Defrauding Alumni (Again)
Collins's letter to alumni not only was published in the D, it was also sent at College expense to every alumnus with a postal address. I had demanded that my reply to Collins, which was also published in the D, get similar treatment. Instead, the presumptive Executive Committee has devised this method of reducing a serious debate over complex matters to the level of a chat room, and accessible to a considerably smaller percentage of the alumni.
Let's be candid: Collins's letter is disingenuous and dishonest. Though he claims to be acting in the interests of a more democratic means of doing the Association's business, his practice is exactly the opposite--and he must know it.
Shall we start with the call for the special meeting itself? According to an e-mail message sent to a few alumni on October 27th (four days after the election) that meeting was to be publicly announced on Nov 1. That announcement appeared on the Dartmouth website (which, like every alumnus, I check every day, right?) Another announcement appeared in the Jan/Feb number of the Dartmouth Alumni Magazine, where the amendment for which the meeting was being called was NOT stated. Instead, the brief mention only said that the February 12 meeting was being called to amend the constitution so as to allow off-site voting.
Those of us who have been fighting since 2001 for off-site voting in all elections, as well as other reforms to loosen the grip of a small group of insiders on the AoA, saw an opportunity, and we immediatley begin to circulate petitions for signatures. We soon had far more than the required number, but the College closed rather early for the Christmas holiday; as a result, I filed the petitions in Blunt on the very first day the College reopened, Jan 3, and said more would be coming.
To my astonishment, David Spalding, the VP for ALumni Relations, called me, either the next day or two days later, and informed me that whether the amendments I had filed would be allowed would be up to Collins and the Executive Committee. Why? Because the deadline had passed.
Although amendments proposed by the Executive Committee must be posted three months prior to the meeting, the "guidelines" issued by the Executive Committee require that petitions for amendments must be filed four months prior to the meeting. In other words, we would have had to have filed our amendments a month before the EC called the meeting--indeed, a month before the EC was "elected."
Had Collins and his EC really had genuine alumni participation at heart, there were two escapes from this Alice-in-Wonderland absurdity. The first is that these "guidelines," which have never been voted upon by AoA members (except, possibly, by the 11 members of the EC), specificlly refer to the ANNUAL MEETING, not to a special meeting.
The second escape hatch is in the very same guideline, for it allows the EC to waive the requirement in unusual circumstances--and I would think that the peculiar conditions they had created would certainly qualify.
But Collins's surfeit of democratic generosity could not stretch so far. No, "fairness" demanded nothing less than denying the petitioners their opportunity to vote their will. But that's an old story. It goes back to 2001--and every year since.
What have the Apostles of Inclusiveness wrought? "The sole item of business is an amendment to the constitution proposed by the Executive Committee to allow voting on all future amendments via either mail ballot or on the internet. ... This would end the existing requirement that alumni must be present in person in order to vote on constitutional amendments."
Collins tells us that the EC heard the "clamor" for off-site voting for amendments. His hearing must be much better than mine. The clamor I heard was for off-site voting in ALL elections--and particularly the election of the Executive Committee. But THAT clamor Collins does not want addressed. Not with one of the amendments we filed. Nor with the much simpler expedient of issuing a new guideline rescinding the present guideline. That simple solution would have taken less time than the decision to call a meeting.
There is much more to be said about the EC's amendment--a dangerous instrument. And much more to be said about fairness in the discussion of the proposed constitution. And, finally, still more to be said about that cumbersome, inequitable constitution that severely cripples the unique role of Dartmouth alumni in steering their College.
Stay tuned.
posted by Tom Paine @ 10:18 PM
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CONSTITUTION
Preamble
In order better to realize the intent of Dartmouth alumni in their long years of struggle for participation in the affairs of their College that culminated in 1891, we, the members of the Dartmouth Association of Alumni and Alumnae, do hereby issue this Constitution as an instrument of our stewardship.
ARTICLE I. Membership
All who have matriculated for a bachelor’s degree at Dartmouth (excepting those who have requested to be removed from the roll of active alumni) will be members of the Dartmouth Association of Alumni and Alumnae (hereafter, the Association) upon the graduation of their class. In addition, holders of Dartmouth graduate degrees who have not been Dartmouth undergraduates will be eligible for membership upon receipt of their degrees, whereupon they may join the Association by registering as members of a corresponding Dartmouth class.
ARTICLE II. Officers
The Cabinet of the Association consists of a president, a vice-president, a secretary, and six associates, all of whom are elected by a majority vote of the membership. The term of each is four years, with the terms running concurrently. The three officers will be eligible for re-election to a second consecutive term in any Cabinet post; associates are limited to a single term, unless the second term would be as a Cabinet officer. Associates are not barred, however, from serving an additional term as at-large Councilors.
The chief duty of the president is to serve as executive of the Association. Within the parameters stipulated in Article IV, the president will propose dates and sites for an annual meeting of the Association, subject to approval by a simple majority of the Cabinet. With a majority of the Cabinet and the recorded consent of one-third of the Councilors, the president may also call and fix the date of any other plenary meeting. The president will also preside over all meetings of the Association, and, with the advice and consent of the Cabinet, assign committee members, appoint a parliamentarian, and nominate replacement officers for any vacancies that may occur.
The chief duty of the vice-president is to replace the president on all occasions when, and in all circumstances in which, the president cannot discharge his or her functions. In the event of a vacancy in the office of president, the remainder of the term will be filled by the vice-president. In addition, should the Association receive and disburse funds, the vice-president will perform the duties normally conducted by a treasurer.
The chief duties of the secretary will be to keep appropriate records of all proceedings and actions of the Association, and to conduct its correspondence. In the event that the offices of both president and vice president should fall vacant, the secretary will convene the Cabinet to elect replacements from its own membership
Each member of the Cabinet will serve on at least one of the standing committees of the Council (see below) and will keep the Cabinet apprised of the committee’s conduct of its affairs.
Any officer of the Cabinet may be removed for malfeasance or nonfeasance by a majority of the Cabinet and a majority vote of councilors physically present at a Council meeting. Should a vacancy occur in this manner, the Cabinet will select a new Cabinet associate for the remainder of the term.
ARTICLE III. The Alumni Council
The Cabinet of the Association will also serve as the Cabinet of the Council, and will discharge the corresponding duties in regard to the Council’s operation. Upon their election, members of the Cabinet are ex officio members of the Council, with full voting rights.
In addition to the nine members of the Cabinet, the Council consists of one representative from each qualifying class, plus three at-large members for each alumni trustee.
The terms of the at-large Councilors will coincide with those of the alumni trustees elected at the same time.
The terms of Councilors representing their classes will be determined by the classes, but will not exceed four years.
All councilors shall be limited to two consecutive terms of service.
ARTICLE IV. Meetings
The Annual Meeting of the Association must take place in the Hanover area of New Hampshire, normally within ten days before or after the College's Commencement Day. This date may be temporarily moved to another part of the year by means of a majority vote of the Cabinet, accompanied with a stated reason to appear in the designated alumni publication. By majority vote, and after obtaining the consent of at least a third of the Councilors, the Cabinet may also call a special meeting for any purpose.
The Alumni Council must meet at least twice a year, and one of those meetings must in part be in joint session with the Association members in their open annual meeting. Exchanges of opinion and information through available media are encouraged. The Cabinet may also call for off-site votes by the Council when time constraints militate against postponement until a full meeting can be convened.
Meetings of the Association and Council will be conducted according to Robert’s Rules of Order. Revision of the rules must also proceed as prescribed in Robert’s.
Voting members may vote on any matter at any meeting of the Association by being present in person or through proxy.
ARTICLE V. Election and Seating of Councilors
Candidates for At-Large Council Representatives can emerge in two ways:
(a) from the Nominations Committee (see below); and
(b) by petition. For petition candidates to gain a place on the ballot, they must submit no fewer than 100 petitions signed by Association members. No Association member can sign more petitions than the number of at-large seats being contested in that election.
In the election, in order to make representation for a substantial minority possible, Association members may mark their ballots for a number of candidates equal to no more than 2/3 of the number of seats being contested.
Class Representatives are elected by eligible classes and will be seated upon satisfaction of all the following requirements:
The Elections Committee must have approved, prior to the election, the length of the councilor’s term, set by a vote of the class, as well as the date and procedures for the election, including these necessary features: (a) a means of voting, not restricted to in situ submission of ballots; (b) participation of at least two class members as candidates in the election; (c) petition access to the ballot; (d) at least thirty days allowed for the gathering of petitions, and at least forty-five days for campaigning; and (e) candidate access to a class newsletter or similar class publication during the campaign period, which will be distributed and presumably received by eligible voters two weeks before the start of balloting.
The Elections Committee will have determined that a minimum of sixty-five members of the class had voted in the immediately preceding alumni trustee election. (Classes which have not had the opportunity to vote in such an election are initially exempt from this requirement.)
The Elections Committee will also have certified that the class has met its financial obligation to support the alumni periodical publication designated by the Council.
ARTICLE VI. Legislative functions of the Council and Association
The Council functions as the principal deliberative and legislative body of the Association. Its powers derive entirely from the Association, however, and the Association can ultimately, in a prescribed manner, override, rescind, or circumvent the Council’s actions.
The Council’s Standing Committees will be composed of Council members. Adjunct non-Council members of Standing Committees, not to exceed 1/3 of the committee’s total number, may be appointed by the President with the advice and consent of the Cabinet. Such Adjuncts will not be entitled to vote, either in the Committees or the Council.
Standing Committees, as well as Ad Hoc Committees approved by the Council and its members appointed by the Cabinet, regularly report to the Council and make summary reports to the Association at its Annual Meeeting, at which time they will be open to comment and questions from the floor.
Resolutions, whether emanating from the chairmen of committees or from individual councilors, will be first submitted to the Cabinet, which, acting as a rules committee, will assign their place in the order of business at the next Council meeting. Resolutions may also originate as a petition signed by 100 Association members; the Council will then act on the matter of the petition at its next scheduled meeting.
Resolutions that pass by less than 60% of the number of councilors may be referred to a vote by the Association, either in a special referendum or in the next Association-wide election, by a majority of the Cabinet.
A resolution, submitted as a petition that is signed by a number of Association members equal to 10% of the total number of ballots (not votes) cast in the previous election for alumni trustee, will be placed on the ballot as a referendum at the time of the next Association election. A measure's previous failure to pass by a majority vote in the Council does not disqualify its resurrection in this manner.
ARTICLE VII. Committees
The Cabinet will propose and describe the Standing Committees, which, after approval by the Council, will assign councilors and additional, adjunct Association members to them, not to exceed 1/3 of the total committee membership.
A majority of the Cabinet may approve the conferring of emeritus status for no longer than a single term to any council member serving on a standing committee whose continuing contribution is adjudged instrumental to the completion of a particular assigned task within its purview. Emeriti councilors will not be entitled to vote, either within committee or within the Council.
Although the Council will legislate the creation of Standing Committees and their functions, four Standing Committees are mandated by this constitution, and will not be subject to modification of their duties or membership:
A. Nominations Committee
This committee will:
1. Designate nominees for president, vice president, and secretary of the Cabinet and an additional nine nominees for the six associate Cabinet seats.
2. Designate five nominees for each set of three at-large Council vacancies.
3. Recommend three nominees for each vacancy in the office of Alumni Trustee to the Cabinet, which must approve the nominees by majority vote.
The Nominations Committee can begin receiving applications and suggestions for these nominations at any time, but no later than 90 days before the elections, and it must announce its choices at least 60 days before the election.
B. Elections Committee
This committee is responsible for the conduct of elections, pursuant to the provisions of this constitution. Rules, procedures or guidelines for elections written by this committee will not take effect until approved by a majority vote of all alumni voting in an alumni-wide, all-media election.
C. Publications Committee
At the initiative of the Cabinet and subject to the approval of the Council (unless over-ruled by a vote of the Association membership), this committee will designate or establish a periodical devoted to dissemination of information and opinion concerning alumni affairs, mainly financed (with the exclusion of advertising revenues) through the classes. It will also choose the editor, who will be responsible to the Association and Council through this committee. Annually, it will review the editor’s performance.
D. College Review Committee
This committee will gather and evaluate information pertaining to matters referred to it by the Council.
Its principal function will be to submit a State of the College Review, corresponding to the periodic assessment of the College by the New England Association of Schools and Colleges. The first such review will begin within a year of adoption of the election of the Cabinet and Council under this constitution and will produce a report three years later. Subsequently, the State of the College Review will begin three years after receipt of the NEASC assessment and be completed within no more than four years. The committee’s detailed State of the College report will be sent to the Board of Trustees; a summary will be issued to the Council and made available to all Association members.
ARTICLE VIII. Nomination and Election of Alumni Trustees
This constitution recognizes that, to avoid the need to amend the Dartmouth Charter in 1891, all parties agreed that the Association’s “nomination” of its choices for Alumni Trustees would be tantamount to election. Here, references to the election process should be interpreted as applying to that so-described “nomination,” and “nominate” here will carry its usual meaning.
The term of each elected Alumni Trustee is four years. If an Alumni Trustee chooses to seek a second tem, he or she will be subject to exactly the same procedures as any other candidate for the office and must be elected by the Association membership.
The Nominations Committee will announce that it will receive applications and suggestions for Alumni Trustee candidates 150 days before the distribution of ballots, and it will announce its selection 90 days before that distribution. It must offer three nominees if there is one vacant seat and five nominees if there are two full-term vacancies. Alumni Trustee vacancies caused by death or resignation in which the unexpired term is three or more years will be filled at the upcoming Alumni Trustee election. The Nominations Committee will furnish an additional two candidates for the unexpired term.
To be added to the ballot, petition candidates for Alumni Trustee must submit petitions signed by 500 eligible Association voters or 3% of the number of voters participating the previous Alumni Trustee election, whichever is the lesser.
Association members may vote for as many candidates as there are vacancies. Vacancies will be filled according to the candidates’ descending order of votes obtained. The vacancy (or vacancies) for the unexpired term (or terms) will be filled last (in descending order according to the length of the unexpired term).
Should three or more candidates be on the ballot, and the candidate with the most votes receive less than a majority. The candidate with the second largest total will have the option of calling for a run-off.
Article IX. Elections
All elections are to be designed and conducted so as to permit the broadest participation of eligible voters within the proper constituency. Election rules must in no case restrict voting to those physically present in Hanover, or any other specified location.
Prospective candidates may solicit signed petitions by posting, in the designated alumni periodical, their names, brief statements regarding their proposed candidacies, and an address at which further information may be obtained.
Candidates for the Cabinet and At-Large seats in the Council not nominated by the Nominations Committee must submit petitions signed by 100 Association members, or 1% of the number of voters who participated in the previous Alumni Trustee election, whichever is the lesser number, to the Elections Committee 60 days before the start of voting, whereupon they will be placed on the ballot.
After the Elections Committee has certified candidates, and at least 45 days before the scheduled start of voting, it will allot to each candidate an equal portion of an appropriate space, determined according to the office, in a designated alumni publication, for the purpose of stating personal qualifications and intentions regarding post-election conduct of the office.
The Elections Committee will supervise the election in a fair, impartial manner, insuring all candidates of the accuracy of the vote. All ballots are the property of the Association; they must be kept in a sealed, secure place for 60 days after the election, and in the event of a challenge of the election results, may be examined by a special committee consisting of representatives of affected candidates.
Article X Transition
Immediately upon ratification of this constitution, the previous constitution will be null and void, and all officers and representatives will cease their service. Within one month after ratification, the Vice President for Alumni Affairs will schedule an election for the Cabinet. All candidates in this Cabinet election will be on the ballot through meeting the requirement for signed petitions. Once elected, the Cabinet will establish a schedule for filling the remaining Council seats, and the Council will begin functioning with full powers once half its members have been elected.
ARTICLE XI Amendment
This constitution may be amended by a 60% vote of the Council, followed by a 70% vote of the Association membership voting.
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