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Archiver > BOARD > 2007-08 > 1187910637


From: Sundee Maynez <>
Subject: Re: [BOARD] Motion 07-18 - Amendment to Motion 02-12 - DISCUSSION
Date: Thu, 23 Aug 2007 17:09:09 -0700
References: <02e501c7e580$09c2bb80$7301a8c0@scott><DEEPINFJNEMADKKEKGBPEEPLGCAA.lblumb@gmail.com>
In-Reply-To: <DEEPINFJNEMADKKEKGBPEEPLGCAA.lblumb@gmail.com>


>No Discussion
>
>-----Original Message-----
>From: [mailto:]On
>Behalf Of Scott Burow
>Sent: Thursday, August 23, 2007 8:21 AM
>To:
>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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>USGenWeb Project information can be found at: http://www.usgenweb.com
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