Theos-Talk Archives (April 2009 Message tt00141)

Dear Anton

It is clear from Rule 9. that the President's term of office is for a 
period of seven years only.  There is no provision in this rule for
further terms of office, each term being a separate unit.

********
Rule 9. President's term of office
The term of office of the President shall be seven years from the 
date of assuming office.
********

It was an error of judgement on the part of the General Council, at
its meeting in December 2007, to elect a Vice President for a three 
year term of office when the term of office of the President only 
had six months to run. 

Rule 11(a) does not require the term of office of the Vice President 
to be stated, as the rule itself limits the term of office to three years.

********
Rule 11. Nomination and election of Vice?President; his duties
(a) Within three months of assuming office the President shall 
nominate the Vice?President subject to confirmation by the 
General Council. His term of office shall be at the discretion of
the President but when the Vice?President has been three years in
office that office shall become vacant by the passage of time and
the President, within three months, shall again make a nomination
and submit it to the General Council. Notwithstanding this provision
the Vice?President shall remain in office and his term shall continue
until a successor has been nominated and confirmed. 
The Vice?President in office may be renominated. It shall be his duty,
among other things, to carry on the executive functions of the President
in case the President is dead or where the Executive Committee finds
that he is disabled by accident, serious illness or otherwise from 
performing the duties of the President.
********

The President nominated a new Vice President within three months
of assuming office for the new seven year term, the nomination was
strictly in accordance with Rule 11(a).

The term of office of the new Vice President was not stated in the 
nomination, so that it always remains at the discretion of the President.

The procedure for voting was the same method that has been used for 
many years, including the nominations in 2007, by postal ballot so that
all members of the General Council had the opportunity to cast a vote.
The only difference was that as Rule 11(a) did not require three months
notice to be given, the election was held from September to October.  
The Vice President was confirmed by a majority vote and the voting slips
were scrutinized and confirmed at the General Council Meeting in December.

No objections to the nomination of a Vice President, or to the procedure
of voting, were received until after the result was announced.  Thirty three
members of the General Council voted in the postal ballot, validating the
nomination and the voting procedure, by casting a vote and signing their 
names on a voting slip.

The Vice President in office who has dealt with the Rules and Regulations
of the Theosophical Society for many years, was one of the first to vote.

Rule 11(a) makes no reference to Rule 3. and does not require the 
Vice President in office to be removed from office before another
Vice President can be nominated.  Therefore, Rule 3. is irrelevant in
the replacement of a Vice President, and if used it would be in serious
conflict with Rule 11(a).  It would transfer the control of the term of
office of the Vice President to the General Council, and it would no
longer be at the President's discretion.

********
Rule3. Removal of General Council members and officers
It shall be competent for the General Council to remove any of its 
members, or any officer of the Society excepting the President of 
the Theosophical Society and excepting the General Secretaries of
National Societies, by a three?fourths majority of its whole number
of members, at a special meeting called for the purpose, of which at
least three months' notice shall have been given, the quorum consisting,
however, of not fewer than five members.
********

The status of the Colombian Section was that it did not qualify for 
voting rights under Rule 36(d) at the time of the election, as it only
had 52 members 

The status of the South African Section was that it qualified for voting 
rights at the time of the election as it had 5 lodges and 259 members. 

The status of the Greek Section was that it qualified for voting rights 
at the time of the election as it had 6 lodges and 108 members.

********
Rule 36(d) Minimum number of members for National Society
If at any time the number of members in good standing of a National 
Society falls below seventy or the number of Lodges (Branches) falls
below five the President may, at his discretion withdraw its Charter.
In the event of the Charter not being withdrawn, the General Secretary
of the Section concerned shall cease to have voting rights as a member
of the General Council until the necessary numerical strength is recovered.
********

Best wishes
Keith




--- In theos-talk@yahoogroups.com, "Anton Rozman" <anton_rozman@...> wrote:
>
> Dear Keith,
> 
> In regard to the Vice-President's election there seems to exist three important questions, namely: (1) Nomination of the new Vice-President while the old one was still in office (he has not resigned, he has not been removed), (2) Use of `unusual procedure of a postal ballot' for the confirmation of the new Vice-President from the part of the members of the General Council and alleged `irregularities', and (3) Unclear status of the General Council members from South Africa, Colombia and Greece. 
> 
> (1) As already said there are in the TS Rules and Regulations two relevant stipulations concerning this issue. Rule 11(a): 
> 
> Within three months of assuming office the President shall nominate the Vice-President subject to confirmation by the General Council. His term of office shall be at the discretion of the President ?; 
> 
> and Rule 3: 
> 
> It shall be competent for the General Council to remove any of its members, or any officer of the Society ? by a three-fourths majority of its whole number of members. 
> 
> You already made a comment that:
> 
> Rule 3 is an expulsion rule and would only be used to remove an Officer or Additional Member if they had committed an offence or misdemeanour. This did not apply to the Vice-President in office. A new Vice-President was nominated in accordance with Rule 11(a) ?
> 
> I am afraid that according to such interpretation the Vice-President who commits an offence or misdemeanor has far more rights then a regular Vice-President who can be, at the discretion of the President, taken from the office without any proceedings of the governing body of the TS. 
> 
> Maybe, dealing with the "political" (in a sense of the management of public affairs) aspects of the President's decision and the situation after the elections would bring us nearer to the truth.
> 
> Would you like to make any additional comment?
> 
> Warmest regards,
> Anton
> 
> 
> --- In theos-talk@yahoogroups.com, "keith_fisher@" <exsecy@> wrote:
> >
> > Dear Anton
> > 
> .....
> 
> > Please continue with your questions, the more we can bring out the
> > truth, the quicker the TS can return to the more important work it 
> > should be doing.  The untruths and misunderstandings are sapping
> > the vitality out of our wonderful society, if we can not be spiritual,
> > we can at least be kind. 
> > 
> > Best wishes
> > Keith
>