-----------------------------------
Law Office of Michael N.
Raisbeck
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Jay,
A
thought. You mentioned that the
“independently-elected” Vice Director could temporarily assume the seat of a
Director who must recuse himself from a vote. This sounds reasonable, but we have situation
in the GLD this election in which one Vice Director and one Director candidate
have chosen to run as a team. Provided the two are elected, there would be no
independent Vice Director.
Jim
-----Original
Message-----
From: John Bellows
[mailto:jbellows@skypoint.com]
Sent:
To: arrl-odv
Subject: [arrl-odv:13234] Thoughts on
Article 11
Please
take a couple of minutes to read the following description of some of the
concerns raised by the existing Article 11 and a couple a suggestions as to an
alternative approach to protect the integrity of the League while not unduly
restricting otherwise qualified candidates for
office.
I
plan to propose a modification of the eligibility requirements of Article 11 at
the January Board Meeting. Eligibility questions as to possible conflicts
of interest have periodically plagued the Board and created hard feelings since
long before I came on the Board in 1998.
This
should be a collaborative effort and I welcome anyone interested in working on
this proposal. For starters take a look at the
following:
No
person shall be eligible for or hold the office of Director…who could gain
financially….. “by the improper exploitation of his office for the furtherance
of his own aims or those of his employer.”
That is just one part of Article 11. I suggest that with the possible
exception of someone who is in a persistent vegetative state, it is
possible for anyone to improperly exploit his office in furtherance of
his own aims. While I certainly
don’t suggest that any member of the Board is or has acted improperly, the fact
remains that it would be possible for each of us to improperly exploit
our office to further our own aims. As such it could be argued that no one on
the Board is eligible for the office they hold.
Rather
than eliminating otherwise qualified prospective candidates for League office on
the basis of conjecture as to what could happen or what is possible It seems to
me that we should require full disclosure of real, potential and perceived
conflicts of interest as part of the election process and let the members decide
who they want to represent them in League affairs.
Full
disclosure of possible conflicts ought to be required not only during the
election process but also during the time in office.
Some
Directors have expressed a concern that members of a Division would be deprived
of representation by their Director if he or she had to recuse him or herself
from voting on a particular issue because of a conflict. While the members of
the Division might be deprived on the Director’s participation and vote on that
issue, it would be nearly seamless to have the independently elected
Vice-Director could move to the front row for discussion and voting on the
particular issue that gave rise to the conflict.
I suggest that the appropriate parties to
make the decision of who should represent them on the ARRL Board are the members
of a Division in the election process, not the Board of Directors.. With full disclosure any concerns can be
discussed during the election process and the members can make that judgment. If
the members are concerned that a Director may have to recuse him or herself due
to a conflict they can certainly factor that into the decision of whom to vote
for. In any event the choice ought to be theirs.
While
we are considering these matters we ought consider some form of ongoing
disclosure of possible conflicts after election and while we are in
office.
73,
Jay,
KØQB