Proposed Amendments to the Bylaws

A special meeting of the Gulf Coast Division will be held 6 P.M. March 4, 2005. At that meeting, as is true at any meeting of the membership of the Division, the Bylaws of the Division may be amended, provided the notice for the meeting includes a "statement as to any proposed amendments to the By-Laws to be voted upon at such meeting".

As of February 2, 2005, the Officers of the Gulf Coast Division were aware of 17 motions to amend the Bylaws which were expected to be offered at the meeting.

Some proposals change the very same pieces of the Bylaws or interrelate with each other. Indeed, some proposals specifically state that they apply if and only if some other proposal is passed. However, with one exception, it is legal to approve or reject any combination of them except for two conflicts.

Proposition 8 and Proposition 11 both change the same words but in slightly different ways. If either is adopted, then the other would be null and void because it would describe changing old words which no longer exist. So, if both are passed, the first one passed would apply and the motion to pass the second one would be void. Hence, the two changes cannot be included in a single motion.
Proposition 9 and Proposition 17 both change the same words but in slightly different ways. If either is adopted, then the other would be null and void because it would describe changing old words which no longer exist. So, if both are passed, the first one passed would apply and the motion to pass the second one would be void. Hence, the two changes cannot be included in a single motion.

List of Propositions

Proposition 1 (deleting the reqirement for the kick-off meeting)
Proposition 2 (deleting the reqirement to notify non-voters of meetings)
Proposition 3 (concerns composition of the Division Board)
Proposition 4 (concerns relaxing establishment of eligibility to vote)
Proposition 5 (concerns composition of the Division Board)
Proposition 6 (concerns composition of the Division Board)
Proposition 7 (concerns composition of the Division Board)
Proposition 8 (concerns relaxing scheduling requirements for the annual meeting)
Proposition 9 (concerns the annual election)
Proposition 10 (concerns members petitioning for meetings)
Proposition 11 (concerns relaxing scheduling requirements for the annual meeting)
Proposition 12 (concerns the annual election)
Proposition 13 (concerns the annual election)
Proposition 14 (concerns the annual election)
Proposition 15 (concerns members petitioning for meetings)
Proposition 16 (concerns required notice for meetings of members and amendment of Bylaws)
Proposition 17 (concerns the annual election)

Categorized

Deleting the reqirement for the kick-off meeting: Proposition 1
Deleting the reqirement to notify non-voters of meetings: Proposition 2
Concerning composition of the Division Board: Proposition 3, Proposition 5, Proposition 6, Proposition 7
Concerning relaxing establishment of eligibility to vote: Proposition 4
Concerning relaxing scheduling requirements for the annual meeting: Mutually incompatible Proposition 8 and Proposition 11
Concerning the annual election: Mutually incompatible Proposition 9 and Proposition 17, Proposition 12, Proposition 13, Proposition 14
Concerning members petitioning for meetings: Proposition 10, Proposition 15
Concerning required notice for meetings of members and amendment of Bylaws: Proposition 16

Topic	Proposition(s)
Deleting the reqirement for the kick-off meeting	Proposition 1
Deleting the reqirement to notify non-voters of meetings	Proposition 2
Concerning composition of the Division Board	Proposition 3, Proposition 5, Proposition 6, Proposition 7
Concerning relaxing establishment of eligibility to vote	Proposition 4
Concerning relaxing scheduling requirements for the annual meeting	Mutually incompatible Proposition 8 and Proposition 11
Concerning the annual election	Mutually incompatible Proposition 9 and Proposition 17, Proposition 12, Proposition 13, Proposition 14
Concerning members petitioning for meetings	Proposition 10, Proposition 15
Concerning required notice for meetings of members and amendment of Bylaws	Proposition 16

March Proposition 1

In the Gulf Coast Division Bylaws, in Article VIII Section 1, delete part 1 and renumber part 2 as part 1.

[Webmaster's note: The part proposed for deletion is the sentence requiring a kick-off meeting at the start of the first tournament of the year.]

The Executive Committee recommends voting FOR Proposition 1.

March Proposition 2

In the Gulf Coast Division Bylaws, in Article VIII, Section 3, append: "It is not required to notify a member of a regular or special meeting if, under the circumstances prevailing at the time the rest of the members are notified, that member would not be entitled to vote at the meeting."

The Executive Committee recommends voting FOR Proposition 2.

March Proposition 3

In the Gulf Coast Division Bylaws, in Article VI, Section 4, replace "a quorum shall consist of representatives of over one-half (1/2) of the clubs, or four clubs, whichever is greater." with: "a quorum shall consist of representatives of over one-half (1/2) of the clubs which have selected either an eligible representative or an eligible alternate, or four clubs, whichever is greater."

[Webmaster's note: This concerns the quorum for a meeting of the Division Board. This is actually not a small change, but a complete replacement of section 4. It is phrased this way so that Proposition 3 and Proposition 6, which change the same section. can be adopted or rejected independently.]

The Executive Committee recommends voting FOR Proposition 3.

March Proposition 4

In the Gulf Coast Division Bylaws, in Article VIII, Section 5, replace part 3 with: "If USFA, INC. requirements specify that a member must act to cause a condition to be satisfied before a specific calendar date during the membership year, and the vote occurs prior to that date, then it shall be sufficient if the member is known to have caused the condition to be satisfied by the time of the vote. However, in such a case, if the specific condition is the communication of certain information to the National Office of USFA, INC, then it shall be sufficient if the member communicates the information instead to the Secretary of the Division."

[Webmaster's note: This concerns eligibility to vote in Division affairs. Under current circumstances, this would only affect votes occurring prior to February 1st. Specifically, for such votes, current Bylaws require that voters must make the USFA National Office aware that they will be 18 before the time of the vote. However, for members who decline to divulge their actual dates of birth to the National Office, the National Office has a mechanism for tracking being old enough, but that mechanism only tracks whether the member will be old enough, and has delivered such information, by February 1, not the actual earlier date of some Division vote.]

The Executive Committee recommends voting FOR Proposition 4.

March Proposition 5

In the Gulf Coast Division Bylaws, in Article VI, in Section 2, change "one member of THE DIVISION" to "one member of THE DIVISION who is not an officer of THE DIVISION", and in Section 8, change "without regard to any other role the member may serve in the club or in THE DIVISION" to "without regard to any other role the member may serve in the club or in THE DIVISION except officer of THE DIVISION".

[Webmaster's note: This concerns eligibility to be named as a representative on the Division Board. Both parts concern prohibiting Division Officers from serving. The first part alters the section about who composes the Division Board, and the second part alters the section discouraging the appointment of club owners and paid employees.]

The Division Board "recommends and endorses the membership of the Division amending the Bylaws to prohibit Division Officers from being named as representatives or alternate representatives of clubs."

March Proposition 6

In the Gulf Coast Division Bylaws, in Article VI, append to Section 4: "Any club which does not select either a representative or an alternate during the first month of its membership in USFA, INC. during a membership year shall not be entitled to select representatives for the rest of the membership year and shall not be counted when determining the size of a quorum."

[Webmaster's note: This concerns the quorum for a meeting of the Division Board. It is phrased in a way which permits it and Proposition 3, which changes the same section. to be adopted or rejected independently.]

The Executive Committee recommends voting AGAINST Proposition 6 because it believes Proposition 3 better accomplishes the same goal.

The Division Board "recommends and endorses the membership of the Division amending the Bylaws to specify that 1) during every fencing year a club must have a declared representative or alternate to the Division Board some time within the first month of the membership of the club in the Division, or else for the entire rest of the fencing year the club would not be entitled to representation on the Division Board, and 2) in the case of two or more clubs with identical ownership, that common owner would be entitled to representation granting only one vote on the Division Board."

March Proposition 7

In the Gulf Coast Division Bylaws, in Article VI, append a new section numbered consecutively with the existing sections reading: "Common Ownership: For purposes of representation on the Division Board, including the size of a quorum, any two or more clubs which individually are eligible for representation on the Division Board, but which have identical ownership, shall be treated as if they are a single club."

[Webmaster's note: Article VI concerns the Division Board.]

The Executive Committee recommends voting FOR Proposition 7.

March Proposition 8

In the Gulf Coast Division Bylaws, in Article VIII Section 1, in the part titled "Annual meeting", replace "Annual meeting -- on the same day as and prior to the beginning of the Divisional qualifiers for Summer Nationals" with "Annual meeting -- on any day or the evening preceding any day of the Divisional qualifiers for Summer Nationals at any time prior to the completion of the qualifiers".

[Webmaster's note: This part concerns the required annual meeting of the membership of Division and the change concerns the allowed scheduling of the meeting. NOTE THAT PROPOSITION 8 AND PROPOSITION 11 ARE SIMILAR BUT THAT IF EITHER ONE IS PASSED, THE OTHER PROPOSAL WOULD BECOME NULL AND VOID. Both Proposition 8 and Proposition 11 are phrased as they are so one of them and Proposition 1, which deletes the other part of the same section, can be adopted or rejected independently.]

The Executive Committee recommends voting AGAINST Proposition 8 because it believes Proposition 11 better accomplishes the same goal.

March Proposition 9

In the Gulf Coast Division Bylaws, in Article IX, replace Section 1 with "Nominations: candidates for all offices established under these Bylaws shall be nominated by notification of the Secretary prior to March 1st, and submission by the candidate of a brief biography and statement of goals, to be disseminated to the membership by the Secretary by the most efficient reasonable means.", and in Section 2 insert at the beginning "If no nominations are made for an office which is required to be filled, nominations for this office shall be made from the floor of the election meeting, with the election by written ballot by voters present at the meeting without any votes by proxy, with the winner determined by receiving the majority of the ballots cast in the balloting or any necessary repeated balloting.", and in Section 2 replace the two sentences "If two (2) or more nominations are made for any office, voting for the candidate for such contested office shall be in person and the candidate receiving the majority of the votes cast shall be declared elected. Written ballots shall be used." with the three sentences "If two (2) or more nominations are made for any office, voting for the candidate for such contested office shall be by ballots prepared in advance and distributed to eligible voters as soon as practical after the close of nominations, and redistributed in advance or at the election meeting as needed upon request of an eligible voter who has not returned a ballot. Votes must be cast by the voters, and not by proxy, and the ballots may be returned in advance, or delivered at the election meeting. The candidate receiving the majority of the votes cast shall be declared elected."

[Webmaster's note: This is a complete replacement for the description of conducting elections where the number of nominees is anything but one, except that it does nothing to change the existing portion of the Bylaws describing how to deal with no candidate receiving a majority. NOTE THAT PROPOSITION 9 AND PROPOSITION 17 ARE SIMILAR BUT THAT IF EITHER ONE IS PASSED, THE OTHER PROPOSAL WOULD BECOME NULL AND VOID.]

[Webmaster's note: The current Bylaws mention voting in person and make no mention of proxy votes, but the current interpretation is that votes in person include the casting in person of proxy votes. This is because USFA Bylaws require proxy votes to be allowed for elections when not explicitly prohibited by division bylaws. Further, one opinion from the National Office suggests that even division bylaws cannot prohibit proxy election votes.]

The Division Board "recommends and endorses the membership of the Division amending the Bylaws so that for all elected positions, that proxies not be allowed, that election voting be only with ballots prepared in advance and returned in advance or delivered at the election meeting, that all candidates allowed to receive votes must announce their candidacy my March 1st by notification to the Secretary and submission of a brief biography and goals to be disseminated to the membership by the most efficient reasonable means, but that if some office has no such candidates, then the office may be filled by nominations and votes in person at the election meeting."

The Executive Committee recommends voting AGAINST Proposition 9 because it believes Proposition 17 better accomplishes the same goal, PROVIDED both propositions are found to be legal within the Bylaws of the USFA.

March Proposition 10

In the Gulf Coast Division Bylaws, in Article VIII Section 2 replace "shall be called by the Chairman upon the written request of not less than five (5) members of the Division" with "shall be called by the Chairman upon the written request of not less than five (5) members of the Division or ten (10) percent of the members of the Division who would be entitled to vote at the time of the written request, whichever is larger".

[Webmaster's note: 10% of the voting membership of the Division varies greatly during the course of the year, but last August 28th, it was 10 people, and last April it was approximately 30 people.]

March Proposition 11

[Webmaster's note: This part concerns the required annual meeting of the membership of Division and the change concerns the allowed scheduling of the meeting. NOTE THAT PROPOSITION 8 AND PROPOSITION 11 ARE SIMILAR BUT THAT IF EITHER ONE IS PASSED, THE OTHER PROPOSAL WOULD BECOME NULL AND VOID. Both Proposition 8 and Proposition 11 are phrased as they are so one of them and Proposition 1 which deletes the other part of the same section, can be adopted or rejected independently.]

The Division Board "recommends and endorses the membership of the Division amending the Bylaws to allow the Annual Meeting to be held any time on any day of Divisionals, or the preceding evening, except not after the completion of Divisionals." Proposition 8 is consistent with this endorsement, but this proposition prohibits the meeting from occurring during fencing when the endorsement has no such prohibition.

The Executive Committee recommends voting FOR Proposition 11 (and against Proposition 8 because it believes Proposition 11 better accomplishes the same goal).

March Proposition 12

If and only if Proposition 9 or Proposition 17 is enacted, or a sufficient portion of either is enacted to create the possibility of an election with absentee ballots failing to produce a winner because no candidate receives a majority of the votes cast, then in the Gulf Coast Division Bylaws, in Article IX, in Section 2 replace the sentence "In the event that three (3) or more candidates are nominated for any office, and no candidate receives a majority vote, a run-off election shall be conducted and the winner shall be declared elected." with "In the event that in any election all candidates receive insufficient votes to win, then a special meeting of the membership called by the Chairman and ballots will promptly be distributed again to all members eligible to vote at the time of that meeting, for return before or delivery at that meeting, with the meeting being scheduled as soon as practical at least 15 days after the date of distribution of the ballots."

The Division Board recommends changes which Proposition 9 would make. The Division Board has no recommendation concerning Proposition 17 but Proposition 9 and Proposition 17 are identical in their effects on the possibility of an election with no winner. The recommendations of the Division Board did not address the procedure to be followed if the recommended changes were made but an election occurred where no candidate received enough votes to win. This specific change is not covered by any recommendation of the Division Board to vote for or against it or the ideas in it.

The Executive Committee recommends voting FOR Proposition 12.

March Proposition 13

In the Gulf Coast Division Bylaws, in Article IV replace Section 5 with: "The office of Secretary and Treasurer may be combined for any one-year term of office at the time of the annual meeting, for the duration of the upcoming terms of office. 1. If the election of both the Secretary and the Treasurer require no decision about combination of the offices prior to the annual meeting, then the offices will be combined upon majority vote of the members of THE DIVISION voting in person at the annual meeting. In the event of such vote, the candidates for the office of Secretary and the office of Treasurer, nominated pursuant to Article IX of these Bylaws, shall all be deemed candidates for the combined office. 2. If the election of either the Secretary or the Treasurer requires a decision about the combination of the offices prior to the annual meeting, including but not limited to printing of ballots which can be cast prior to the meeting, then the offices shall be deemed combined if and only if the same candidate wins the elections for both Secretary and Treasurer."

[Webmaster's note: Although this is a complete replacement for the part about being able to merge Secretary and Treasurer, it would have absolutely no effect under current conditions. However, if either Proposition 9 or Proposition 17 were to pass, it would describe a new way of handling the merger.]

The Division Board recommends changes which Proposition 9 would make. The Division Board has no recommendation concerning Proposition 17 but Proposition 9 and Proposition 17 are identical in their effects on the ability to use the existing portion of the Bylaws allowing the offices of Secretary and Treasurer to be combined. The recommendations of the Division Board did not address how to combine the offices of Secretary and Treasurer if the recommended changes were made. This specific change is not covered by any recommendation of the Division Board to vote for or against it or the ideas in it.

The Executive Committee recommends voting FOR Proposition 13.

March Proposition 14

In the Gulf Coast Division Bylaws, in Article V append to Section 1: "The means by which such additional members are elected depends on the mechanism by which elections are conducted. 1. If the election of members of the Executive Committee requires no information about what candidates exist for what office prior to the annual meeting, then the decision to elect any additional members and, if so, how many, shall be made at the annual meeting by those eligible to vote for the additional members. 2. If the election of members of the Executive Committee requires information about what candidates exist for what office prior to the annual meeting, including but not limited to printing of ballots which can be cast prior to the meeting, then the additional members shall be elected by considering there to be six indistinguishable positions for which a nomination applies equally to all, except that ballots or votes with a vote for no candidate will be included in determining the number of votes required and if fewer than six candidates receive at least a majority of votes then offices will be left unfilled, with another vote or ballot only to resolve a tie for the lowest position when more than six candidates receive at least a majority."

[Webmaster's note: This would have absolutely no effect under current conditions. However, if Proposition 9 were to pass, it would describe a new way of handling electing additional members to the Executive Committee. Note that the proposal does not describe the standard way of voting for a group of indistintuishable positions, it only mentions it and then describes differences from it. The Bylaws do not specify what that standard way is, but the Division's adopted parliamentary authority does specify that everybody would get (up to) six votes, that to win one needs a majority of ballots which have at least one vote cast, that if too many people have a majority the most popular get the positions, and that if there are either fewer than six with a majority or a tie including sixth, then another round of balloting among all candidates yet to be elected for all positions yet to be filled.]

The Division Board recommends changes which Proposition 9 would make. The Division Board has no recommendation concerning Proposition 17 but Proposition 9 and Proposition 17 are identical in their effects on the ability to use the existing portion of the Bylaws allowing electing additiona members of the Executive Committee. The recommendations of the Division Board did not address how to elect additional members of the Executive Committee if the recommended changes were made. This specific change is not covered by any recommendation of the Division Board to vote for or against it or the ideas in it.

The Executive Committee recommends voting FOR Proposition 14.

March Proposition 15

In the Gulf Coast Division Bylaws, in Article VIII append to Section 2: "For a special meeting called because of a written request of members, the Chairman shall still specify the time and place, but the time shall be soon enough to accommodate the business intended for the meeting, and the time and place shall be of relative convenience for the membership of the Division."

The Executive Committee recommends voting FOR Proposition 15.

March Proposition 16

In the Gulf Coast Division Bylaws, in Article VIII, in Section 3 replace the three sentences "Notice: written notice of the date, time and place of regular meetings shall be given to all members not less than fifteen (15) days in advance of such meeting. The notice shall contain a statement of the officers to be filled at such meeting, a statement as to any proposed amendments to the Bylaws to be voted upon at such meeting, and a statement of other matters required a vote of the membership at such meeting. All members shall be given at least seven (7) days prior written notice of all special meetings, which shall set forth the business to be transacted at the meeting." with the three sentences "Notice: written notice of the date, time and place of regular meetings shall be given to all members not less than fifteen (15) days in advance of such meeting. All members shall be given at least seven (7) days prior written notice of all special meetings, which shall set forth the business to be transacted at the meeting. The notice shall contain a statement of the officers to be filled at such meeting, a statement as to any proposed amendments to the Bylaws to be voted upon at such meeting, and a statement of other matters required a vote of the membership at such meeting." and in Article XIII insert after the sentence ending "may be amended at any annual meeting of the members, or at any special meeting of the members called for that purpose" the new sentence "Without regard to the number of days prior notice required to hold a meeting at which these Bylaws may be amended, the prior notice required for a statement as to any proposed amendments myst be no less than fifteen (15) days."

[Webmaster's note: The first, and bigger, part of this merely juggles the existing sentences concerning notices of meetings of members, but it is written in a way which is compatible with Proposition 2, which would append a new sentence to the section. The second, smaller, part removes all ambiguity from the Bylaws about minimum required notice to amend the Bylaws.]

The Executive Committee recommends voting FOR Proposition 16.

March Proposition 17

In the Gulf Coast Division Bylaws, in Article IX, replace Section 1 with "Nominations: candidates for all offices established under these Bylaws shall be nominated by notification of the Secretary prior to six weeks before the reporting date for divisional qualifiers for Summer Nationals, and prior to four weeks before the start of the Divisional qualifiers for Summer Nationals, and submission by the candidate of a brief biography and statement of goals, to be disseminated to the membership by the Secretary by the most efficient reasonable means.", and in Section 2 insert at the beginning "If no nominations are made for any office which is required to be filled, nominations for this office shall be made from the floor of the election meeting, with the election by written ballot by voters present at the meeting without any votes by proxy, with the winner determined by receiving the majority of the cast in the balloting or any necessary repeated balloting.", and in Section 2 replace the two sentences "If two (2) or more nominations are made for any office, voting for the candidate for such contested office shall be in person and the candidate receiving the majority of the votes cast shall be declared elected. Written ballots shall be used." with the three sentences "If two (2) or more nominations are made for any office, voting for the candidate for such contested office shall be by ballots prepared in advance and distributed to eligible voters as soon as practical after the close of nominations, and redistributed in advance or at the election meeting as needed upon request of an eligible voter who has not returned a ballot. Votes must be cast by the voters, and not by proxy, and the ballots may be returned in advance, or delivered at the election meeting. The candidate receiving the majority of the votes cast shall be declared elected."

The Executive Committee recommends voting FOR Proposition 17, PROVIDED both Proposition 9 and Proposition 17 are found to be legal within the Bylaws of the USFA (and, if both are found to be legal, it recommends against Proposition 9 because it believes Proposition 17 better accomplishes the same goal).

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