There are a number of concerns about the vote which took place in November, 1999 for a new
Constitution and By-Laws for the Samoyed Association of Canada. Members
had concerns prior to the ballot due to election irregularities during
the February 1999 election of officers, as well as other problems within
the club during the last 2 years (the executive not following our
Constitution and By-Laws). And although the vote on the Constitution
took place in November 1999, members were not allowed to know the result
of this vote until well into March, 2000.
Because our
club's C&BL allows us to make amendments only every 3 years, the
executive of the club decided to try to rush the changes through (as per
the CKC memo to all clubs dated April 28, 1999
regarding required changes to club constitutions). Our next date to make
these changes would not be until 2002, a year after the deadline for
making these changes. Members phoned the CKC to inquire whether an
extension to the deadline might be granted, considering our
circumstances. They were told that an official request from the Club
would be required, but that it would not be a problem.
Because a Club
Constitution is an important and rather large undertaking for a club and
should not be rushed, the exec was informed that an extension would be
available if requested so that we could do this right and not rushed.
Everything must be done by mail since this is a National Club, so it
takes time for any discussion on changes or suggestions etc.
Our executive
ignored my information and continued to tell club members that we had to
change our Constitution in the next few months or our CKC club
recognition would be forfeited.
Rather than
make a few changes to our present Constitution to conform with the new
CKC requirements, the executive of the club wrote a completely new
Constitution (and by-laws) from start to finish.
It is my
understanding that if this is done, the old Constitution/By-laws must be
repealed by a ¾ majority vote (according to our present Constitution).
Or if the present Articles are changed or amended, this also requires a
¾ majority (of eligible voters). This was understood by our executive
and our members as evidenced by the President's message in our bulletin
up until the February 2000 issue.
A number of
members decided not to vote at all, since a no vote in this case or
abstention would be the same, because of the ¾ majority requirement for
amendments to our constitution. A ¾ majority would have been a minimum
114 affirmative votes (out of a voting membership of 151 at the time),
and none of the new by-laws voted on received more than 50 affirmative
votes. Articles I and II of the proposed constitution received 57 and 52
affirmative votes respectively, and the other seven articles were not
even voted on (to repeal or change).
There were a
number of objections to the completely re-written Constitution and
By-laws, and one of those objections was that this was rushed to a vote
without adequate discussion. There were other objections as well, to
specific amendments.
Because they
did not receive the required 114 affirmative votes, the SAC Exec have
now decided that the By-Laws are not part of the Constitution and don't
need the ¾ vote to change. They also have somehow deleted Articles III
through IX of the original Constitution and moved them to by-laws so
that the new ones they wrote to replace the original Articles III
through IX could now be passed as by-laws instead. I know that this is
not allowed (and shouldn't be). The Articles of the Constitution must
have a 3/4 majority vote in order to be repealed or amended.
This was not
followed, therefore the original nine Articles of our Constitution
should remain, and are in conflict with many of the newly written
by-laws that the exec. say were passed. This cannot be, and we have
asked the CKC to look into this situation for us and deny approval of
this completely new Constitution and By-Laws.
The CKC ignored
their own requirements and those of the SAC Constitution and by-laws
requiring the affirmative vote of 3/4 of the membership (eligible
voters) to amend or repeal the original C&BL. They did not reply to
the members who had written, faxed and phoned them (February/March/April
2000) but instead sent a
letter to the SAC secretary, dated August 23, 2000, stating that the
C&BL submitted to the CKC office MEETS the requirements as
outlined by the CKC. (From Darlene Scott, Event Coordinator, Event
Planning Department, Shows and Trials Division, CKC)
This is an
important document for any Club, and in the past our Club has referred
to it extensively. The 1999/2000 executive did not follow our
Constitution in a number of areas, and the changes they made to it were
partially to allow them to continue with the changes they had already
made. When members complained over the last year or so, those members
were publicly attacked and humiliated in the Club bulletin, or ignored
completely.
There have been
problems within the club over the last several years that members hesitated
to bring to the CKC, hoping things could be worked out internally. This
is a good club with a long history of working together and member
involvement. That has changed over the last little while and many
long-time members regret the changes (not for the better).
The CKC should
not have accepted this new Constitution and by-laws and would have given
our Club an extension (as per Elio Furlan) to properly make the required
changes, with member input.
Also see the Issues/Concerns page.
Comments on this
and other issues are welcome on the message
board.