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Archiver > BOARD > 2007-08 > 1187882036


From: "bluebear" <>
Subject: Re: [BOARD] Motion 07-18 - Amendment to Motion 02-12 - DISCUSSION
Date: Thu, 23 Aug 2007 10:13:56 -0500
References: <02e501c7e580$09c2bb80$7301a8c0@scott>


No discussion.

Greta Thompson


----- Original Message -----
From: "Scott Burow" <>
To: <>
Sent: Thursday, August 23, 2007 7:20 AM
Subject: [BOARD] Motion 07-18 - Amendment to Motion 02-12 - DISCUSSION


| It has been moved by Mike Peterson and seconded by Karen De Groote-Johnson
| that the decision of the Advisory Board regarding the appeal of Teresa
| Lindquist of Motion 02-12 be adopted and that Motion 02-12 be amended.
|
| The motion is numbered 07-18 and is open for discussion. If you have no
| discussion, please advise by stating "no discussion".
|
| Motion 07-18 is as follows:
|
| I move that the following be adopted as an amendment to Motion 02-12:
|
| "After reviewing all the information and evidence presented in the Teresa
| Lindquist appeal to rescind Motion 02-12, the AB finds the following:
|
| Before proceeding with a review upon appeal, the Advisory Board has a
| responsibility to examine its ability and authority to review the decision
| made by the prior Board in Motion 02-12. The only mention of a Motion to
| Appeal in Sturgis relates to a motion to appeal the decision of the chair.
| This motion is not applicable to the current situation in that the action
| being appealed is not a decision of the chair. Parliamentary law and
common
| law recognize the inherent right of members to have redress for decisions
| that address their status or standing as a member of the organization, and
| recognizes the inherent right of the organization to amend and correct
| errors which may have been made in both procedure and fact. The Board must
| also consider the intent and content of Motion 02-12 at the time of its
| passage, and the intent of the Advisory Board at the time, which made
| provision for appeal. It must be concluded that under Sturgis,
| parliamentary law, and common law an appeal can be made of Motion 02-12 in
| order for the member to have redress and to correct any errors that may
have
| been made.
|
| Disciplinary action against members is an inherent right of the
organization
| (Sturgis, p. 222-224). For the purpose of the current appeal regarding the
| findings of Motion 02-12, the Advisory Board has reviewed the materials
| available, the written appeal of Ms. Lindquist, and the evidence
presented.
| This opinion will address the two pertinent sections of Motion 02-12,
which
| are entitled Decision and Penalty in order to be consistent with the
wording
| in Sturgis. All items not claimed to be in error in the appeal have been
| judged to be true and accurate.
|
| REGARDING THE DECISION REACHED IN MOTION 02-12:
|
| The finding of the Advisory Board in Motion 02-12 is affirmed as to the
| statement that Teresa Lindquist exhibited total disregard and disrespect
as
| evident in her public posting of executive session correspondence,
betraying
| the trust of fellow board members and all members of the project that have
| brought concerns and grievances forward.
|
| Ms. Lindquist in her appeal does not contest that finding.
|
| REGARDING THE PENALTY ASSESSED IN MOTION 02-12:
|
| Ms. Lindquist contests the imposition of the status of Member Not in Good
| Standing, based upon the opinion of a previous Advisory Board's
| Parliamentarian, D. Joshua Taylor, that it is invalid as it does not
contain
| an ending date, and is, therefore, permanent. The Advisory Board finds
that
| Motion 02-12 validly imposed the status of Member Not In Good Standing for
| the acts as described in the decision. That penalty, however, was
improperly
| applied in that it did not include a termination date or a method for the
| member to otherwise regain her status as a Member in Good Standing in lieu
| of a termination date.
|
| OPINION OF THE ADVISORY BOARD AND RESOLUTION:
|
| Having found the penalty phase of the Advisory Board in Motion 02-12 to be
| improperly applied, it is the duty of this Advisory Board to amend,
adjust,
| or otherwise correct the application of the penalty, taking into account
the
| period of time that has elapsed since the imposition of the original
| disciplinary action and the contributions of the member which may serve to
| mitigate the need or the nature of the consequence imposed.
|
| The Advisory Board notes that after almost 5 years the publication of
| executive session correspondence leading to Motion 02-12 remains publicly
| posted. The Advisory Board finds that the passage of time has not reduced
| the disregard, disrespect, and betrayal of that action.
|
| The Advisory Board notes that Ms. Lindquist contacted the Board on May 21,
| 2007 and stated. "I am not interesting [sic] in having the Board lift my
Not
| In Good Standing status. I want the Board to recognize and correct the
| illegal actions taken by its predecessor and rescind Motion 02-12." This
| Board will comply with the request of Ms. Lindquist in part, and will
| correct the improper application of an otherwise validly imposed penalty.
|
| A breach of trust among members is unfortunate and a breach of trust among
| elected officers is intolerable. A breach of trust and confidentiality
| between an elected officer and the members of an organization is a
travesty
| and should never be taken lightly.
|
| It is the finding of the Advisory Board that the penalty assessed in
Motion
| 02-12 be amended to read as follows:
|
| "Teresa Lindquist will be made a Member Not In Good Standing for a period
of
| 10 years, retroactive to the initial date of Motion 02-12 on July 12,
2002.
|
| If Ms Lindquist desires to have that status lifted prior to the expiration
| of that time, she may do so by communication of the following to the
| National Coordinator:
|
| 1. That she has permanently removed all confidential executive session
| correspondence from public view and will cease to distribute any materials
| that were held in confidence by the Advisory Board at the time of her
| participation without the consent of those members involved.
|
| 2. That she is prepared to accept responsibility for the violation of
trust
| and confidence placed in her by making a public apology to the membership
| for her actions.
|
| 3. That she is willing to be a contributing member of the USGenWeb
Project
| as evidenced by her ability to abide by the bylaws, rules, and procedures
| established for all members of the project.
|
| Should Ms. Lindquist choose to have the status of Member Not in Good
| Standing lifted and to comply with the conditions stated above, she will
be
| placed on a probationary status for a period of one (1) year. During her
| period of probationary status she will answer to the Advisory Board for
any
| actions which are not in compliance with accepted project policy or
| membership. During that probationary year if Ms. Lindquist engages in any
| actions that the AB finds to be out of compliance with the probationary
| rules herein and accepted project bylaws, rules, and procedures
established
| for its members, the penalty will be reinstatement of the Member Not In
Good
| Standing status until July 12, 2012."
|
|
| Scott Burow
| NC - USGenWeb Project
|
|
| USGenWeb Project information can be found at: http://www.usgenweb.com
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