Theos-Talk Archives (December 1995 Message tl00379)

copy of letter mailed Dec. 18 1995

Theosophical Ad Hoc Committee
The Theosophical Society in Akron 693 Kenmore Blvd. Akron OH 44314
The Theosophical Society in Miami 831 S.E. 9th Street Deerfield Beach FL
33441
The Theosophical Society in Minneapolis 900 Mount Curve Ave. Minneapolis MN
55403
The Theosophical Society in Ravalli County P.O. Box 4763 Missoula MT 59806
Theosophical Society of Saint Louis 8124 Big Bend Blvd. Webster Groves MO
63119
The Theosophical Society in St. Petersburg 723 17th Street North St.
Petersburg FL 33713

Dec 18 1995
Board of Directors The Theosophical Society in America
C/O John Algeo President 1926 N. Main Street Wheaton IL. 60189
and its National Secretary
BY CERTIFIED MAIL RETURN RECEIPT

Dear Members of the Board of Directors of The Theosophical Society in America
and its National Secretary:

Upon examination of the last three issues of The American
Theosophist and the form of the Official Ballot we feel compelled to call to
your attention our view that the procedures required under the existing By-Laws
of The Theosophical Society in America as they pertain to the current
referendum vote on the revision of the By- Laws have not been followed.
Therefore the vote on this referendum whatever the outcome cannot be valid.

Our basic reasons for so concluding are as follows:

1.The fact that the proposed "resolution" passed by the Board of
Directors submitting the Amendments was not published by being quoted as is
suggested if not required by Section XI A of the existing By-Laws;

2.The proposed Amendments were not published in the form of an official
ballot in The American Theosophist within sixty 60 days of the determination
of the Board of Directors to submit the Amendments to the members of the Society
in a referendum as required under By-Law XI A Section 3;

3.The fact that a square was provided on the ballot in which a member
might vote "YES" upon all of the proposed Amendments but no corresponding
square was provided in which a member might vote "NO" upon all of the proposed
Amendments constitutes "electioneering" on the ballot contrary to law on the
matter of submissions of proposals to voters;

4. The first "question" submitted upon the ballot is so generally and
vaguely worded as to make it impossible for the voter to make an intelligent
choice as to what is being proposed;

5. After the determination that the schedule for permitting "about a
month" for discussion and sending in comments could not be maintained President
Algeo on Oct 05 at least this was the date of his letter stated that "we
have extended everything by a month" Who were the "we" to whom he referred and
how did they obtain authority to act as they did?;

6.The extension referred to above was not "published in the official
members' magazine" as required by By-Law XI A Section 03 and as a result
cannot be effective; and

7.To be valid ballots must reach the National Secretary on a date not
later than "the date fixed and published by the National Secretary as the date
of final return of such ballot" see By-Law XI A Section 03 and so far as the
membership can determine no "date of final return" has been fixed and published
as yet by the National Secretary in this instance.

In view of the foregoing it appears to the undersigned that the proposed
By-Law Amendments as presently being submitted to the members of The
Theosophical Society in America cannot be adopted validly by that membership
for want of a proper submission.

In conclusion we observe that the publication of the "Comments on the
By-Laws Revision" in The American Theosophist Early Winter edition 1995
contains two negative comments printed in small type followed by more extensive
COMMENTS printed in larger type refuting the negative comments. One short
positive comment was printed followed by no COMMENT. This is not even-handed
nor is it even fair to those who took the time and made the effort to comment on
very short notice. The lack of further comments evidences the confusion on the
part of members caused by the failure to comply with the existing By-Laws.

We further observe that the Early Winter edition of The American
Theosophist began reaching members on 191212 1995 whereas the Official
Ballots began reaching members on 192811 1995. Consequently many members
voted before even seeing the comments in The American Theosophist.

In Theosophy

Lori Whitfield President The Theosophical Society in Akron Tel: 216-836-9959
Seymour Sy Ginsburg Attorney-at-law President The Theosophical Society in
Miami Tel: 305-463-8900
Rolf J. Canton President The Theosophical Society in Minneapolis
Tel: 612-822-3155
Terry A. Wallace Attorney-at-law President The Theosophical Society in
Ravalli County Tel: 406-251-3771
Carl Trauernicht Jr. Attorney-at-law Chairman Theosophical Society of Saint
Louis Tel: 314-421-0911
Mohamed Mokhtar President The Theosophical Society in St. Petersburg
Tel: 813-593-8277

Copies to:
Members of the Board of Directors individually
Lodge Presidents and Study Center Secretaries
Other interested members of TSIA for whom we have mailing addresses
Radha Burnier International President
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