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What Happened at the 108th Annual Meeting???

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  • What Happened at the 108th Annual Meeting???

    I am going to respect Mr. Brewster's request from the other thread about the effect of what happened at this year's annual meeting. However, I will give you my account of what occurred. You can draw your own inferences from what it means. I have my opinion about what it means, but I'll withhold it until Mr. Brewster believes it's appropriate. Nevertheless, here is what I remember happening.

    1) At the 2012 Stock Outboard Nationals, Matt D'Agostino was declared the National Champion in ASH. The inspector then DQ'ed him and he appealed that DQ to the SORC. The SORC voted to uphold the appeal and reinstated D'Agostino. Jean Mackay Schwartz then appealed the decision of the SORC to the APBA National Commissioner. The NC then decided to uphold Schwartz's appeal. Most everyone already knows all of this.

    2) At the 108th Annual Meeting in Dallas, item number 14 on the agenda of the meeting was the "Approval of actions..." of all of the officers, directors, etc. of APBA for the prior year. This item is ALWAYS on the agenda. By the way, at the Annual Meeting of the Members, all members are entitled to vote. The Board of Directors attend this meeting and they sit up front but their votes count no greater than any other member at this meeting. This is THE MEETING where the members reign supreme in a membership organization such as the APBA. They may change the By Laws, amend them, replace them, fire the Officers, fire the Directors, fire the employees, hire other ones, etc. This is the meeting of an association where the owners decide how to run things.

    3) When we came to that item on the agenda, President Wheeler asked for such a motion to be made. One was so made and seconded. During the discussion phase of this motion, I moved to divide the question so that the members could have a separate vote on the decision of the National Commissioner on the ASH appeal and all other decisions of the Association. My motion passed. Therefore, the question was divided so that first we would vote on whether to approve all decisions of the APBA for 2012 EXCEPT the decision of the National Commissioner on the ASH appeal and, once that motion was voted on, we would vote on whether to approve of the decision of the NC on the ASH appeal. Thus, the items were separated for voting purposes.

    4) Next, the vote was called on the motion to approve all of the decisions from 2012 except the one of the National Commissioner on the ASH appeal. That motion easily passed.

    5) Next, the members considered the motion to approve the decision of the National Commissioner on the ASH appeal. As you can imagine, there was a lot of discussion on this item. There were questions on who could vote. Mr. Wheeler explained that any APBA member could vote. Some questioned whether they could vote if they had not yet renewed their membership for 2013. Mr. Wheeler explained that anyone who was a member in 2012 but had not yet renewed could vote because we have a By Law that carries the membership through the annual meeting immediately following the year of membership. Several members questioned whether there was a quorum. It was confirmed that there was a Quorum. Several members questioned how the Chairman (President Wheeler) could determine if someone was a member. I stated that there was a way to challenge a particular vote if someone didn't believe a person was entitled to vote. No one challenged any vote officially (comment about this later). No one asked for a roll call and the Chairman (Wheeler) didn't take one. However, he did call for those who were in favor of the motion to hold up their hands. He then went around the room counting hands. Lisa Jennings also did the same thing for all of the votes and I overheard her comment that she agreed with Mr. Wheeler's vote count for all the counting he did. Wheeler then asked for those who opposed the motion to hold up their hands. He then went around the room and counted the hands. President Wheeler then announced the motion had failed. Thus, the motion to approve the decision of the National Commissioner on the ASH appeal failed.

    6) Next, Member Steve David moved to have a re-vote of the matter. There was then some short discussion about whether this could be done (ie: a re-vote) and it was confirmed that, since David voted against the motion the first time, he could make the motion to reconsider. It was seconded. There was a lot more discussion. The Chairman (Wheeler), then called for the vote and tallied the votes just like he did before by walking around the room and counting hands. There were a few more votes this time around on both sides but the result was the same: the motion failed.

    7) Next, there was a lot of discussion that was, in my opinion, totally out of order because there was no motion on the floor to discuss. After a few minutes, I held up my hand and gained recognition from the Chairman. I then moved to Adjourn the meeting. The motion was seconded. Chairman Wheeler then called for a voice vote on the motion to adjourn and that motion carried. The meeting was then adjourned.

    In summary, the APBA members voted to approve all decisions made by the APBA in 2012 except one, that being the decision of the National Commissioner on the matter of the SO Nationals ASH appeal. The motion to approve the decision of the National Commissioner on the ASH appeal did not pass.

    BTW: For those who think that the APBA is not run by the members, they are just dead wrong after this meeting. Even those who vigorously and vocally disagreed with me about how the ASH matter should have come out have expressed their agreement that the members still reign supreme in the APBA.
    14-H

    "That is NOT why people hate me." - 14-H.

  • #2
    I remember the days when Ed would post the full agenda and keep us abreast of each and ever call to action.

    Where do I find such a document coming out of the 2013 meeting?

    Comment


    • #3
      Yep, Kinda Sorta........

      Ed's account is pretty much how it came down.....

      ....Except he forgot to mention the part where when the APBA President ruled Ed's motion out of order, Ed asked for an opinion from ABPA Chief Legal Counsel.

      Chief Legal Counsel recused himself from an opinion due to a conflict of interest. And in so doing, left the APBA President and the Board of the Directors hung out to dry, with no legal opinion going forward on the legality of the motion or actions subsequently taken.

      R-19
      www.gleasonracing.com

      "No, THAT is why people hate him."

      Comment


      • #4
        And to conclude Pat's statement: It was then pointed out that the rules of the association are to be carried out using Robert's Rules of Order and was in fact the legal means to move forward.
        John Runne
        2-Z

        Stock Outboard is all about a level playing field.

        True parity is one motor per class.

        It's RACING, not just another boat ride!

        NOT a representative of Racing Outboards LLC.

        Comment


        • #5
          The question of order

          Patrick is correct that I left out the part about being ruled out of order. I left it out because it had no effect on the outcome. But here is what happened in that regard.

          At some point after the motion to divide the question was made (and I cannot remember if it was before or after the vote on the motion to divide the question was taken), Chairman Wheeler ruled me out of order. I then stated that I appealed the ruling of the Chairman. Wheeler advised me that I could not do this. I then advised him that, under Robert's Rules, when a member appeals the decision of the Chairman of the meeting, the assembly (ie: the members) gets to vote on whether the Chairman's ruling is correct.

          This is when Wheeler sought the advice of Steve Hearn. Hearn did state that he had a conflict and didn't want to be involved in the dispute but did advise Chairman Wheeler that Robert's Rules should govern the matter. Wheeler then asked me if I had a copy of Robert's Rules when I advised him that I could look it up if I had a computer. Two were given to me. From the first computer, I read "Robert's Rules for Dummies" and quoted it with regard to how to resolve an appeal of a ruling of the Chairman. It stated exactly as I had already told Wheeler: that, once an appeal of a ruling of the Chairman is made, the members get to vote on whether the Chairman is correct. Later, I read from the second computer and referenced the actual Chapter and Section of Robert's Rules where appeals are addressed. I provided Wheeler with the computer so he could read the section for himself, which he did.

          Wheeler then put the matter of whether I was out of order to the members. The members, interestingly, upheld the Chairman. However, later, Wheeler called for a vote on the motion to approve the decision of the National Commissioner. He had to do this because the motion to divide the question ultimately passed and there had to be a motion on whether to approve the question which was separated, that being the approval of the NC's decision on the ASH matter.

          Thus, in the end, the ruling on whether there was proper order didn't make any difference because the members voted to divide the question and there had to be a motion on whether to approve the decision of the National Commissioner on the ASH appeal.

          But Patrick is not correct that the Chairman was left "out to dry". He was given proper advice: follow Robert's Rules. Which he did and did correctly.
          Last edited by 14-H; 01-30-2013, 06:56 PM.
          14-H

          "That is NOT why people hate me." - 14-H.

          Comment


          • #6
            Originally posted by 14-H View Post
            But Patrick is not correct that the Chairman was left "out to dry".
            I believe President Wheeler would beg to differ with you on that, although he's probably not going to admit it on HR. At least that was the consensus of a number of people who I spoke to that were in the room with me and witnessed this.

            R-19
            www.gleasonracing.com

            "No, THAT is why people hate him."

            Comment


            • #7
              Originally posted by sponsonhead View Post
              I believe President Wheeler would beg to differ with you on that, although he's probably not going to admit it on HR. At least that was the consensus of a number of people who I spoke to that were in the room with me and witnessed this.

              R-19
              My statement was a statement of fact: he was given proper advice and he followed it correctly. Your statement is one of opinion referencing how President Wheeler might characterize what happened afterward.

              One is fact, one is opinion. Those, dear Patrick, are not the same things.
              14-H

              "That is NOT why people hate me." - 14-H.

              Comment


              • #8
                Whatever, Eddie. We all know how you hate to lose an argument.

                It's like trying to teach a pig to sing: all I do is get dirty and annoy the pig.

                R-19
                www.gleasonracing.com

                "No, THAT is why people hate him."

                Comment


                • #9
                  I don't think he hates loosing an argument, just admitting it...
                  sigpic

                  Comment


                  • #10
                    put plainly

                    Matt was DQ'd by the inspector. Game over, right. BUT the SORC reinstated him by some sort of "Spirit of the Rules" type of thing. then Strang and the BOG's got ahold of it and sided with the inspector. Then more sh** goes on and the ex-commish comes up with a back door plan to force every present (at the final national meeting assembly) to vote on a ruling, made on a safety rule, that most of those assembled had NO knowledge of.

                    Races are decided on the course and in inspection. My solution would be to:

                    1) Fix the safety inspection rules
                    and
                    2) declare no champion for 2012 and LET IT GO!!!!
                    Dan Wilde
                    58-C

                    "Don't let a win go to your head, or a loss to your heart." Chuck D

                    Comment


                    • #11
                      huh?

                      =declare no champion for 2012 and LET IT GO!!!!

                      Tony Lombardo was and is still the first legal finisher. Why do we declare no champion?
                      Last edited by Team 12R; 01-30-2013, 08:57 PM. Reason: ohh boy... i added a word... "legal"
                      Bill Dingman "The road to hell is paved with good intentions."

                      Comment


                      • #12
                        This is awesome, you must be so proud

                        Only an attorney could take a really bad situation and make it so much worse.
                        Moby Grape Racing
                        "Fast Boats Driven Hard"



                        Comment


                        • #13
                          You ask why APBA membership is in bad shape--THIS is the most important thing having to be done,put this much effort into membership expansion and woooowwwwwww

                          Comment


                          • #14
                            so next year we will just vote in our national champs.
                            its not legal intill i say its legal EDGARE

                            Don D

                            Comment


                            • #15
                              Ed, you are wildcat's racing biggest promoter...

                              Comment

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