[RC] New Bylaws & subsequent Amendment(s) - Randy H Eiland
I am very glad to see discussion on the new Bylaws - it is too bad this
did not happen sooner, but thats ok. A quick history of why the New
Bylaws are needed and what can and will happen as it relates to the Vote
and a subsequent correction by Amendment:
In 1999 Rich Maxwell, then Chair of the AERC Legal Committee, and a very
knowledgeable attorney and well respected endurance rider from the NE,
told the BOD that our current Bylaws are outdated, some sections are in
violation of California Corp Code, and some articles were obsolete. A
motion was made and passed at the 1999 BOD Midyear Meeting to rewrite and
update the AERC Bylaws. Since then, Rich Maxwell, Steve Rutter, Courtney
Hart, John Parke, other regular members, and every Director serving since
1999 has worked on - or discussed, debated, and eventually approved - the
New Bylaws as presented to you. The New Bylaws are not perfect but they
are excellent. The New Bylaws represent 3 1/2 years of very detailed
and focused work by volunteers whose valuable expertise far exceeds what
AERC could afford to pay for.
At the last minute two items seem to have risen to the top in the concern
category. I will give you my personal opinion and what I think will
happen: In order, the problem areas and the solution are: 1) Family
Membership, 2) voting rights of non US citizens....and 3) Amendments.
1) The Family Membership has been discussed by the BOD, but it was
pointed out that Family Membership is no guaranty of an economic savings.
The BOD determines and sets our dues structure, and in the last ten
years I have personally seen many motions to the BOD to raise Family Dues
to make them equal to single membership dues (for the adult family
members). The BOD has always voted against that proposed policy. There
is no reason to believe the BOD would now change their mind. The New
Bylaws actually allow a family group to be better and stronger by giving
each adult Family Member a vote - the Old Bylaws disenfranchised adult
family members after the first two. Having a large family (I have
personally had as many as 6 members), I understand the concern, but
Family Membership is only a name - not a guaranty. The concern boils
down to "economics" and economics is not guaranteed by the title, Family
Membership. The BOD recognizes that a large segment of our Membership is
made up of people who are living together as a family and fully intends
to continue the Dues Policy of giving a financial break to those of you
who reside as a Family. There is no planned change in the financial
status of what was the Family Membership.
2) Non Citizen voting rights. I think the current discussion on this
subject has been very good. I can't think of a good reason that a
"resident non citizen" should not have the same voting rights as other
AERC Members. There is a need (unless further debate proves otherwise)
to modify or amend this clause. There is not much else to discuss on
this subject.
3) AMENDMENT. If you recall, in 1998 the BOD agreed that LIMITED
DISTANCE should be changed to reflect any distance between "0 to 49
Miles". This proposal produced much emotional debate and there were very
strong feelings evoked by this Amendment. There was discussion and
debate, and the AERC Membership (all of us) voted on this Amendment,
with the majority passing "0 to 49 Miles". It was quickly pointed out,
in retrospect, this was not a good policy - followed by even more
emotional debate - and the BOD agreed to put a new Amendment to the
membership reversing "0 to 49" back to "25 to 35 miles". That new
Amendment vote had the largest voter turnout in the history of AERC and
the membership was almost unanimous in their vote to go back to "25 to
35". I firmly believe there will be an Amendment to modify one or more
sections of the New Bylaws, once they are passed. I see no reason we
can't or should not do so.
I will go on record stating I believe the BOD is receptive to Amending
those items that, as shown by the current discussion, need to be
modified, tweaked, or outright changed. Remember, your Directors are
here to represent YOUR BEST INTERESTS, not theirs, in the operation of
OUR AERC. If it is obvious that something in the New Bylaws needs to be
changed to better represent what the AERC Membership wants, the BOD is
going to make sure you have the opportunity to make that happen by
Amendment Vote. I urge you to vote YES on the New Bylaws because they
really are better for AERC than the Old Bylaws. If changes need to be
made, then lets do it by Amendment - that can be done quickly and more
cost effective than rejection of the New Bylaws over two items that can
be easily corrected.
Randy Eiland
SW Region Director
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