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    Re: [RC] New Bylaws & subsequent Amendment(s) - Truman Prevatt


    Randy,

    I have some questions and comments. Thank you for coming forward. I would like to preface this post by saying that I have yet to decide how I am going to vote, but I do have some serious concerns and some questions.

    It is good that someone from the board has addressed the issue. My question is "did or did not the BOD vote and pass the proposed by laws"? Of course they did. That being the case why is this (citizenship requirement) in there - what was the reason? I hope the board did not vote for something of which they did not fully understand the implications.

    The new bylaws state in article XIII that an amendment has to be placed before the membership for a vote. The quorum requirement under the new bylaws is 20% of the voting membership. The amendment needs either 2/3 vote of the BOD or a petition of 5% of the membership to be put before the members for a vote and 2/3 of the number of votes submitted by the members (assuming a quorum) to pass.

    Hence putting an amendment on the ballot will have to go to a vote before the members and the AERC would incur the cost to do this similar to the cost of putting these bylaws before the membership. I see no cost savings in voting these bylaws in and then following up with an amendment vs. withdrawing these bylaws, the membership voting them down or the quorum of 1784 not being reached with the BOD changing the bylaws and resubmitting them for vote.

    Not only that as soon as these bylaws go in place a number of members will be disenfranchised. The foreign national legal residents will not even be able to vote on the amendment that gives them their vote back!

    The other issue that I find bothersome, by what mechanism does the AERC propose to verify citizenship? If there is not mechanism in place then how does the AERC know that a person is a citizen and has the right to vote? That would I think that no system being in place to verify citizenship cast a shadow on all votes by the membership as to their legality.

    I am sure you are dead serious about pushing an amendment. However, given the cost of an amendment would be close to the same as voting the new bylaws after they have been modified - then why vote in bylaws with known flaws?

    As I said I have not made my decision but it seems to me that reissuing the bylaws corrected for vote would be preferable to passing them as is, thus disenfranchising a segment of the membership, and hoping that the BOD does amendment them. It's going to cost the AERC the same in the long run either way so why the rush to pass these?

    Thank again for your response
    Truman

    Randy H Eiland wrote:


    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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    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
    Ridecamp is a service of Endurance Net, http://www.endurance.net.
    Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp
    Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp

    If you are an AERC member - PLEASE VOTE in the upcoming By-Laws Election!!!! (it takes 2/3rds to tango!!)

    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=


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    [RC] New Bylaws & subsequent Amendment(s), Randy H Eiland