Saturday, April 12, 2014

The Constitution is not "just a guideline".

The most preposterous thing I ever heard an Aerie officer say is "the Constitution is just a guideline." Over 117 years, the Fraternal Order of Eagles has refined its Constitution and Statutes every year, for the protection of Eagle members from officers who are negligent or worse, and to ensure principles of transparency, accountability and democracy.

No one is perfect. I have visited about 60 Aeries over the past 35 years, and I'm not sure I ever visited one that was 100 per cent compliant. There is a limit, however, to how far we can allow Aerie officers to decide for themselves what is best for Aerie members. For better or worse, the members have the right in general meetings to make informed judgments about anything their officers wish to do - and within the limits of the Statutes, to tell them what they cannot do.

The Grand Aerie is taking a more active role in this regard, and expects the Provincial Officers to do likewise. We have been asked to set our own protocols at this year's OPA Convention in June, to ensure that every Ontario Aerie undertakes a Grand Aerie Survey of its affairs during the fiscal year. The Survey indicates where the President, Secretary, Treasurer and Trustees comply with their sworn duties; and, where they do not, there is room for explanation. Based on that and other information, the Provincial Officer conducting the survey may recommend either that one or more Local Aerie Officers be removed from office; or that the Aerie's Charter be suspended and a Grand Aerie Agent be brought in to run the Aerie until the situation is corrected.

It's a distasteful business but a necessary one. The Ontario Provincial Aerie has not conducted these Surveys very often in the past, at least until it was far too late. In addition to the five Aeries we still have, we have as a result lost an equal number - Aeries in Sudbury, St Catharines, Espanola, Ft Erie and Sarnia. I believe all of them could have been saved had we acted in time. A couple of years ago I declined an opportunity to be trained as a Grand Aerie Agent, certain I wouldn't have the heart for it.

In today's Lawrence Journal-World (Lawrence Kansas) there's a Town Talk blog by reporter Chad Lawhorn describing the suspension of the city's Local Aerie (Aerie 309 Mt Oread). The suspension notice on the Aerie door says it was done due to "at least a half-dozen violations of the by-laws of the organization, including violations of presidential duty, secretarial duty, treasurer duty and auditor duties".

The now-removed Aerie officers will hear April 18 when (or if) the Aerie will be allowed to re-open, and if so who will be allowed to continue in office.

The Statutes are clear. Section 5.2 reads "The Grand Worthy President shall have the power to remove and replace any Local Aerie Officer who neglects the duties of his office or is guilty of conduct injurious to his Aerie or to the Order.....Any Local Aerie Officer removed shall not be allowed to run for election or be appointed to any Local Office until three (3) regular elections have been held."

According to Section 39.4 "(a) The Grand Worthy President shall commission an Agent to represent a suspended Aerie. The agent is vested with all the powers of the Trustees and all other Aerie Officers and members, including but not limited to, the authority to act on behalf of the Aerie in all legal and governmental matters....(b) The Agent shall have the authority to remove and replace any officers of the suspended Aerie....Any officer so removed shall have no right of appeal...."

Members can download a copy of the Grand Aerie Survey form from the members only section of the FOE website.

2 comments:

  1. Looks good on paper if it's implemented.
    Head quarters should monitor things more looking for trouble implement action before the aerie is destroyed

    ReplyDelete
  2. Big trouble in 1039 Lansing mi need some fresh ideas sound advice

    ReplyDelete

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