Theos-Talk Archives (May 1996 Message tl01477)

Thanks for Sy Ginsburg's response on the question of TSA Voting Tally
matter. As an attorney who is licensed to practice in Illinois but now
living in Florida, he is fully qualified to comment on the whole situation
from a professional point of view.

I am not sure if John Algeo sees any e-mail from theos-xxxx (which is the
only active maillist at this time on Internet). Hence have made a hard copy
and FAXed it to him for his information.

At this time it is very important to note that the whole request for the
vote tally information is 100% my idea as I want to take full credit for it.
Also all the researching on the IL Non Profit Corporation Act was done at my
own time. I am clarifying this to make it clear that it is my idea and it is
my efforts that is solely at the back of this correspondence.

As further developments take place I will keep you all informed.


        MK Ramadoss



At 08:20 AM 5/29/96 -0400, you wrote:
>Thanks to Ramadoss for posting John Algeo's response to Ramadoss's fax
>requesting information about the recent TSA election, and also for posting the
>relevant portions of the Illinois General Not for Profit Corporation Act.
In my
>view Ramadoss is correct.  The statute controls notwithstanding any
>corporation's bylaws to the contrary, and I am glad that Ramadoss has called
>this to the attention of national President, John Algeo.  Any member of TSA, or
>his agent or attorney, may inspect the books and records of the corporation at
>any reasonable time.  This would, of course, include the election results.
>
>In this respect, one would think that our national President, John Algeo, would
>be voluntarily forthcoming with information about the corporation, in this case
>information about the recent election.  This is, after all, the Theosophical
>Society in America, which is not only an Illinois corporation but presumably an
>organization dedicated to upholding the highest standards of behavior.  I
assume
>I am not incorrect about our corporation's dedication to high  standards.
>
>Unfortunately, in order for a member of such a corporation to assert his/her
>legal rights if they are not voluntarily given to him/her by those elected to
>run the corporation, an action must be taken, and I do not know how much more
>Ramadoss can do without incurring excess cost, from his location in San
Antonio.
>Words are useful, and we should all be thankful for his efforts, but sometimes
>words are not enough, and stronger action is required.
>
>Therefore, I would like to suggest to any fellow TSA member, who lives in the
>Chicago area and cares about the behavior of our corporate officers and
>directors, to assert his/her rights under the Illinois Statute, for relevant
>information.  If such information is not voluntarily made available, then an
>action in the Illinois courts would be necessary. It  would likely be rather
>quickly won.  Again, there are cost impediments, so  it would be necessary
for a
>member  who might have to hire an attorney, to pay for the expense of legal
>action, or to find an attorney who would work pro bono (without cost for the
>general welfare), or  a member who is an attorney  in the Chicago area, and
>would care to take this matter on.
>
>For those of you who did not see my earlier posting, I can give you the
>following information about the election.  I was a candidate for Southeast
>District Director, and was informed by our National Secretary, that I lost to
>the incumbent, Amy Furnans by a vote of 144 to 96.  I would also like to add
>that 78 members of the Miami Lodge, of which I am also a member, were denied
>ballots because the national President, invoked a purported bylaw change,
to not
>send ballots to members who have not been members for 2 years or longer.  Of
>these 78;  59 who were members before the purported bylaw changes were voted
>upon on 1/6/96, were denied ballots retroactively.  I would think Amy Furnans
>would be embarassed to take her seat on the Board of Directors under these
>circumstances.
>
>I am one of a committee of 7 members (3 of whom are attorneys),  who
pointed out
>to the national President and national Board of Directors,  numerous
>improprieties in the bylaw change referendum procedure, which in our view
>results in the purported bylaw changes being ineffective.  In spite of
this, the
>national President has presumed to operate under the purported bylaw changes,
>rather than voluntarily cancelling the referendum result.  Again, I know of no
>other way than legal action in the Illinois courts, to compel the national
>President and Board of Directors to change their decisions, if they will not do
>so voluntarily.
>
>By way of information, I wish to add that the Theosophical Society in Miami has
>previously voted that the TSA bylaw referendum is invalid and of no import.
>
>Finally, I wish to express the opinion that unless a substantial number of
>members of the Theosophical Society in America stand up and object to the
>corporate behavior of our national officers and directors where they believe
>such behavior to be improper, these officers and directors  will not listen to
>us.
>
>Sy Ginsburg
>
>