Borrowed a copy of the Carbondale Convention and Tourism Bureau's from councilman (and CCTB board member ) Chris Wissmann, and, as councilman Don Monty pointed out during tonight's city council meeting, you may not like what the board did, but they did not violate any rules in dong so. According to Article 3, section B: "The Board of Directors shall consist o of not less than fifteen (15) members, including the officers." Nowhere in the bylaws does it state anything about a maximum number. According to Article 5, section C, "A simple majority of the current Board of Directors shall constitutes a quorum for the purpose of conducting business."
Further, in Article 5, section E, "All actions of the Board of Directors shall require an affirmative vote by a simple majority of the Board Members present." Since the size of the board is not proscribed by the bylaws, the board appears to have the power to change the number of members on it by a simple vote and vote directors to those positions by a simple majority. Nor is there anything in the bylaws requiring such actions to take place at a subsequent meeting.
Apparently due to the contract the CCTB has signed with the city, giving the Bureau revenue from the city's motel tax, the city gets to appoint a certain number of members to the board, currently 8. According to councilman Wissmann, there is no language in the current contract mandating the city have a certain percentage of members on the board, something he hopes to insert in the next contract.
Further, from my reading of the board's bylaws, just because the Mayor chooses a slate of appointees the city retains under its current contract, the Board of Directors is under no obligation to seat them. Article 3, Section C states "Directors shall be elected by a simple majority of the current membership of the board." Plus, Article 3, Section F: "The appointment of individuals recommended to serve as Directors holding designated seats shall be approved as Board members at the next regular meeting of the Board of Directors. The Board of Directors shall act on all applications for request of a seat on the Board of Directors and may approve or deny such application in accordance with the Bylaws" (italics mine). Theoretically, the current Board could keep voting down Mayor Fritzler's appointees and keep doing business as long as a quorum of members of the expanded Board attend meetings. I don't think they will do this, but then no-one that I had spoken with expected them to vote to double the size of the board either.
Further, in Article 5, section E, "All actions of the Board of Directors shall require an affirmative vote by a simple majority of the Board Members present." Since the size of the board is not proscribed by the bylaws, the board appears to have the power to change the number of members on it by a simple vote and vote directors to those positions by a simple majority. Nor is there anything in the bylaws requiring such actions to take place at a subsequent meeting.
Apparently due to the contract the CCTB has signed with the city, giving the Bureau revenue from the city's motel tax, the city gets to appoint a certain number of members to the board, currently 8. According to councilman Wissmann, there is no language in the current contract mandating the city have a certain percentage of members on the board, something he hopes to insert in the next contract.
Further, from my reading of the board's bylaws, just because the Mayor chooses a slate of appointees the city retains under its current contract, the Board of Directors is under no obligation to seat them. Article 3, Section C states "Directors shall be elected by a simple majority of the current membership of the board." Plus, Article 3, Section F: "The appointment of individuals recommended to serve as Directors holding designated seats shall be approved as Board members at the next regular meeting of the Board of Directors. The Board of Directors shall act on all applications for request of a seat on the Board of Directors and may approve or deny such application in accordance with the Bylaws" (italics mine). Theoretically, the current Board could keep voting down Mayor Fritzler's appointees and keep doing business as long as a quorum of members of the expanded Board attend meetings. I don't think they will do this, but then no-one that I had spoken with expected them to vote to double the size of the board either.
Isn't it great when they make it so very clear that they are acting unethically? How many days can they last, now that the light is shining on them?
ReplyDeleteNot too long, especially with the city holding the purse strings. I doubt if they change the budgeted amount going to the CCTB at this late date but it could happen.
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