Bylaw Committee Suggestions

In order for the AG’s office to become involved, one needs to provide documented PROOF of criminal action or malfeasance. There must be just cause reasoning applied before any action from the AG’s would commence.
This board is trying to right this ship and find the proper course. They have made some poor decisions, in my opinion, but have done nothing criminal that warrants a governmental investigation.

 

In a world where haters get all the ink these days, Sun City is filled with personal stories of small steps taken by seniors who are past their prime. It was one of the hallmarks of those initial years where DEVCO highlighted those buying here, "being back in the game." Initially, many thought the slogan just meant doing the fun stuff, golf, lawn bowling, dancing, arts and crafts, the list was abundant for sure.

But the real game changer, was the opportunity to take ownership in the process of self-governance, or by giving back to one of the dozens of civic or social clubs, or the multitude of churches. As years passed, the hospital opened with more than a thousand volunteers, followed by the PRIDE and the POSSE; all of which meant our lives were enriched by more than chasing a little white ball around the golf course.

It was, and still is the defining difference for both Sun City and Sun City West. We were built differently and logic would tell us to capitalize on all of those unique features built into our community. I'll never forget the day i mentioned to the GM when joining the board in 2012, we can't fix our problems overnight, but over the next 10 years, we will experience well over a 50% turnover in population. I told her if we work tirelessly to educate and engage them, we can rebuild the volunteer dynamic, that sense of community we were founded under and around.

Man, the light bulb went on in her head and realized if we pushed them away and just told them to have fun, the world was her oyster (or more apropos, Sun City would shape to her vision). And indeed it did. We fixated on golf, ignored technology, focused on fun and less reliant on volunteers, and we focused on being the cheapest. It would have worked brilliantly, other than she failed to understand how Sun City was built and why it was so successful.

It was and always has been, the people, the members taking ownership, being held accountable. The adage hangs in the museum, it was the concrete, steel and lumber that make buildings, people make the community. It was a commentary that was so powerfully crafted and so quickly flushed away to try and reshape us to be like all the others. It was folly.

This thread, while about something as boring (to me) as the "bylaws," is indeed the essence of our rebirth. When the board dispatches members who took the time to submit motions to the annual membership with nary a glance, they insult the very foundation this community was built around. As i mentioned a dozen years ago to the general manager, grow the community of involvement and commitment. Every event, every action the RCSC undertakes is an opportunity to do just that.

Is it any surprise when they do just the opposite, it has such a devastating affect? Not to me, i've watched year after year, as board members and GM's try and control the narrative by providing the answers with so little regard to the members who can and want to help them. Think i'm wrong? As the board ponders bylaw revisions, one RCSC member has crafted a potential working document that if nothing else is a brilliant starting point.

Sadly, he wasn't even invited to be involved in the game we were all told we would be part of back in 1960 DEVCO ads.

Think about that for a minute or ten. We've let bad choices dictate where we are for too long...start making better choices and you will start to see better outcomes. Life really is that simple.

 

I must admit to being pessimistic that a committee with no formal experience can improve upon what past committees with no formal experience had done. Where is that rake? We need to step on it again. The Board has exacerbated the issue by excluding motion makers (who took the time to read and understand the bylaws) and forming a "working group" which is not mentioned in the bylaws. OMG if we don't learn from history we are bound to repeat it. IMHO the easy answer is to bring back the legal, regulatory and ethics committee, provide them with a list of issues to be addressed and then ask for ALTERNATIVES on how to handle those issues with the pros and cons of each ALTERNATIVE NOTED. Let them procure specialized advice if absolutely required. The first step in any such undertaking is to do a comparative analysis of how our bylaws stack up against other like communities and to establish lines of communications between organizations regarding common issues.

I doubt false pride will allow a change in direction at this point. Oh well, to quote Frank Sinatra "I did it my way" And I would add words again and again and over again... Where is that rake?

 

I don't think it takes a genius to rewrite the Bylaws, but it does need to be accomplished by people who understand the purpose and the process.

The Bylaws are for the Members so in my opinion they need to be part of the process because they are the ones who are required to live under those rules.

There's plenty of templates of Bylaws out there. Robert's Rules has a a couple of whole sections describing their contents, what's necessary, the order in which the rules should be stated etc.

Much of the problem is, IMHO, is people make them to complicated by adding and duplicating rules that can be found in other documents, first mistake. Then they wordsmith it to death believing that the more words, the more official the rule sounds.

Keep it simple. Say what's required, say it once, and say it in the right place.

If they were to simply remove many of the rules that are found in other governing documents, you'd be surprised how many pages the current Bylaws could be reduced by.

And if they would move many of the long drawn-out administrative processes to Board Policies that shrinks them even further.

Once you understand that they have made Board Policies harder to amend than even the Bylaws themselves, because they have deemed them "business affairs of the corporation," that Members can't touch, you'll understand why they can be moved making the Bylaws much shorter.

Just my opinion.

 

Well said Tom and i took the liberty of reducing it down to the bottom line: Keep it simple. Say what's required, say it once, and say it in the right place.

I've watched for years the pretzel logic of twisting themselves in the wind and the words aplenty, and then wondering why those of us reading it couldn't follow the bouncing ball? I don't even blame them (board members over the years), as the general manager, who was there while i was on the board, had 100% control of what the bylaws said.

She apparently operated on the theory, more is better. Because by the time she left, everything but the kitchen sink was included in them. I still chuckle about the new resident packet i picked up 3 or 4 years ago that included a copy of the massive 36 page black and white document that even if someone read them, would be clueless of what they said.

I've argued it was all intentional and i always point out every change, addition and complication was approved by whatever board was in office at the time. We simply stopped placing much value in what the said and trusted more what she did, what we were paying her to do. If only there had been some accountability eh?

It's a new day, a new dawning and a damn straight to fix them so what they say can be understood and followed. We over-think everything when realistically less is better. The working group would be well served by re-thinking their decision to have 4 board members be involved, pair it down and add a couple of members who have a solid grasp of what needs to happen.

As always, just one guys opinion.

 

Bill, she included a bunch of Board policies in the by laws is because she was worried the RCSC would lose the Anne Stewart revenge suit. This was because the lawsuit was taking so long and the attorneys on both sides were inept. As we all know now the RCSC could set their own fees. That cost the RCSC and the D&O insurer $300k in fees.
The previous by laws committee spent time stripping the policies from the by laws as part of the entire package. By laws defeated the policies go back in. The persons who voted against really did not think of the ramifications.

 

The gospel according to Robert’s Rule of Order? Words matter Tom.

 

Yes they do, but how many times and in how many places do you need to post the rules?

When rules are located in more than one place it can cause conflicts. Change a rule in the Bylaws, which is a fairly easy task, that can also be found in the Articles or ARS causes a conflict.

But perhaps you can't think that far in advance?

 

So basically what you are saying Dave is the GM ran a 20 million dollar plus organization out of fear of one member? Do you realize how pathetic that sounds and how inept it makes every board member who let her do it sounds?

As i have written numerous times, Sun City West adopted Title 33 rather than getting into a pissing contest with SWOOG (a group similar to ARS) and damned if they didn't survive. Imagine the novelty of not being terrified of your members?

 

“Keep it simple. Say what's required, say it once, and say it in the right place.” ~ BP

…say it once, and say it in the right place.
Also good advice for TOSC posts, in my opinion!

 

Damn, if i followed that, i would have been done typing years and years ago.

 

LOL

 

I guess we may never know who is in the secret society of bylaw wizards. Sounds like something out of a Harry Potter novel.

 

You say that both attorneys were inept in that long ago lawsuit. Is there any professional you don't consider inept, Dave?

 

If only.....................

 

Way ahead of you, friend.

 

Many, but after meeting the attorneys representing RCSC and giving my view on things, it was apparent to me they were not familiar with this type of action of class action. They were more accustomed to large product liability cases, big difference. Basically, since I was not an attorney, they dismissed as some nice old guy that didn’t know what he was talking about. Big mistake, RCSC forked over the deductible on the D&O and the insurer paid the balance. This claim affected the premium were paid for the coverage and had to raise deductible to 100k all because they didn’t research what I said.

John, if you would like to discuss this case and how I saw a road to get rid of it early, happy to discuss.

Janet, stay in your own lane, your of of your league in mine.

 

"your of of your league in mine"

See what happens when you get a Liberal Arts degree in History?

 

Obviously not. The Bylaws that came out of your committee certainly did not follow those principals.

 

Even after several attempts, including the failed one torpedoed by a couple of board members, the document is still bloated. There's always that inherent fear of cutting too much. It would be far better to think of a realignment where the document flows from the Articles, through the Bylaws and culminates in the Board Policies, with the BP's containing the bulk of the organizations business affairs.

Don't make this harder than it should be. KISS.