[Durham INC] INC By-Laws and Governance Regarding Membership and Voting

[Colin Crossman]

Hi Leslie,

Regarding the bylaws review you mention, the board had recognized these
issues and Tom Miller and I were asked to begin the review process. He and I
have met, and are working on a list of suggested changes and additions which
will tighten up these and other issues. In addition, we have to review the
bylaws to ensure compliance with Article 55A of the state statutes, as the
INC is a Non-Profit corporation.  Our goal is to have a set of suggestions
as a package which can be brought to the whole for discussion, and then
further modify with the groups comments and bring to a vote later this year.

In addition, the website task force will, in the next several months, be
rolling out a new dues and authorization form on the website, allowing
neighborhoods to pay dues, select and designate their representatives, and
ensure other accurate information, on the website itself.  We will also be
working to resurrect the historical minutes, and add these to the website.

Thank you,
Colin

--
Colin R. Crossman, Esq.
crc128 at gmail.com
919-452-3333
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On Sun, Jan 25, 2009 at 7:58 AM, Leslie Page <leslie at westdurhamrealty.com>wrote:

> Hi all,
>
> I received an email this morning which expresses a valid concern.  The
> email read, in part, as follows:
>
> "INC has so many people in it now that do not even represent the
> neighborhoods they say they do. Some of the
> neigborhood Associations haven't even heard of the folks who say they
> represent them. And at the highest levels (even on the Board). That's a
> serious problem..."
>
> I don't think this person was trying to single me out, but in the spirit of
> transparency, it did cause me to go back and more carefully scrutinize the
> by-laws regarding membership and voting privileges in INC.
>
> The DRAR joined INC in 2007 at the invitation of then President David
> Harris, who extended the offer of membership at a Delegate body meeting.
> We accepted the invitation, paid our dues, and I have attended meetings as
> its appointed delegate.  Last November, I was elected to the Secretary
> position by the Delegate Body.  I never thought to question whether or not
> we were eligible for membership and no one ever brought it up that I'm
> aware of.
>
> However, in reading the by-laws, it would appear that the DRAR's membership
> is not valid, since we do not qualify for membership as per Section 2.1.1
> or 2.1.2 of the INC By-Laws.
> http://www.durham-inc.org/2008121454/INC-Membership/bylaws.html  I am
> bringing this to the attention of the Executive Committee and Delegate Body
> for consideration and clarification as to whether or not the DRAR is a
> legitimate member of INC.
>
> Further, I am questioning my own eligibility to serve as Secretary of INC.
>
> Section 3.3.3 of the By-Laws states that "the Council of delegates shall
> have the authority and responsibility to:  fill any vacancy occuring among
> the officers,..."  It does not state whether or not the elected officials
> must first be a legitimate delegate in order to be elected.
>
> I share the writer's concern about the integrity of the voting process and
> would like to bring this item forward as an urgent business item for the
> Executive Committee and the Delegate Body.  I suggess a task force of
> legitimate delegates be formed to examine and, if necessary, amend the
> by-laws to clarify these issues.  Until my status to serve has been
> clarified, I will suspend voting.  I will, however, continue on in my
> duties as Secretary until directed otherwise by the Executive Committee
> and/or Delegate Body.
>
> As an aside, on the website's INC Board page
> http://www.durham-inc.org/2008121555/INC-Board/the-inc-board.html I am
> listed as a representative of Old West Durham, which is not correct.  I
> represent the Durham Regional Association of Realtors.
>
> Thanks for your consideration.
>
> Leslie S. Page, Broker, ABR, e-Pro
> West Durham Realty, LLC
> Specializing in Residential and Investment Property Sales and Management
> 919-286-9400 office
> 919-602-1963 cell
> mailto:Leslie at WestDurhamRealty.com
> http://www.WestDurhamRealty.com
>
>
> _______________________________________________
> Durham INC Mailing List
> list at durham-inc.org
> http://www.durham-inc.org/list.html
>
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