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    [RC] Protest - Bob Morris


    John:
    
    I believe the AERC BoD established a precedent in the past
    when they instructed the AERC Executive Director to file a
    protest. This action, in and of its self, established the
    action I suggest.
    
    Now, we have an established alleged violation of the rules,
    rather more than alleged since the violations were acceded
    to, perpetrated against the Conference. The Conference,
    represented by the BoD not any singular person, is the
    complainant, the injured party.
    
    If this alleged violation affected an individual, I would
    agree with you. The alleged violation does not affect an
    individual but the membership as whole. The membership as a
    whole is represented by the Board. Thus it is the duty of
    the Board to protect the interests and image of the
    Conference. This responsibility does not reside with one
    individual.
    
    Conversely, if there is insistence on an individual filing a
    protest, then that individual should be the President of the
    AERC filing on behalf of the membership in order to protect
    the integrity of their (the membership) Conference.
    
    Bob
    Bob Morris
    Morris Endurance Enterprises
    Boise, ID
    
    -----Original Message-----
    From: John A. Teeter [mailto:johnt@xxxxxxxxxxxxx]
    Sent: Friday, July 12, 2002 10:53 AM
    To: Bob Morris
    Cc: ridecamp@xxxxxxxxxxxxx
    Subject: RE: [RC] Starts
    
    
    Yikes!! a disagreement:)
    
    I don't think the AERC Board is necessarily required to take
    any action with respect to the situation. It would be
    difficult to find a place in the bylaws or rules that
    specify that the Board will act in the manner you describe
    in the situation at hand.
    
    Additionally, there is no way for a member to force the
    board to take any particular action. I also don't think that
    the BoD acting as a unit, has any particular need to
    initiate a special P&G gathering of facts for the purpose of
    proceeding with whaterver acts the P&G think are
    appropriate.
    
    The way one would initiate the P&G action you describe is
    for a member (any member in good standing, including those
    pesky day members I think) to, within the structure and
    procedures described in Rule 15, file a protest. At that
    point, all that you describe would happen.
    
    I don't see the direct need for the BoD to go around
    existing protest procedures.
    
    I also don't think the broad claim that members of the AERC
    Board of Directors,  by failing to do as you describe, are
    showing distain for the AERC Bylaws, Rules, and Regulations.
    
    Rather, if they were to followed your suggestion to initiate
    some action with P&G directly,  NOT allowing the normal
    protest procedures to be used, they would be showing a lack
    of confidence in the very organizational structures you
    mention.
    
    johnt:)
    
    
    
    
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