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Old Mar 4, 2011, 12:23 pm
  #1  
nsx
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Motion Passed: Updated TalkBoard Guidelines - Filling Vacancies of Elected TalkBoard

Moved by nsx and seconded by SkiAdcock:
The existing TalkBoard Guidelines do not explicitly provide for filling a vacancy in the Vice President/Secretary position. In 2011 the TalkBoard faced this situation and held an internal election to fill the vacancy. To establish this precedent as permanent policy, Section 3.C.ii.b. shall be revised as follows (changes in italics):

b. Vice President/Secretary: Shall in the event of the absence or inability of the President to exercise his/her office become acting President of the TalkBoard with all the rights, privileges and powers as if he/she had been the duly elected President. If the absence of the President becomes permanent, the Vice President/Secretary shall become President of the TalkBoard. If the position of Vice President/Secretary becomes vacant for this or any other reason, the President shall conduct a new election for Vice President/Secretary for the remainder of the term.

The Vice President/Secretary is also responsible for recording and announcing TalkBoard motions and votes in both the TalkBoard Topics public forum and the Town Hall forum as provided for under TalkBoard’s voting and public notice guidelines and in doing so shall work with the public TalkBoard forum moderators to ensure that TalkBoard business on the public forum is handled effectively and in compliance with TalkBoard rules and procedures.
This vote will close on Mar 18, 2011 at 11:40 AM Pacific Time or after all TalkBoard members have registered their vote, whichever comes first.
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Old Mar 4, 2011, 5:01 pm
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Great job nsx!

Thank you for listening to the concerns and acting to resolve them.

^^^
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Old Mar 4, 2011, 5:09 pm
  #3  
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Potato - potatoe. Tomato - tomatoe. It's basically the same process that currently exists, but at least now any Prez who unexpectedly comes into the role won't have arrows flung at him/her because it's now formalized they are the Prez. Shrug.

Cheers.
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Old Mar 5, 2011, 9:27 am
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Originally Posted by SkiAdcock
Potato - potatoe. Tomato - tomatoe. It's basically the same process that currently exists, but at least now any Prez who unexpectedly comes into the role won't have arrows flung at him/her because it's now formalized they are the Prez. Shrug.
You obviously fail to see the point. Just because Spiff came to power via that process does not mean that that process "currently exists". The procedure does not "exist" until it is codified. Spiff may occupy the office (indeed, he legitimately serves as the "Acting President" anyway with all powers and responsibilities of the office) but holds no moral authority as substantive President until this resolution passes.

And the arrows being flung at Spiff are not because of any problem with him personally, but rather because he has still not bothered to take time out of his busy schedule to respond to those of us who raised the issue either privately or publicly. That arrogance is a poor reflection on the office of the President.
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Old Mar 6, 2011, 1:07 pm
  #5  
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Potato - potatoe on your first paragraph. I see the point. I don't necessarily agree w/ it. To me it's basically the same process/action. The current acting Prez does hold substantative once he switched up IMO because the guidelines never said otherwise. Now it's just formalized (presuming this passes) so there's no more of the illegitimate crap being slung around in future should the (presumably rare) situation ever occur again.

Actually you flung the arrows up front so lack of response after you flung them neither makes them valid nor makes a lack of response arrogant. I actually took it as a not wanting to get into a mudslinging fest.

Cheers.

Last edited by SkiAdcock; Mar 6, 2011 at 1:41 pm Reason: clarified something in first para...
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Old Mar 6, 2011, 1:40 pm
  #6  
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Originally Posted by SkiAdcock
...not wanting to get into a mudslinging fest.
For an American history analogy, President Tyler took the same approach in 1841, thank goodness.
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Old Mar 6, 2011, 2:47 pm
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Originally Posted by SkiAdcock
because the guidelines never said otherwise


If that's the best reason you can come up with, I'm even more grateful this is being codified.
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Old Mar 7, 2011, 3:54 pm
  #8  
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The guidelines then & now will pretty much be the same, so it's not like there's a big difference.

Just some that threw out the illegitimate stuff (which I thought was pretty tacky) will now have to find something else to complain about

This is purely administrative. 'Nuf said.

Cheers.
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Old Mar 7, 2011, 6:42 pm
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Originally Posted by SkiAdcock

Just some that threw out the illegitimate stuff (which I thought was pretty tacky) will now have to find something else to complain about

This is purely administrative. 'Nuf said.
The fact that the change needed to be made simply proves the point that there was a deficiency to begin with. You may dislike the fact that it was challenged as illegitimate, but that doesn't legitimize it.
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Old Mar 7, 2011, 9:53 pm
  #10  
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Originally Posted by SkiAdcock
The guidelines then & now will pretty much be the same, so it's not like there's a big difference. This is purely administrative....
^

Not to mention a solution in search of an actual problem.
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Old Mar 8, 2011, 8:21 am
  #11  
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There was an oversight in the guidelines. As the primary drafter of the guidelines I freely admit this. Jenbel, as my primary devil's advocate during the drafting the guidelines admits she missed it too.

We screwed up, the entire TB who drafted and approve the guidelines screwed up. You guys are fixing it.

B747-437B is correct, under the current guidelines Spiffy is Acting President. And nsx's position is illegitimate. Had I been on the TB when these illegitimate decisions were taken I would have protested. I watched them happen but was traveling and so didn't have the time or energy to protest.

But for future reference, the TB should NOT be making up rules on the fly or fudging 'interpretations' to cover problems with the rules. That's bad precedent. When a problem with the rules are found, the formal procedure for correcting the rules should be followed, imho, natch.
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Old Mar 8, 2011, 6:09 pm
  #12  
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Spiff became TalkBoard President precisely following the rules in place at the time, "with all the rights, privileges and powers as if he had been the duly elected President."

There was no written discussion of filling a vacancy in the VP position. So it was handled exactly as any other TalkBoard issue is handled, including the creation of the TalkBaord guidelines and hte amending of those guidelines -- by supermajority vote of the TalkBoard.

And only the Host (was this amended to say Community Director? I haven't followed changes since I've stepped off the TalkBoard) can declare something "unconstitutional."

Rabble rousing over administrivia notwithstanding, we had a remarkable, peaceful transition of power. Rare in the world these days, actually ^
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Old Mar 9, 2011, 9:05 am
  #13  
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Originally Posted by gleff
Spiff became TalkBoard President precisely following the rules in place at the time, "with all the rights, privileges and powers as if he had been the duly elected President."

There was no written discussion of filling a vacancy in the VP position. So it was handled exactly as any other TalkBoard issue is handled, including the creation of the TalkBaord guidelines and hte amending of those guidelines -- by supermajority vote of the TalkBoard.

And only the Host (was this amended to say Community Director? I haven't followed changes since I've stepped off the TalkBoard) can declare something "unconstitutional."

Rabble rousing over administrivia notwithstanding, we had a remarkable, peaceful transition of power. Rare in the world these days, actually ^
Lol, that's exactly what one would expect the former President-for-life to say.

But you qouted the TB guidelines very selectively. Here is what they currently say:

a. President: Will act as executive officer of TalkBoard, ensuring that timely consideration of issues takes place, keeping the parliamentary processes flowing, and providing liaison between individual TalkBoard members and the FlyerTalk Host. The President will also serve as a liaison between the TalkBoard and the moderator corps. The President shall comply with and enforce these guidelines as well as the FlyerTalk Terms of Service in the private TalkBoard forum. In the event that a TalkBoard member who is not already a moderator is elected as TalkBoard President, the Host shall decide who shall have moderator powers in the private TalkBoard forum with the understanding that the assigned moderator, if other than the TalkBoard President, shall use such power in close coordination with the TalkBoard President. In situations where there is lack of guidance from these guidelines or Roberts Rules of Order with regard to the conduct of TalkBoard business or the responsibilities and obligations of TalkBoard members, the President shall provide such guidance and/or clarity with the advice of the FlyerTalk Host until such time that these guidelines are amended to provide such guidance and/or clarity.
b. Vice President/Secretary: Shall in the event of the absence or inability of the President to exercise his office become acting President of the TalkBoard with all the rights, privileges and powers as if he had been the duly elected President. The Vice President/Secretary is also responsible for recording and announcing TalkBoard motions and votes in both the TalkBoard Topics public forum and the Town Hall forum as provided for under TalkBoard’s voting and public notice guidelines and in doing so shall work with the public TalkBoard forum moderators to ensure that TalkBoard business on the public forum is handled effectively and in compliance with TalkBoard rules and procedures.
Now, you could make the case that Spiff was within his powers as acting President to call an election for the VP/Secretary because there was a lack of clarity regarding electing a VP/Secretary...except that there IS clarity regarding the elelction of both the President AND the VP/Secretary:

a. The TalkBoard shall elect a President to serve a one year term no later than 4 weeks after the general election.
b. Any voting member of the TalkBoard with access to the private TalkBoard forum may run in the presidential election.
c. The presidential elections shall be conducted as follows: Any candidate garnering more than 2/3 of the total TalkBoard vote in the primary presidential vote shall be immediately declared the winner. If there are more than 2 candidates in the primary vote and none receive 2/3 of the total vote then a final vote shall be held between the top two vote-getters. In the final vote, the President shall be decided by a simple majority vote. If there are no more than two candidates for President, then there will be no primary election before the final vote and a simple majority will elect.
d. Once the new President is elected the TalkBoard shall elect a Vice President/Secretary to serve a one year term. Elections shall be conducted in an identical manner to the presidential election and shall be completed within 2 weeks of the election of the President.
e. Elections of the President and Vice President/Secretary shall be held by secret ballot.
f. Once both officers have been elected the Vice President/Secretary shall post a thread in both the public TalkBoard Topics forum as well as the Town Hall forum noting the election of the new officers.
So it is clearly written that the only time an election for a VP could be called is after the election of a new President which can only happen no later than 4 weeks after the general election.

The thing is, my former lord and President-for-life, we never contemplated that you'd quit (or die, for that matter! ) half-way through a term. So we never provided for it. And I guess we assumed if a VP/Secretary quit or died halfway through a term the Prez would do his or her job.

So by the terms of the TB guidelines as they stand today, Spiff is technically the acting President, and the acting President conducted an illegitimate election of a new VP/Secretary.

I'm glad that nsx and SkiAdcock (and hopefully the rest of the TB) are fixing this mess we left in the guidelines now, but I would have preferred if the acting President had worked to fix the rules before conducting the election of a new VP/Secretary rather than simply ignoring them. And I wish that someone on the TB had objected to the violation of the rules by the acting President. Had I still been on the TB I certainly would have.
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Old Mar 9, 2011, 9:22 am
  #14  
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Originally Posted by kokonutz
But you qouted the TB guidelines very selectively.
No,m actually I quoted the relevant piece of the guidelines that folks were selectively ignoring in order to make their case above....

The word 'acting' is in there. But the language very clearly says that the acting President is to be treated and afforded all power and authority as though s/he had been elected.

No illegitimacy whatsoever in the TB VP assuming the role of President. Period. No grey area at all. It's what the guidelines say.

Meanwhile, as departing TB President the former President did provide guidance on this point as called for by the guidelines. And the Host/Community Director was consulted.

All in accordance with the guidelines.

So it's not really surprising that your argument now collapses to the VP election was somehow illegitimate.

Except once we establish above that Spiff ought to be accorded all of the pwoers as though he had been duly elected, he's acting well within the guidelines.

And regardless, the TalkBoard itself was taking action based on 2/3rds majority, which is the fundamental source even of the guidelines themselves.

So it is clearly written that the only time an election for a VP could be called is after the election of a new President which can only happen no later than 4 weeks after the general election.
No, it proscribes that such an election shall take place at that time. It does not say that it is the only time such an election may take place. It does not say any other election is illegitimate. The guidelines are simply silent on the point, hence reverting to the previous pwoers and discussion in the event of ambiguity.

If it were otherwise then you would have to contend that being a day late at the beginning of a term would mean the TalkBoard could not have a VP for that term...
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Old Mar 9, 2011, 9:39 am
  #15  
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Originally Posted by kokonutz
Lol, that's exactly what one would expect the former President-for-life to say.
I wouldn't expect a former President-for-life to say anything...

...not if he was really President for life!
.
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