Theos-Talk Archives (December 1995 Message tl00380)

Hi everybody.

I am very glad to see the letter from Lodge Presidents on the bylaws. We
should all consider it providential that they took the time to look into
the procedural legal requirements of bylaw changes and were able to
detect serious short comings. But for their timely input TSA may in
ignorance of the legal requirement may have implemented those items which
are approved in the referendum only to find at a future date some lodge
challenging the validity of the bylaws and this leading to litigation
which could be very very expensive and unjustifiable waste of money.

However much we may want to move with haste in revising the bylaws we
need to do it in a very very open and orderly manner so that whatever is
done by TSA is bullet proof legally and morally. Otherwise a very heavy
price is likely to be paid in the long run both financially in legal
expenses - Chicago Lawyers do not come cheap and love to have clients
like TSA with multimillion dollars in the Bank and in terms of harmony
and unity of members.

Let hope that whatever is done relative TSA turns out to be in its long
term interests and has the full support of all members.

.MK Ramadoss

========================================================================
On 21 199512 Sy Ginsburg wrote:

> 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
>
> 191812 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
> INTERNET: THEOS-L