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Home > Archive > Chess politics > January 2007 > Joel Channing Also Asks Counsel How to Get Rid of Sam Sloan
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Joel Channing Also Asks Counsel How to Get Rid of Sam Sloan
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| samsloan 2007-01-30, 8:26 pm |
| Joel Channing Also Asks Counsel How to Get Rid of Sam Sloan
BINFO 200603309
Date 2006-08-02
From joel
Subject Removal of directors
* Subject: RE: FW: Removal of directors
* From: "Joel Channing" <joel@xxxxxxxxxxxxxxxxxxxxxxx>
* Date: Wed, 2 Aug 2006 14:02:57 -0400
?
-----Original Message-----
From: Chessoffice@xxxxxxx [mailto:Chessoffice@xxxxxxx]
Sent: Wednesday, August 02, 2006 1:07 PM
Subject: Re: FW: Removal of directors
In a message dated 8/2/2006 11:19:21 A.M. Eastern Daylight Time,
bhall@xxxxxxxxxxx writes:
Requested information ...
Bill Hall
Executive Director
United States Chess Federation
P.O. Box 3967
Crossville, TN 38557-3967
Phone: (931) 787-1234
Fax: (931) 787-1200
From: Michael Matsler [mailto:mmatsler@xxxxxxxxxxxxxxx]
Sent: Wednesday, August 02, 2006 9:36 AM
To: bhall@xxxxxxxxxxx
Cc: mcrush@xxxxxxxxxxxxxxx
Subject: Removal of directors
Bill:
As you requested, we have looked further into the issue
regarding removal of directors. As an Illinois not for profit
corporation, USCF is subject to that state's statutes and decisional
law. Under Illinois law the by-laws of the corporation are viewed as
the equivalent of a contract between its members and those chosen to
manage the affairs of the entity, referred to as directors. The USCF
by-laws as currently written do not provide directly for the expulsion
or removal of a director or prospective director; the executive board
may revoke membership after a hearing for cause upon thirty days'
notice, or the ethics committee may expel a member. Illinois law
further provides, however, that a director can be removed with or
without cause, as follows:
"In the case of a corporation with members entitled to vote
for directors, no director may be removed, except as follows:
(1) A director may be removed by the affirmative vote of
two-thirds of the votes present and voted, either in person or by
proxy.
(2) No director shall be removed at a meeting of members
entitled to vote unless the written notice of such meeting is
delivered to all members entitled to vote on removal of directors.
Such notice shall state that a purpose of the meeting is to vote upon
the removal of one or more directors named in the notice. Only the
named director or directors may be removed at such meeting."
Five questions I would be interested in asking Mike Matsler:
1) Is the Delegates meeting "a meeting of members entitled to vote
on removal of directors"? Harold Winston believes that only the
members who elect may remove, so the Delegates meeting could not
remove, but it could initiate a removal process with a 2/3 vote of the
membership required to remove.
2) Presently USCF has no recall process in its bylaws, but there
is a motion on the advance agenda to create one, which would allow
initiation of a recall by a 3/4 vote of the Delegates at the meeting
or by Delegate or voting member petition. If the Delegates approve
this motion, could they later in the meeting vote to initiate a recall
of a Board member whose term began earlier at the meeting?
3) Even if #3 is allowable, if the Board member being recalled has
committed no offenses during his brief term and the recall is based on
what he did before taking office, would that give him strong grounds
for a lawsuit?
4) If the Delegates vote not to certify the results of the
election even though it appears to have been properly conducted, would
this give an elected candidate strong grounds for a lawsuit?
5) It has been suggested that the Board revoke the USCF membership
of an elected candidate in order to prevent him from being seated on
the Executive Board. It can be reasonably argued that though this
candidate has behaved in a way that would violate USCF's "Standards of
Conduct for the USCF Executive Board" were he on the Board, he has not
behaved in a way that would justify revocation of membership. For
example, numerous USCF members are prison inmates and some have been
convicted of murder, but it has not been suggested that their
memberships be revoked. Would revoking this membership provide strong
grounds for a lawsuit?
Bill Goichberg
Go ahead and ask. But be sure to ask a top notch litigator (I
don't know Matsler's expertise) because anything that isn't
overwhelmingly in our favor is liable to be the subject of a lawsuit.
Joel
Please let us know if we can be of any further assistance.
Note that in my absence due to vacation from 8/9 to 8/22 you can
contact Maureen Crush or Shay Humphrey in our office.
Michael Matsler
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| Louis Blair 2007-01-30, 8:26 pm |
| ___"... Through the entire week of August 7-12, Joel Channing engaged
in
___non-stop meetings with Truong and other anti-Sloan people trying to
___think of ways to prevent me from taking office. ..." - Sam Sloan
(Fri
___Dec 15, 2006 10:18 am)
___"... Anticipating [a campaign for a delegate motion to prevent Sam
___Sloan taking office], Bill Hall and I contacted our attorney so
that we
___would be prepared to address issues that might arise at the meeting
___relative to [Sam Sloan's] seating. The attorney confirmed what we
___thought, that there was no way to prevent [his] seating that did
not
___involve substantial risk to USCF.
___
___I participated in one meeting at Oak Brook with those concerned
___about [Sam Sloan's] seating. Those present were Paul Truong, Duane
___Barber, Bill Hall and myself. Bill Hall and I presented the
lawyer's
___advice and tried to persuade Paul and Duane that delegate action to
___prevent [Sam Sloan's] seating would be unwise. Paul and Duane were
___unhappy that we thought nothing could be done and asked many
___questions, but in the end I think they were convinced.
___
___This was the only meeting of that type held in Oak Brook, as far as
I
___am aware. ..." - Bill Goichberg (Fri Dec 15, 2006 4:06 pm)
| |
| Louis Blair 2007-01-30, 8:26 pm |
| ___"... Through the entire week of August 7-12, Joel Channing
___engaged in non-stop meetings with Truong and other anti
___-Sloan people trying to think of ways to prevent me from
___taking office. ..." - Sam Sloan (Fri Dec 15, 2006 10:18 am)
___"... Anticipating [a campaign for a delegate motion to prevent
___Sam Sloan taking office], Bill Hall and I contacted our
___attorney so that we would be prepared to address issues
___that might arise at the meeting relative to [Sam Sloan's]
___seating. The attorney confirmed what we thought, that
___there was no way to prevent [his] seating that did not
___involve substantial risk to USCF.
___
___I participated in one meeting at Oak Brook with those
___concerned about [Sam Sloan's] seating. Those present
___were Paul Truong, Duane Barber, Bill Hall and myself. Bill
___Hall and I presented the lawyer's advice and tried to
___persuade Paul and Duane that delegate action to prevent
___[Sam Sloan's] seating would be unwise. Paul and Duane
___were unhappy that we thought nothing could be done and
___asked many questions, but in the end I think they were
___convinced.
___
___This was the only meeting of that type held in Oak Brook,
___as far as I am aware. ..." - Bill Goichberg (Fri
___Dec 15, 2006 4:06 pm)
| |
| samsloan 2007-01-30, 8:26 pm |
| I'm very angry at Goichberg and Channing. They wasted a lot of USCF
money to try to get me. They could have given me that money to design
the website.
Sam Sloan
On 27 Jan, 22:11, "Louis Blair" <l...@blackburn.edu> wrote:
quote:
> ___"... Through the entire week of August 7-12, Joel Channing
> ___engaged in non-stop meetings with Truong and other anti
> ___-Sloan people trying to think of ways to prevent me from
> ___taking office. ..." - Sam Sloan (Fri Dec 15, 2006 10:18 am)
>
> ___"... Anticipating [a campaign for a delegate motion to prevent
> ___Sam Sloan taking office], Bill Hall and I contacted our
> ___attorney so that we would be prepared to address issues
> ___that might arise at the meeting relative to [Sam Sloan's]
> ___seating. The attorney confirmed what we thought, that
> ___there was no way to prevent [his] seating that did not
> ___involve substantial risk to USCF.
> ___
> ___I participated in one meeting at Oak Brook with those
> ___concerned about [Sam Sloan's] seating. Those present
> ___were Paul Truong, Duane Barber, Bill Hall and myself. Bill
> ___Hall and I presented the lawyer's advice and tried to
> ___persuade Paul and Duane that delegate action to prevent
> ___[Sam Sloan's] seating would be unwise. Paul and Duane
> ___were unhappy that we thought nothing could be done and
> ___asked many questions, but in the end I think they were
> ___convinced.
> ___
> ___This was the only meeting of that type held in Oak Brook,
> ___as far as I am aware. ..." - Bill Goichberg (Fri
> ___Dec 15, 2006 4:06 pm)
| |
| Louis Blair 2007-01-30, 8:26 pm |
| ___"... At the time we were afraid of disruptions at the meeting
___and were receiving recommendations that we have Matsler
___there in person, plus a security guard. We opted for neither,
___but thought it prudent to ask Matsler questions the
___delegates might ask." - Bill Goichberg (Sat Jan 27, 2007
___8:39 pm)
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| samsloan 2007-01-30, 8:26 pm |
|
On Jan 27, 11:52 pm, "Louis Blair" <l...@blackburn.edu> wrote:
quote:
> ___"... At the time we were afraid of disruptions at the meeting
> ___and were receiving recommendations that we have Matsler
> ___there in person, plus a security guard. We opted for neither,
> ___but thought it prudent to ask Matsler questions the
> ___delegates might ask." - Bill Goichberg (Sat Jan 27, 2007
> ___8:39 pm)
It is ridiculous to suggest that Bill Goichberg wrote five letters to
the USCF's highly paid attorney asking how to get rid of Sam Sloan
just because Bill feared that somebody else, not himself, would try to
get rid of Sam.
I suppose that now Bill is going to tell us that he had nothing to do
with Donna Alarie's recall petition, even though Bill posted the
recall petition on his own website. Next, Bill is going to be telling
us that the recall petition was not a failure, even though he could
not get anybody to sign it.
I think that Bill should pay the lawyer's bill, not the USCF.
Sam Sloan
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| Louis Blair 2007-01-30, 8:26 pm |
| Sam Sloan (samhsloan@gmail.com)
(NNTP-Posting-Host: 68.199.111.161)
(28 Jan 2007 05:30:53 -0800) wrote:
7 It is ridiculous to suggest that Bill Goichberg wrote five
7 letters to the USCF's highly paid attorney asking how to
7 get rid of Sam Sloan just because Bill feared ...
_
"... does Sam Sloan still claim that there was an
'August, 2006' motion that 'contained five specific
allegations pertaining to' Sam Sloan's 'relationship
with Susan Polgar'? ..." - Louis Blair (27 Jan 2007
20:35:06 -0800)
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