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Re: New constitution - Jim Webster - 07-07-2015
Amendments Motions for SGM
Unfortunately Andy Howie has been delayed by work, and is in a sensitive area where there is no internet or email access (or extremely limited).
The motions will shortly appear on the CS SGM Notice with a link to the motions. However I will also post them here in this thread.
Taking into consideration it has been decided to extend the deadline for Proxy Votes until Wednesday at 8:00pm (ie tomorrow night).
Now for the personal opinion bit-
I'm sure some "constitution lawyers" are going to have a field day and try and use this as an attempt to bring the whole thing down as unconstitutional but surely extenuating circumstances in best interests of the membership can prevail.
At the end of the day this is far better than posting amendments with no time for consideration. You, the thread can respond to this - I won't be as it is not a direct CWP issue.
Re: New constitution - robin moore - 07-07-2015
That seems like good old common sense to me.
Re: New constitution - Jim Webster - 07-07-2015
Proposal 1
I, Derek Howie, propose the following changes to the proposed constitution, which are seconded by Linda McCusker:
1. 2.1 – change spelling to “organise.”
2. 2.1 – change to “...promote the game of chess at local and national level in Scotland...”
3. Delete 5.3 (iii). If people have been accepted as members then they should be able to vote, no matter when they joined.
4. 5.5 (iii) – change to “... notified to the Executive Operations Director at least 7 days...”
5. Delete 7.2.2 and have all 5 directors detailed in that section included as part of the Executive Committee as detailed in 7.1.1 and 8.1.1, and delete their respective posts from 9.1.2
6. Delete the post of Executive Chess Director. The post should not needed. Adjust the wording in 20.2 to “...and report to the relevant Director.” Delete the first sentence in 10.6.
8. 8.2.4 – delete “who are not COUNCIL members”. Why should Council members be excluded?
7. Delete 8.2.6.1 as it should not require a majority of all members. No other area of the constitution has this stipulation and there is no minimum number of members of the Executive Committee required to reach a decision so there must be a level of accountability that is not made unreasonable.
9. 9.1.3 – this should be detailed and not left open. In the absence of any better suggestion I propose that it be altered to reflect those detailed in 8.1 of the current constitution.
11. 12.1 – change to “which shall not be later than the last day in August.” The proposed wording would not work as realistically the AGM would get earlier and earlier each year. If it was held on 27th August one year it could never be held on 28th August as that would be more than one year.
10. 12.3.1 –change to “To receive the Annual Report of Chess Scotland, incorporating a Statement of Account for the previous financial year to 30th April, certified by an independent assessor as appointed by Council.” There should not be reference to operating procedures which have not been written and which members have no idea how they get voted on. There is no reason to change the financial year.
12. Delete 12.3.4 – how realistic is it that it will be known who the independent assessor will be in the following year? If the assessor resigns then it would need a General Meeting to appoint another one. It would be better to delegate the power of appointment to Council as suggested in point 10 above.
13. 14.2 – delete second sentence
14. 14.3 – delete “Following approval at the appropriate General, COUNCIL, or Board meeting”. The minutes cannot be approved at a meeting and then published within a month of the meeting.
15. 15.1 – Insert “Members of the Standards Committee should not be officials of Chess Scotland”.
16. 16.2.1 – replace with current eligibility criteria:
• Was the player born in Scotland?
• Were either or both of the player’s parents born in Scotland?
• If the player is 18 or more years old, has he/she been permanently resident in Scotland for at least two years (if a junior, that is under 18, the equivalent time is one year)?
• Has the player been previously accepted as qualifying for Scottish representation?
Proposal 2
I Robin Moore seconded by Aiden Clarke propose the following motion:
As Aiden Clarke's (PNUM 26014) father and legal guardian, I understand that under the current CS constitution (5.5) that I can exercise a proxy vote on Aiden's behalf to second Robin Moore's amendment on Junior voting that reads as follows.
"That Section 5.3.(i) is deleted ( i.e. Members who have not yet reached the age of 16 (i.e. the age of legal capacity in Scotland)). This would allow under-16s the vote at General Meetings"
and....
"In Section 6.3.1. that the words after .... privileges, the remainder of the sentence is deleted (i.e. except that only those age of 16 or over are allowed to vote at General Meetings (as detailed in Section 5) '
Proposal 3
Amendment to Section 16 (eligibility)
Proposer: W Buchanan
Seconder: I C Robertson
16.Eligibility
16.1. To be eligible to compete for any Scottish individual national championship title (including open to all, gender or age-related championship tournaments) a person must be a member of Chess Scotland, be currently registered as Scottish (‘SCO’) with the World Chess Federation (‘FIDE’) and meet at least one of the following two requirements:
16.1.1. born in Scotland, or have at least one parent born in Scotland, or
16.1.2. permanently resident in Scotland for at least two years immediately prior to the commencement of the competition.
In the case of Juniors aged 18 and under, the residence qualification period as at 16.1.2 above shall be reduced to one year immediately prior to the commencement of the competition.
16.2. To be eligible to represent Scotland in any international competition, a person must fulfil the eligibility requirements in section 16.1, and be able to satisfy any other criteria (including age and rating limits) set by the organisers of the tournament concerned.
Selection of individuals and/or teams who will represent Scotland in international competition is the sole responsibility of the appropriate board of selectors. Qualification according to the above criteria is no guarantee of being considered for selection.
16.3. For national or international inter-club competitions, any member of a qualifying club is eligible to play regardless of nationality, parentage, residence or registration
Re: New constitution - Derek Howie - 07-07-2015
Jim Webster Wrote:Taking into consideration it has been decided to extend the deadline for Proxy Votes until Wednesday at 8:00pm (ie tomorrow night).
That's still very little time for people to consider the issues and get their proxies in. Why not extend it to, say, Sunday? It can't be too difficult to count up the relevant proxies in time for the SGM?
Re: New constitution - Jim Webster - 07-07-2015
Derek
I'm just the postman, I don't know what Andy Howie's commitments are like. He is not back home until sometime Thursday I believe.
There is a small matter of the Scottish Championship mind you.
Re: New constitution - WBuchanan - 07-07-2015
Derek's proposal is detailed, and lengthy. I'm sure it's well thought out.
One question for the management - what if most sections of Derek's proposal find favour but one part doesn't. Is it all or nothing? In this situation, it would be a pity to lose the good/sound parts.
Also - does anyone know where the existing CS constitution can be found?
Re: New constitution - JMcNicoll - 07-07-2015
On the browse the site bit go to main menu, click CS info, link to constitution is at top.
Re: New constitution - WBuchanan - 07-07-2015
Thanks!
Re: New constitution - robin moore - 07-07-2015
To follow up on a point Walter has made a couple of posts previously can we have some guidance please on what would happen if any one part of the three proposed amendments were rejected by CS members at the SGM?
I assume it's all or nothing on each of the three amendments?
Re: New constitution - WBuchanan - 07-07-2015
robin moore Wrote:To follow up on a point Walter has made a couple of posts previously can we have some guidance please on what would happen if any one part of the three proposed amendments were rejected by CS members at the SGM?
I assume it's all or nothing on each of the three amendments?
From the existing constituition (<!-- m --><a class="postlink" href="http://chessscotland.com/csinfo/csconstit.htm">http://chessscotland.com/csinfo/csconstit.htm</a><!-- m -->)
14.4 Any motion at a Special General Meeting shall be carried if and only if two thirds or more of those voting assent thereto. Only those motions detailed in the relevant requisition, or amendments thereto, shall be discussed and voted upon at the SGM.
(the 'requisition' I think meaning the formal request for the meeting).
'amendments thereto' meaning...amendments to the proposed constitution
Doesn't seem to bind the meeting as long as the discussion is about the requisited motions or amendments!?
(OK I admit to a vested interest, as my own submission may need a tweak :-$ )