[SBU Board] Fwd: District/Unit Annual Meetings and/or Elections

[JC Chupack]

FYI.  I'll have this on the agenda for our September meeting.

--JC

---------- Forwarded message ---------
From: ACBL <emailservices at acbl.org>
Date: Wed, Aug 12, 2020 at 10:39 AM
Subject: District/Unit Annual Meetings and/or Elections
To: <jc.chupack at gmail.com>


Dear District and Unit Presidents and Secretaries,

Paula Goedert, a corporate governance specialist, recommends applying the *cy
pres* doctrine which allows a court to amend a document to enforce it "as
near as possible" to its original intent in situations where it is
impossible, impracticable or illegal to enforce it under its original
terms. In your situation during this pandemic, that means that Units and
Districts in following their bylaws should do something reasonable in the
circumstances to hold their annual meetings and their elections.

There is Skype, Zoom and Go to Meeting, among other similar tools, to hold
a virtual meeting of the respective members. All that is necessary to hold
a legal meeting under most state laws is a quorum and a forum where people
can hear each other as they speak.

Regarding elections, Kelley Trejo (
Kelly.trejo at acbl.org) provides a referral to the electronic voting service
that the ACBL uses, www.simplyvoting.com. You may subscribe on that
website. However, there is also the low-tech method of First Class mail.
Using the mail, after the election committee accepts nominations (which
nominating process can be set up however works for the Unit or District),
those nominations are made known to voting members and the voters are
mailed a paper ballot with instructions regarding how to return it. Voters
are mailed an envelope containing (a) a pre-addressed return envelope
containing (b) a ballot and (c) a smaller envelope that holds the returned
ballot (so that the person who opens the voter's return envelope never sees
the voter's actual ballot vote).

It is important that notice be given regarding what the District/Unit plans
to do, informing their members of the when, where and how these events will
take place. Notice should be at least 30 days but, in any event, no less
than ten days before the event (check your Unit's/District's organizing
documents to see if they set forth a specific notice period and follow
that). For example, Districts and Units can use their magazine/newsletter,
their website and/or individual email to get the word out to their members.
The goal is to make sure that their membership is made aware and the
District/Unit should use several methods to try to let everyone know what
the plans are.

* These general guidelines are not intended to be legal advice.* These
matters are covered by state law and, if a District/Unit feels
uncomfortable following these general guidelines, they should consult local
counsel. If they can reach government offices, a call to the state Attorney
General's office of the state in which they are organized (they will
usually have a division that handles non-profits) might yield some guidance
for an entity organized in that jurisdiction.

If you have any questions, please contact Linda Dunn (
linda.dunn at acbl.org) or Kelly Trejo (Kelley.trejo at acbl.org
<Kelly.trejo at acbl.org>*).*

Stay safe,

Linda Dunn

In-House Counsel

August 12, 2020

CC: ACBL Board of Directors


-- 
JC Chupack
* Seattle ACBL Unit 446 <http://www.bridgeinseattle.org> President,
Web/Email Admin, & Publicity Chair
* Lead Technical Product Manager, Zulily <http://www.zulily.com>, Inc.
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