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Absentee Ballots – Pro Statement Submitted by Deborah Axelson I am asking for your support of the Board’s alternative proposed amendment to the TICC bylaws which will require a vote by absentee ballot instead of using a general proxy. The alternative proposal accomplishes the same purpose but eliminates any confusion as to the language. The proposed amendment provides that a proxy may be executed for quorum purposes only; and, if a member wants to participate in voting on TICC matters, they would have to vote their own ballot either by absentee ballot or when attending a member meeting. Member Participation and Discussion Only 26 percent of TICC members are full time residents while 74 percent of the members are part time residents with the highest number of residents on the island between Memorial Day and Labor Day. In addition, the trend has been that more full time residents are becoming part time residents. By going to an absentee ballot, we can ensure that all members have the opportunity to vote as well as provide for a fair and equal representative vote. The use of an absentee ballot will actually encourage greater opportunity and incentive for member participation in a TICC membership vote, as well as provide opportunity to become better informed or involved in our community. It is the practice of TICC to use general proxies. Some will argue that member participation and discussion at the member meetings is important for determining a vote. I would agree that any discussion would add to an informed vote and I would encourage members to attend the meetings; but even with the use of a general proxy, a majority of the members does not attend the member meetings or benefits from any discussion. When using general proxies, members are essentially giving their rights and weight of their vote away to another member to determine the result of a vote. Some members may not vote or attend a meeting for a variety of reasons. However, I do not believe giving another member additional vote(s) is democratic or a fair and equal representative vote of the membership, nor does it encourage any involvement of the membership in member meetings. Consider the following. Between the years 1997 and 2007, the average lots represented by “members present” at an annual meeting held in July were 50 lots while an average of 57 lots were represented by proxy. That means out of 251 TICC member lots a small group of members could control and determine a vote of the membership. Additionally, any one member or group of members can collect many proxies and influence or greatly affect the outcome of the vote. A worst-case scenario is a vote can be pre-determined by a small number of proxy holders and in my opinion making:
Member Information To me, TICC, a non-profit homeowner association, is similar to a governmental organization. TICC Board members are elected and represent the membership; members are levied an assessment by TICC; and, TICC is responsible for the maintenance and upkeep of our common areas. The Board is responsible for acting on behalf of the membership in good faith, in the best interests of all TICC members, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Yes, the Board may be required to do more planning in order to get information out to the membership prior to voting on issues; but I do not believe this is unreasonable. If the Board is already fulfilling their responsibilities noted above, it would mean a conscientious effort by the Board would be necessary to document the Board’s justification for a request or recommendation put before the membership for a vote. Personally, I believe this would also provide incentive for good planning by the Board. Based on the Board’s reasonable inquiry or justification, it is up to the members to determine whether the Board has justified their request or recommendation to the membership. The Board has more tools for communicating with the membership now than in the past such as the newsletter and website. The Board may also conduct informational meetings, which would help to inform members of the issues and also generate discussion among the membership. We also now know that all matters voted on by the membership must be included in the notice of the meeting and a ballot cannot be changed at the meeting. Elections The Board is responsible for conducting all business of TICC. Therefore, election of our Board members is a vital and important part of member representation. During recent years, the problem of electing Board members has been getting volunteers. As it relates to vacancies, the Board attempts to find volunteers and fill those positions; or at the end of a Board member’s term accept names at the annual member meeting which are voted on by members attending the meeting. To me this procedure is not necessarily the most appropriate manner to handle elections as only those members attending the meeting have opportunity to vote for their representatives. The exception being last year, when additional names for Board member positions were submitted prior to the meeting notice being mailed so that the names could be included on the ballot. Also additional space is provided on the ballot for write in names. Using an absentee ballot and conducting elections may require more planning on the part of the Board. Considering the benefits of providing all members the opportunity to vote their own ballots and vote for their representatives, again is not unreasonable. Perhaps something we should give consideration to anyway. The Board may choose to develop rules and procedures for submission of names to include on the ballot prior to the meeting notice being mailed, or create a nomination committee to develop a process for elections and accepting nominations, or both. According to TICC minutes, TICC did have a nomination committee back in the 1980’s. In accordance with TICC Bylaws: (1) Board member vacancies are filled by the Board, and (2) Three-year terms expire immediately following the annual meeting. Therefore, if in the future we continue to have the problem of getting volunteers or names submitted in advance for the ballot even after a concerted effort is made by the Board to obtain names, the Board can still accept nominations at the annual member meeting. Because the position(s) are deemed vacant immediately following the annual meeting, the Board may then fill the vacancies at the annual Board meeting immediately following the annual member meeting. Absentee Ballots – Con Statement Submitted by member Gary Longmire The TICC membership has only one business meeting each year. This meeting is critical because it is where ideas are spawned. Members can interact with the Board and help set future direction. Proxy voting was installed to allow members who could not attend the meeting to vote. However, the person that they designated would be at the meeting to listen and/or participate in the discussion. This would give the person voting an informed vote. Ballot voting is in reality absentee voting. Absentee voting puts the burden of educating members on the Board. The Board must develop the pros/cons of each issue. The information you receive as a voter has been interpreted and screened by the Board. It is the Board’s perspective! Attendance at annual meetings could greatly decrease. By using ballot voting, people to not have to attend annual meetings to vote. Who wants to go to a two or three hour meeting if they feel they do not need to? |