Protocol Amendment
| Protocol AMENDMENT Protocol proposal AMENDMENT 1) 6.03.03 Ratification of Elections: Submitted on behalf of the NYFTTA membership I) At the Annual Meeting, Immediately following the elections of NYFTTA Officers and Directors , the audit committee will tabulate the results and present, to the President of the Board, the outcome. The results will be announced, however the results will be tentative and unofficial until ratified and accepted by the NYFTTA Board prior to June 1st. AMENDED TO INCLUDE: OR THE FIRST ORDER OF BUSINESS AT THE FIRST BOARD MEETING HELD AFTER THE FIRST OF JUNE. After the Annual Meeting, the audit committee will seal the ballots and within 3 days, from the Annual Meeting, perform an analysis of the election. Any Director, Officer or member requesting to be present at the audit committee analysis will be allowed to view the process. The unsealing of the envelope will be witnessed and documented. The official election analysis will include: 1) the total number of Directors and member ballots submitted 2) the total number of yes votes, no votes and abstentions (including unacceptable ballots, counted as abstentions) for each candidate from the Directors portion of the election process. 3) the total number of yes votes, no votes and abstentions (including unacceptable ballots, counted as abstentions) for each candidate from the membership delegates portion of the election process. The audit committee report will conform to the NYFTTA bylaws: If a Director fails to receive a majority vote in either session, removal occurs. If a candidate for directorship fails to receive a majority vote in either session the seat is denied to the candidate. A simple majority of voting members are needed for ratification. A simple majority or ratification vote is defined by a majority of yes votes from the membership ballots during the membership portion of a meeting. Abstention are a non response and are not to be counted. The results will be forwarded to the President of the Board. The President of the Board will forward all results to the Board members and schedule a special meeting, within (30 days) (DELETE) AMENDED: 60 DAYS (and before June 1st) (DELETE)., AMENDED TO INCLUDE: OR THE FIRST ORDER OF BUSINESS AT THE FIRST BOARD MEETING HELD AFTER THE FIRST OF JUNE. for ratification of the NYFTTA elections. At the special meeting, AMENDED TO INCLUDE: OR THE FIRST ORDER OF BUSINESS AT THE FIRST BOARD MEETING HELD AFTER THE FIRST OF JUNE. The election results will then be presented to the Board. In executive session, the Board will be asked to accept the results and ratify the election. A motion and second is required,.A discussion may occur. Upon ratification of the election, the new or reappointed Board and or Officers will take authority on June 1, following the election. AMENDED: DIRECTOR(S) ELECTED WILL HAVE FULL AUTHORITY IMMEDIATELY (AUTHORITY IS PROVIDED UNDER THE NYFTTA BYLAWS, ARTICLE Vl SECTION 5) AND BE CONSIDERED AN ACTING DIRECTOR(S) UNTIL JUNE 1. The results will be posted on the NYFTTA website and results officially announced. The secretary will retain the election ballots and analysis for a period of 6 months and allow any member(s) in good standing, an opportunity to review the ballots and election results analysis. AMENDED AFTER BEING PRESENTED TO THE BOARD FOR "RATIFICATION OF THE ELECTION" If a motion to accept and/or a second is NOT secured. THE THE FOLLOWING WILL TAKE EFFECT: THE ELECTIONS WILL BE CONSIDERED "RATIFIED WITHOUT BOARD APPROVAL" If the motion to accept fails ratification by a simple majority of voting Board members, the following will occur: A) A new election will be called. The secretary will inform the membership and schedule a new election within 15 days (and before June 1) (DELETE). AMENDED: OR 15 DAYS AFTER THE FIRST BOARD MEETING HELD AFTER THE FIRST OF JUNE. In the event a new election does not occur by June 1 AMENDED: OR 15 DAYS AFTER THE FIRST BOARD MEETING HELD AFTER THE FIRST OF JUNE the following will occur: A) The audit committee will imposed upon the NYFTTA Board a penalty of $100.00 per day until a new election occurs. The penalty may not exceed $2,000.00. The penalty amount will be forfeited to a scholarship program (to be determined by the audit committee) for students in marine science. If needed, the audit committee may seek the services of an attorney, at NYFTTA's expense, to collect any penalty due. Within 10 days of a new election the audit committee will present, to the Board, at a special meeting, the results of the new election. The aforementioned procedure will apply. After the new elections , the audit committee will seal the ballots and within 3 days from the new elections, perform an analysis of the election. Any Director, Officer or member requesting to be present at the audit committee analysis will be allowed to view the process. The unsealing of the envelope will be witnessed. The official election analysis will include: 1) the total number of directors and member ballots submitted 2) the total number on yes votes, no votes and abstentions (including unacceptable ballots, counted as abstentions) for each candidate from the directors 3) the total number on yes votes, no votes and abstentions (including unacceptable ballots, counted as abstentions) for each candidate from the membership delegates. The audit committee will conform to the NYFTTA bylaws: If a director fails to receive a majority vote in either session, removal occurs. If a candidate for directorship fails to receive a majority vote in either session the seat is denied to the candidate. A simple majority of voting members are needed for ratification. A simple majority or ratification vote is defined by a majority of yes votes from the membership ballots during the membership portion of a meeting. Abstention are a non response and are not to be counted. The results will be forwarded to the President of the Board. The President of the Board will forward all results to the Board Members and schedule a special meeting, within 10 days., for ratification of the NYFTTA elections. Note: The existing Officers and Directors AMENDED: AND ACTING DIRECTORS, will retain their positions until the existing Officers and Directors AMENDED: AND ACTING DIRECTORS ratify the elections. The election results of candidates receiving a simple majority of voting members will then be presented to the Board. In executive session, the Board will be asked to accept the results and ratify the election. A motion and second is required,.A discussion may be held. Upon ratification of the election, the new or reappointed Board will have authority immediately following ratification. The results will be posted on the NYFTTA website and results announced. The secretary will retain the election ballots for a period of 6 months and allow any member in good standing an opportunity to review the ballots and election results analysis. AMENDED AFTER BEING PRESENTED TO THE BOARD FOR RATIFICATION OF THE ELECTION If a motion to accept and/or a second is NOT secured. THE FOLLOWING WILL TAKE EFFECT: THE ELECTIONS WILL BE CONSIDERED "RATIFIED WITHOUT BOARD APPROVAL" IF the motion to accept fails ratification by a simple majority of voting Board members, the following will occur: A) A new election will be called. The secretary will inform the membership and schedule a new election within 15 days. In the event that a new election does not occur within 15 days , the following will occur: A) The audit committee will imposed upon the NYFTTA Board a penalty of $100.00 per day until a new election occurs. The penalty may not exceed $2,000.00. The penalty will be forfeited to a scholarship program (to be determined by the audit committee) for students in marine science. The audit committee may seek the services of an attorney, at NYFTTA's expense, to collect any penalty due. This process will be repeated until ratification of the NYFTTA election of Officers and Directors occurs. Upon ratification of the NYFTTA elections and at the first meeting, after June 1, AMENDED: OR IMMEDIATELY, IN THE EVENT RATIFICATION OF THE ELECTION OCCURS AS THE FIRST ORDER OF BUSINESS AT THE FIRST MEETING HELD AFTER THE FIRST OF JUNE, the audit committee chairman AMENDED: OR HIS/HER DELEGATE, will administer the oath of office to the new or reappointed Directors and Officers. CLARIFICATION: IN THE EVENT, THE NYFTTA ELECTIONS FAILS RATIFICATION OR THE RATIFICATION VOTE OCCURS AS THE FIRST ORDER OF BUSINESS, AT THE FIRST MEETING HELD, AFTER THE FIRST OF JUNE, THE EXISTING OFFICER(S) (APPOINTED OR ELECTED PRIOR TO THE ANNUAL MEETING) WILL HOLD OFFICE UNTIL THE BOARD RATIFIES THE ELECTION; THROUGH THE ACTIONS STATED IN THE AFOREMENTIONED PROPOSAL. EXISTING DIRECTOR(S) AND ACTING DIRECTOR(S) WILL RETAIN THEIR SEATS UNTIL RATIFICATION OF THE ELECTIONS OCCURS. NEW OR REINSTATED OFFICER(S) WILL TAKE AUTHORITY ON JUNE 1 OR IMMEDIATELY FOLLOWING RATIFICATION. ACTING DIRECTOR(S) WILL ASSUME THE TITLE OF DIRECTOR(S) ON JUNE 1 OR IMMEDIATELY FOLLOWING RATIFICATION. DIRECTOR(S) AND/OR OFFICER(S) FAILING RE-ELECTION OR RETIRING OR RESIGNING WILL LEAVE OFFICE ON JUNE 1 OR IMMEDIATELY FOLLOWING RATIFICATION. This act will take effect immediately. This act will remain continuous unless revoke by the NYFTTA Board. Upon acceptance of this AMENDED proposal, the bylaw committee will submit this motion to the entire Board for approval and will be considered as an amendment to the NYFTTA bylaws. At the following meeting and in conjunction with the NYFTTA bylaws, a quorum present, the sitting Board, by a 2/3's majority approval vote from voting members, may adopt the succeeding motion as a permanent amendment to the NYFTTA bylaws. Upon adoption, the bylaws committee is ordered to inform the membership, by listing this ruling on the webs site (www.nyftta.org.) Passed 5/7/02 |