OCA Presidential Election

[Christopher Mallon]

Might as well get the chess conversations going :)

The OCA Presidential election will be next week at the AGM in Brampton. As far as I know, Barry intends to run again however there are serious unanswered questions remaining over how Trillium fund money was spent as well as missing money from the 2006 Canadian Closed.

The fact is Barry was asked to resign by his VP (and CFC President) Hal Bond and refused over the issues with Trillium, where Barry apparently hired himself with the money - contravening several regulations in the OCA Constitution not to mention being ethically reprehensible.

I made a post a few weeks ago that if nobody else stepped forward to challenge Barry, I would run for OCA President to make sure that people would at least have a choice. I've been asked by several people to make good on that promise.

Therefore, I will be standing for election as OCA President.

My platform is simple. Get the OCA working again, not trying to do too much, simply what it was originally made to do. I don't know about the other leagues but SWOCL has not received any of the membership money from the OCA since 2006; this is completely unacceptable.

What I would try to accomplish over the next year would be to get the finances running again from the CFC and to the leagues, and get the OCA official events running smoothly again (including finding a place for the Ontario Open in SWOCL perhaps sometime this summer or fall and getting the 2009 event planning underway).

Basically I'd like to see the OCA running as it did from mid-2003 to 2005.

I'm happy to answer any questions anyone has and I hope the OCA Governors will support me.

[Christopher Mallon]

A little bit about my experience for those who haven't been around as long. I was OCA Secretary from 2003-2004, and VP from 2004-2005. I was also CFC VP from 2004-2005 and President from 2005-late 2006. I also have experience at local levels with heavy involvement with the Brantford Chess Club, SWOCL and as an arbiter at several major events (including the 2004 Ontario Open which I also organized).

[John Coleman]

Good luck. One thing, it isn't clear to me who can run, and who can vote. Also, are remote votes allowed, or proxy votes, or must voters be physically present?

[Christopher Mallon]

Thanks.

Who can vote is the OCA Governors, which are appointed by the leagues. The League Presidents automatically are Governors. They may call themselves something different now when Barry changed the constitution.

So it's similar to the CFC system except there aren't the Governors at Large or Life Governors. And I just checked the constitution, they are called OCA Governors.

I don't know about remote votes, but proxy votes are allowed and I shall be trying to arrange for a number of these from those who cannot attend. Anyone who is a member in good standing of the OCA can run in the elections, which means almost any CFC member except for any who may have bought a Life Membership during the time the office was not collecting the OCA life memberships on top of them....

[Kerry Liles]

Thanks for stepping up Chris. The OCA has become a complete joke as far as I am concerned. The fiscal mismanagement has been a disgrace. Imagine the cheek of Barry to simply squander all that grant money and then refuse to resign when called on it!

I certainly support you and will make sure everyone I know understands the issues.

I understand the OCA is VERY far behind remitting funds to SWOCL (and perhaps other leagues in Ontario as well?) and that too has to be accounted for and fixed immediately.

Good luck.

[Christopher Mallon]

I just hope there isn't more damage we haven't heard about yet.

I'll be contacting all current Governors shortly and I'll CC some other people on the message as well. I've created a proxy form people can sign also which I will attach to this post and include in my email.

[Bob Armstrong]

Hi Chris:

Thanks for stepping forward to give the OCA Governors a choice. It should be an interesting meeting. Are you soliciting any other like-minded candidates for other Executive positions?

Bob

[Christopher Mallon]

Definitely will be...

[Christopher Mallon]

Re: OCA Presidential Election

Just in: Barry Thorvardson sent his report out along with the agenda for the AGM.

It seems there are several key constitutional changes being proposed. That's really nice considering there's less than 7 full days notice to the AGM. They also changed the location of the AGM to a church.

I've urged all OCA Governors to vote against the motions on the grounds that they have not been properly noticed or discussed.

[Christopher Mallon]

Re: OCA Presidential Election

Oh, his report also completely ignored any of the serious issues the OCA has encountered except trying to blame the CFC for the leagues not getting rebates.

[Roger Patterson]

Re: OCA Presidential Election

"Basically I'd like to see the OCA running as it did from mid-2003 to 2005."

as someone who was an OCA Director (as OCA governers were called then) in that period, I would say that was not much of a stretch goal. Admittedly, prior to that, the organization was defunct and accomplishing nothing. But even in that period you refer to, the OCA did not accomplish much and to give Barry credit, what it did accomplish (basically, several Canadian championships) was through his efforts. There was much talk of (re) establishing provincial championships which largely came to naught. There were sometimes difficulties getting the Ontario Open to be held (thinking of the one held in Kingston organized at the last minute by Frank Dixon to ensure it was held at all) The leagues had difficulties getting timely payments of their shares of provincial memberships, then as now.

A substantial amount of Barry's effort went towards reorganizing the OCA in order to be eligible for Trillium funding (good or bad, depending on your perspective).

As much as many people have been critical of Barry over the Trillium spending, he thought of it, he did the prep work, he did all of the leg work in getting it. None of that money was the OCAs to do with as it wished, it had to be spent as proposed to Trillium. Probably it didn't turn out as envisigned but that is something for Trillium to complain about. OCA members have not been hard done by this.

[Christopher Mallon]

Re: OCA Presidential Election

I was referring to the fact that Barry hired himself to do work with the Trillium money. Certainly the program itself worked out well, but HELLO conflict of interest not to mention breaking I think at least 3 OCA bylaws.

You also can't argue that the OCA has been keeping up their basic responsibilities. What's the point of all this (great) work if the leagues die off or separate? Do the basic stuff first and then worry about bigger stuff.

[Pierre Denommee]

Re : Re: OCA Presidential Election

I was referring to the fact that Barry hired himself to do work with the Trillium money.

Maybe he acted in legality. Directors have the right to enter into contract with the association they represent.

OBLIGATIONS AND DISQUALIFICATION OF DIRECTORS

321. A director is considered to be the mandatary of the legal person. He shall, in the performance of his duties, conform to the obligations imposed on him by law, the constituting act or the by-laws and he shall act within the limits of the powers conferred on him.

1991, c. 64, a. 321.

322. A director shall act with prudence and diligence.

He shall also act with honesty and loyalty in the interest of the legal person.

1991, c. 64, a. 322; 2002, c. 19, s. 15.

323. No director may mingle the property of the legal person with his own property nor may he use for his own profit or that of a third person any property of the legal person or any information he obtains by reason of his duties, unless he is authorized to do so by the members of the legal person.

1991, c. 64, a. 323.

324. A director shall avoid placing himself in any situation where his personal interest would be in conflict with his obligations as a director.

A director shall declare to the legal person any interest he has in an enterprise or association that may place him in a situation of conflict of interest and of any right he may set up against it, indicating their nature and value, where applicable. The declaration of interest is recorded in the minutes of the proceedings of the board of directors or the equivalent.

1991, c. 64, a. 324.

325. A director may, even in carrying on his duties, acquire, directly or indirectly, rights in the property under his administration or enter into contracts with the legal person.

The director shall immediately inform the legal person of any acquisition or contract described in the first paragraph, indicating the nature and value of the rights he is acquiring, and request that the fact be recorded in the minutes of proceedings of the board of directors or the equivalent. He shall abstain, except if required, from the discussion and voting on the question. This rule does not, however, apply to matters concerning the [B][remuneration or conditions of employment of the director/B]r.

1991, c. 64, a. 325.

326. Where the director of a legal person fails to give information correctly and immediately of an acquisition or a contract, the court, on the application of the legal person or a member, may, among other measures, annul the act or order the director to render account and to remit the profit or benefit realized to the legal person.

The action may be brought only within one year after knowledge is gained of the acquisition or contract.

1991, c. 64, a. 326.

327. Minors, persons of full age under tutorship or curatorship, bankrupts and persons prohibited by the court from holding such office are disqualified for office as directors.

However, minors and persons of full age under tutorship may be directors of associations constituted as legal persons that do not aim to make pecuniary profits and whose objects concern them.

1991, c. 64, a. 327.

328. The acts of a director or senior officer may not be annulled on the sole ground that he was disqualified or that his designation was irregular.

[John Brown]

Re: OCA Presidential Election

I don't see why I cannot run for OCA President.

The OCA needs a full overhaul. We not only did not get a fair shake of the Trillium money set aside for chess tournaments but Barry was not that honest on how the monies would be distributed. So a Sham iis still a sham.
We fell for it and Barry sucked the OCA out of the cash.

I'll run as a non vistiing palyer to the event.
John R. Brown

[Christopher Mallon]

Re: Re : Re: OCA Presidential Election

I don't understand the point you are trying to make Pierre.

Nobody ever said Barry could not be hired by the OCA. What the problem is is that he hired himself without the approval of any other directors.