Mark,1856 wrote:Vincent, Chicago Joe, and I along with others clearly had question and remarks, that you failed to respond on this post and other posts on this blog.
You failed your leadership duties when you negated to provide the transparency needed for changes of the Bylaws, and the other earlier changes you made(ARTICLE XVII), to the entire Membership. Our Clubs state and federal nonprofit status is based upon conditions set forth in the 501 C7 it clearly states this club is for the benefit of its members.
By not taking the changes, of the Club,s Bylaws, to the entire Membership you denied a majority of Club Members representation as defined in the 501 C7 nonprofit state & federal statues.
This Club was formed in the USA perhaps you are having a difficult understanding the difference between our two countries. Here we do not deny representation, we strive to to be transparent
and provide answers when questioned.
Oh, yes I was one of the users who through the trouble to update their profile .
Mark Bryant
Founding Club President
I have held back numerous times responding to your opinions of what “should be done” based on your and, as you’ve stated, other’s personal feelings regarding the club’s bylaws and leadership. I cannot remain silent any longer since I believe you have stepped over the line of decency or professionalism with your condescending and insulting comments. I fear you are ultimately going to damage the image and brand of the club that I care for.
Your claims of lack of transparency are unfounded. Your claims that any and all changes to the bylaws requires the member’s approval are wrong based on the club’s governing rules/regulations/bylaws.
The Manx Club is a California-based Nonprofit Mutual Benefit Corporation and therefore is governed by California Corporations Code, specifically under Part 3 7110-8910. Article 7150 (a) which allows for the board to adopt, amend, or repeal bylaws. http://leginfo.legislature.ca.gov/faces ... &article=5. Additionally, Manx Club Bylaws, Article XVII: BY LAWS: INSPECTION AND AMENDMENT, SECTION 2: AMENDMENTS, (b) As an aside, this provision in the club’s bylaws has been in effect at least since the last adoption of the bylaws on 1/25/14 when Chicago Joe was on the board. The recent revisions were done in accordance with the governing bylaws in effect (dated 1/25/14). I’ve been trying to find your previous comments regarding the adoption of the previous version of the bylaws, since the same issues you list would have been relevant then. Please direct me to them.
You have stated “under the clubs 501c7 nonprofit status this organization operates solely for the "Benefit of Its Members", there for Only the membership has the powers to amend the clubs Bylaws”, however after a lot of research I have not found a specific government reference document (e.g. California Corporations Code, specifically under Part 3 7110-8910 or IRS Exempt Organizations Determinations Manual https://www.irs.gov/irm/part7/irm_07-025-007.html or in the Manx Club Bylaws that supports the statement that “Only the membership has the powers to amend the club Bylaws”. To demonstrate that your comments are factual and not opinion, please list your legal reference(s) as I did. There may be other members like me, interested in reading them instead of taking your word for it.
In none of the legal documents, including our own club bylaws, is there any requirement to notify the membership of changes or ask for feedback regarding any changes to the existing bylaws. The current Board of Directors unanimously decided that the recent revisions should be and would be opened to the membership before adoption. The board advertised publically the review period (Apr 22 – May 6, 2016) on the official club forum. Those members who wished to review and comment on the changes did so – you included. As a “fact” a number of the suggestions/recommendations were adopted in the finalized version of the bylaws. For transparency, all of the comments and board responses were published here: http://www.manxclub.com/pdf/bylaws2016-feedback.pdf Again, there was no legal requirement to provide a review, feedback, or response but YOUR Board of Directors felt an ethical obligation to do so. As an added level of transparency, the membership was invited to attend the open board meeting at this year’s Big Bear event. Did you attend and comment? I didn’t see any indication in the official meeting minutes that you did. Are they in error?
As the club’s Membership Chairperson I invite you to run for the Board of Directors (again) so that you may help guide the Manx Club in a positive direction similar to those of us that are volunteering our time currently.