organization and affiliates.

I would ask that you immediately make clear to the OCA ......that CFC member rights must be respected on this issue, and request that they make the necessary amendments, such that CFC members can “ elect “ their regional CFC Governors, without any type of interference.

Thank you.

Bob


Initially, because of my concern about the unconstitutionality of the Ontario system for electing CFC Governors, I wrote David Lavin, CFC President, the letter quoted above.

Subsequently, Chris Mallon, OCA President, confirmed that he was going to have the OCA Executive start deliberations on my proposed amendments to the OCA Bylaws, that would change it from the OCA Governors electing the Ontario CFC Governors, to the Ontario CFC members electing the CFC Governors. My amendments are to be debated at the upcoming OCA AGM this Spring, and the OCA Executive is trying to come up with a recommendation on them for the guidance of the OCA Governors at the AGM.

So I therefore renewed my request to David with the following follow-up letter, since I had received no reply to my initial letter:

Feb. 4, 2009

Hi David:

I have now gotten Chris, as OCA President, to do 2 things:

1. to start OCA Executive deliberations on my proposal to amend the OCA Bylaws with a view to arriving at an Executive recommendation for the OCA Governors at the upcoming OCA AGM, to allow CFC members to “ elect “ the CFC Governors ( not the OCA Governors as is now done ), and to expedite these deliberations if at all possible; and

2. to make public the OCA Executive recommendation once it is arrived at.

It would be most helpful to the OCA Executive, if the CFC were to make clear its position on this proposed amendment, to assist them in their deliberations.

To this end, I would respectfully request that you , as CFC President, immediately ( since they will be deliberating imminently ) write to Chris, as OCA President, to advise:

“ The CFC grants to its CFC members the right to elect the CFC Governors under the CFC Handbook. The CFC would request that the OCA amend its current OCA Bylaws, such that the CFC members in Ontario elect the CFC Governors, not the OCA Governors, as is currently the case. I trust this opinion will be helpful to the upcoming deliberations of the OCA Executive on this point . “

I would finally ask that you then make public your letter to Chris, by posting it on the CFC Chess Forum. This would make clear to all CFC members that the CFC takes steps , when necessary, to protect the rights of all CFC members.

Could you let me know whether this suggestion meets with your approval?

Thanks.

Bob

I truly hope that David will make a public statement on this issue on behalf of the CFC, to help guide the OCA Executive deliberations. It is a most important matter to CFC members living in Ontario.

I will advise as soon as I have an answer from David .

Bob