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Agenda for CFC voting member meeting Fall 2016 November 20 to 27
Vlad also said "Technically the handbook has been rendered obsolete". How do we use something that is obsolete as our policies?
Hi Michael:
It is a big job I think. As I understand it, the CFC Handbook still has in it many wise rules beneficial to CFC. But it has no legal standing since the change of CFC to a "Not for Profit" Corporation. So what has to be done, as far as I can tell, is that someone very courageous (Insane?) must go through all of it, and pull out all the good rules and discard all the bad/illegal rules. Then the culled part must be formatted into some legal framework that the VM's can then deal with, and pass a motion making it all currently legal and binding on CFC.
At the present, CFC has holes legally re many situations of controversy, because it now has no applicable rules, since the Handbook became non-legal. And so issues are popping up that are contentious, from time to time, and there are no policies in place, so the issue is messy and has to then be sorted out from the start at ground zero.
Maybe the exec can comment on whether this is in fact the job waiting to be done. Or do I overstate the case?
Bob A (Former Voting Member/CFC Public Relations Coordinator - Non-executive office)
Re: Agenda for CFC voting member meeting Fall 2016 November 20 to 27
Thank you so much, Bob. I am sort of getting it, probably being naive here. Excuse me if I am not making sense in commenting on the issue.
What I get so far are:
1) In reality, cfc current do not have any legally binding bylaws to govern its operation. This, to me, seems like a really serious issue and need to be rectified asap.
2) The task of cleaning up the "obsolete" handbook to make it legal binding is so huge that no one dares to touch it.
My comment - will we be in a "better" situation if for the first step, the executives motion to have the "obsolete" handbook be legal binding. Then at least we have a "bad" legal handbook which still contains "many wise rules beneficial to CFC". The executives then proceed to discard/revise the bad/illegal rules, one section at a time? Am I crazy?
Am I getting it correctly that currently CFC has no bylaw, handbook or anything to govern its operation?
We have bylaws and articles that were passed at the time of the continuation under the new act. The bylaws and articles are concerned with corporate governance and are not concerned with the way we choose our Olympiad team or how we organize our tournaments.
We have bylaws and articles that were passed at the time of the continuation under the new act. The bylaws and articles are concerned with corporate governance and are not concerned with the way we choose our Olympiad team or how we organize our tournaments.
So what do we base on now in choosing our Olympiad team or how we organize our tournaments? Handbook? But it is obsolete.
Thank you so much, Bob. I am sort of getting it, probably being naive here. Excuse me if I am not making sense in commenting on the issue.
What I get so far are:
1) In reality, cfc current do not have any legally binding bylaws to govern its operation.
That is incorrect. We have a legally binding set of articles and bylaws which all deal with corporate governance.
This, to me, seems like a really serious issue and need to be rectified asap.
Agreed. Though it is not that serious as long as the directors continue to adhere to the policies in the handbook which I believe that all of the current executive are willing to do.
2) The task of cleaning up the "obsolete" handbook to make it legal binding is so huge that no one dares to touch it.
There is absolutely no hope of making the old handbook legally binding in any reasonable time frame because it contains much that is clearly against the NFP act. What we need to do is codify the parts that are still relevant and make them the policy of the CFC. We are on our way to doing that but it has been slow going. It is still a great deal of work.
My comment - will we be in a "better" situation if for the first step, the executives motion to have the "obsolete" handbook be legal binding.
No. We can't make that sow's ear into a silk purse and we are not allowed to do anything which contradicts the NFP act which we would be doing under your approach. There are measures in the handbook which are superseded by the current bylaws and articles. It makes more sense to take the portions of the handbook which have been modified and those that we want to keep and simply proclaim them as the current policy of the CFC which in effect we have done. I would hope that we will be able to do this soon.
People tend to get upset when I tell them the current situation or when I make statements about the duties of the directors but I have been saying it since we made it through the NFP continuation process. If I wasn't also an active chess organizer perhaps we would have dotted all the i's and crossed the t's by now but then again not being active would have led to other consequences.
I think we can largely gather all the information about the Olympiad team together which has been passed after the NFP act continuation and establish it as policy without any additional vote because it did pass muster with the voting members. Similarly we can pass the portion dealing with ratings and recent modifications to those rules gathered in one place.
Youth Chess, WYCC, CYCC probably needs an update or at least to gather all the rules together in one place. We should probably add in information about the U16 Olympiad which seems to be an increasingly important part of our youth program.
Then at least we have a "bad" legal handbook which still contains "many wise rules beneficial to CFC". The executives then proceed to discard/revise the bad/illegal rules, one section at a time? Am I crazy?
You are moving in a beneficial direction and this is a variation of what we will be doing and hopefully it won't take long once the handbook has been brought up to date.
Last edited by Vlad Drkulec; Tuesday, 6th December, 2016, 10:01 PM.
You are moving in a beneficial direction and this is a variation of what we will be doing and hopefully it won't take long once the handbook has been brought up to date.
Do we have on hand a clear list of tasks to bring the handbook up to date? That may be the first step to tackle the issue.
It is a big job I think. As I understand it, the CFC Handbook still has in it many wise rules beneficial to CFC. But it has no legal standing since the change of CFC to a "Not for Profit" Corporation.
We were already a not for profit corporation. The issue was that the government passed a law which required us to become compliant under the new act if we wished to continue to be a not for profit corporation. After much effort we did succeed in becoming compliant.
So what has to be done, as far as I can tell, is that someone very courageous (Insane?) must go through all of it, and pull out all the good rules and discard all the bad/illegal rules. Then the culled part must be formatted into some legal framework that the VM's can then deal with, and pass a motion making it all currently legal and binding on CFC.
It probably makes more sense to ascertain what we had previously passed and then combine this into several different chunks of subject matter which can be approved or perhaps approved with modifications.
At the present, CFC has holes legally re many situations of controversy, because it now has no applicable rules, since the Handbook became non-legal.
I don't believe that is correct. Every corporation has policies. Our policies to the extent that they don't contravene the NFP act are contained in the bylaws. Most of the areas where there are contraventions in the handbook have been superseded by the bylaws and articles of the corporation. There is no longer a provision for making the past president a director for example. We have a framework in place we just have to update it.
And so issues are popping up that are contentious, from time to time, and there are no policies in place, so the issue is messy and has to then be sorted out from the start at ground zero.
Maybe the exec can comment on whether this is in fact the job waiting to be done. Or do I overstate the case?
Bob A (Former Voting Member/CFC Public Relations Coordinator - Non-executive office)
I think we could pass large portions of the handbook dealing with things like CYCC, WYCC etc. with only some minor updates to reflect new realities such as the splitting of WYCC into two tournaments. We have to discard most of the corporate governance portions of the handbook since these clearly have been superseded by the new bylaws and articles.
Do we have on hand a clear list of tasks to bring the handbook up to date? That may be the first step to tackle the issue.
Peter McKillop has been working on this and has said that he continues to be committed to this task. He was not able to have this done for the just concluded meeting because life intrudes on intentions at times. Once we get the input from Peter we will be in a position to discard the portions that no longer apply.
Re: Agenda for CFC voting member meeting Fall 2016 November 20 to 27
I got the feeling that many of executives are willing to help to update the handbook in their areas of expertise. Paul has voiced to help on Rating and Chess Foundation. Victor is willing to update the parts concerning the Olympiad team. Once we have a clear list of tasks, hopefully other executives will jump in too. Does creating the tasks list requires a huge workload? I am not challenging any of the executives, but really looking into ways to get this done.
Re: Agenda for CFC voting member meeting Fall 2016 November 20 to 27
Perhaps it would help if someone would explain why exactly abiding by the government NFP regulations help the CFC in any way? Run your damn club however you wish.....and I'm going to continue to press this.
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