When you receive the October Journal, please pay particular attention to the ad being run by Mike Ball. If the ad subject matter were not as serious as it is, I would laugh and ask who put the comic/funny ½ page in our Journal.
Regarding our proposed Bylaws: In spite of judges telling the MFTHBA we must have member approved restated Articles of Incorporation AND Bylaws in order to be in compliance with Mo. State law in order to enforce our developing Official rules, Standards & Policies; and the fact our current 2006 edition of the latter has been proven in court to be non-enforceable , then why has Mr. Ball seen fit to try scare tactics to suggest to members they vote against the proposed Bylaws? Please take note the proposed Bylaws were extensively reviewed by THREE practicing Missouri attorneys before publishing to the members. Why wouldn't he as a candidate for the office of President be more pro-active in support of our full membership? What's in it for him not to have the Bylaws passed? If he thinks the proposed Bylaws are the poorest written Legislation he's ever seen, ask yourself why during the 5 years he was in office, didn't 't he address the problem? Why, when the previous lawsuits were filed during his tenure, did he not seek counsel from an attorney allowed to practice law in the State of Missouri and develop Bylaws along with enforceable Official Rules, Standards & Policies?
Proposed Bylaw Article IV, Section 1. Membership and Eligibility . This section of the proposed Bylaws clearly spells out "Lifetime membership is for persons 18 years of age and over and will include all privileges and right afforded to MFTHBA members as outlined in the MFTHBA Official Handbook for the life of the member at a one time membership fee. For any member currently under the age of 18 having previously acquired a lifetime membership all rights and privileges with the exception of voting rights will be honored; at such time the member attains age 18 as of January 1 of the then current year, all rights and privileges of membership, including voting will be available."
Our current unenforceable MFTHBA Official Handbook states: Article IV. MEMBERSHIP, Section 1 Memberships and Eligibility, Item B-1 (Page 9) reads as follows: "Lifetime Membership includes all privileges and rights afforded to MFTHBA members as outlined in the Rules, Standards and Policies Book for the life of the member at a one-time membership fee. Applicant must be an owner in his or her name of a registered Missouri Fox Trotting Horse." Nowhere in our current unenforceable Handbook does it state than a lifetime member under the age of 18 can or cannot vote. How many of us have or would take advantage of the current ambiguity and vote our children or grandchildren's ballot? And for what purpose? Do you really think passage of the proposed bylaws are, as Mr. Balls states, "obviously taking away members '"Voting Rights" or are the proposed bylaws a matter of clarification?
Regarding Regional Representation: Please note that if we do not pass the proposed Restated Articles of Incorporation of the Missouri Fox Trotting Horse Breed Association, Inc. AND the proposed Bylaws – Regional Representation, even if passed by 100% of the membership, WILL NOT BECOME EFFECTIVE. I direct your attention to a section in the restated Articles of Incorporation of the Missouri Fox Trotting Horse Breed Association, Inc.
Proposed Restated Articles of Incorporation of the Missouri Fox Trotting Horse Breed Association, Inc. Article III, Section 1. Board of Directors: The affairs, business and property of the corporation shall be managed and controlled by its Board of Directors consistent with Missouri Nonprofit Corporation Act and bylaws of the corporation . The Board of Directors shall consist of officers and directors elected by the membership as set forth in the bylaws of the corporation.
Proposed Bylaw, Article III, Board of Directors, Section 2. Directors, Item A – Number: From the time of adoption of these Bylaws, the number of director positions shall number not less than seven.
Now, look at your Ballot for Proposition No. l – Regional Representation: At the bottom, it clearly states "A majority affirmative vote for regional representation will direct the Board of Directors to plan the implementation for the election of regional directors. " Geographic boundaries will be established based on the total count of members within a region. PLEASE DO NOT CONFUSE REGIONAL REPRESENTATION BOUNDRIES WITH THE CURRENT SHOW CIRCUIT REGIONS – THE TWO ARE NOT RELATED.
In closing, please cast your presidential vote very carefully. And, by casting your affirmative vote for the passage of the restated Articles of Incorporation, Proposed Bylaws and Regional Representation, you will help move our Association into a legally sound and proactive future.
Do feel free to pass this information on to your other foxtrotter friends. This is a very important election for all of us.
Thank You,
Janice Handel
Member of the California Fox Trotter Association