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Letter from Concerned Members of ACMOC

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2 years 2 weeks ago #242256 by Deas Plant.
Hi. Old Magnet.
It WAS the case for the five years before people like Wombat, Jan Meermans and Barstart, etc., came on to the BoD. These people, and others, recognized the situation and start making enquiries about the legal situation and began remedying the failures of the previous BoD. I have been fortunate to have a bit of a (slightly foggy) window into some of what this current BoD and some of those who recently stepped down due to term expiry have had to deal with and VERY little of it was/is pretty.

It didn't take 'five years' to find the mistakes. The 'mistakes' were made DELIBERATELY in the five years leading up to the current BoD and those whose terms have recently expired taking over. It was NOT this current BoD who FAILED to disclose returns and/or pay the appropriate fees. They are the ones who discovered the mess and set about remedying it.

To find the ones 'whodunnitt', you need to go back to 2014-15 thru 2018-19, and some of them were there prior to 2014.

Just my 0.02.

You have a wonderful day. Best wishes. Deas Plant.
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2 years 2 weeks ago #242265 by Old Magnet
I'm not buying it! So how long does it take to sound the alarm and make corrections.
I don't recall anyone coming outright and stating the problems, particularly where the membership could see it.
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2 years 2 weeks ago #242267 by Kurt Bangert

So why did it take "5 years" to figure that out"? Quite frankly its a "No Confidence" vote for the lot of them past and present.

 

OM - I have only been on the board during 2022 and cannot explain the why's or why not's of the past. What I can see is a board that wants to correct the situation. The first go at this was that all chapters must become "contract" chapters, which does solve the problem, but as we know, is not tenable for many "subsidiary" chapters. What Sue has done is lay out the problem that exists. As a board, we have committed to approaching this more thoughtfully. There are some groups now called chapters that may better fit under a different designation such as, "Social Affiliate" or some such description that more appropriately describes the nature of the relationship. Current "Subsidiary" Chapters that have assets, put on shows, or operate chapter-owned equipment will have to make a change as the status quo is no longer something that any one should want.

I am well aware that this is not pleasing news, but it is the reality we face. The "Concerned" group states that this board wants to eliminate chapters, that is not at all the case. The board is not making any decisions as to whether a chapter should exist or not, that is solely up to the members of the chapter. What we are saying is that "Subsidiary" Chapters, as they have been, must change to comply with rules that the board did not make nor can we change.

D4 D 78A 6678
D4 6U 1139
RD4 4G223W
D2 5U 1164
JD 350B
JD 420C

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2 years 2 weeks ago #242268 by Kurt Bangert

I'm not buying it! So how long does it take to sound the alarm and make corrections.
I don't recall anyone coming outright and stating the problems, particularly where the membership could see it.

OM - I don't think that anyone has ever just laid it all on the table. I am going to take a guess, but my opinion is that anyone that knew of this also knew how disruptive it would be.  There had to be a board in place that, on the whole, was willing to tackle it, and take the heat. My view is that the board as it is currently made up did act in a responsible time frame. I definitely know we're taking the heat!

I very much appreciate your comments, keep 'em coming and let's get this sorted.
 

D4 D 78A 6678
D4 6U 1139
RD4 4G223W
D2 5U 1164
JD 350B
JD 420C
The following user(s) said Thank You: Deas Plant.

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2 years 2 weeks ago - 2 years 2 weeks ago #242269 by Old Magnet
So if the Subsidiary Chapters worked prior to the five year period when fees and documentation was not completed, what prevents us from returning to that former status?
Last edit: 2 years 2 weeks ago by Old Magnet.
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2 years 2 weeks ago #242270 by Wombat
Subsidiary Chapters have never worked legally now or in the past, the situation has always been that they needed to be registered in the state in which they operate. The Five year thing, the Club itself was not registered because the annual returns for the Clubs registration in Oregon were not submitted nor the relevant fees paid, so the Club as whole was not protected, and all the membership were exposed.

I could say a whole lot more about Club management or lack of in the past, suffice to say it all came to a head in August 2018. the mess has taken a long time to sort out with volunteers doing their best, one step at a time. There is more to be done to finish the job, unfortunately things came to a halt during the first half of 2022, and only got going again about mid year. The Club needs to continue to restructure. The 'concerned members' seem to keep their gaze firmly fixed in the rearview mirror (this will only lead to crashing), the real pathway is keeping ones vision to the front and future.

Regards, Wombat

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2 years 2 weeks ago #242271 by Kurt Bangert

So if the Subsidiary Chapters worked prior to the five year period when fees and documentation was not completed, what prevents us from returning to that former status?

I believe, (and I would certainly stand corrected if Sue chimes in), that the five years is only in reference to the Club not submitting the required filings for itself in the state of Oregon. As far as subsidiary chapters go, the former status is the current status, nothing has changed. 

This is an inferior medium to discuss things like this, but here's what everyone should understand: We are working on is gaining absolute clarity on what needs to happen and what can happen in regards to subsidiary chapters. We know for certain that if all chapter were contract chapters, there would be no issue. However, we also know that is not workable for all current Subsidiaries. The Board's initial approach was a "one-size-fits-all" approach, we realized that was not going to work and have gone back to the drawing board to find a ways to work with everyone. This is a big task, the subsidiaries are vastly different from one another, some are primarily social groups that get together from time to time, and others own and operate equipment. 

I think it is reasonable to ask: How did we get here? The answer to that is: It started from the beginning, the subsidiaries should have been setup differently from the beginning, all of the boards since that time should have corrected it. For whatever the reasons, those things did not happen, and here we are.

More than anything this board is just the bearer of the news, we are not the creator of the problem. Also the board listened to feedback and changed direction, that's not a sign of weakness.

Thank you,

Kurt Bangert


 

D4 D 78A 6678
D4 6U 1139
RD4 4G223W
D2 5U 1164
JD 350B
JD 420C

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2 years 2 weeks ago #242272 by Old Magnet
So is the conclusion that a Subsidiary Chapter arrangement can not be made to work? That a central administration could not represent the Chapter membership and meet local State criteria.

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2 years 2 weeks ago #242273 by trainzkid88
part of the "fun" is in the U.S there is 51 different pieces of incorporations law and all of it has to be taken into account.

so what is fine in california doesnt work in texas or anwhere else.

each chapter bassically needs to be a incorporated group in its own right acording the law of there home state this way they are protected from personal liability if something goes wrong with thier group.

i dont know if its possible to have a setup insurance wise like we do for machinery clubs in australia in the states. our laws are different. we also only have 7 states to argue with each other and the federal government. same as in america each community group that wishes to be incorporated has to do so in the state they were founded.

as a member of my local machinery club i pay dues to my club and the national body. my club also pays a membership fee to the national body. this secures our insurances. we are still separate incorporated entities from a legal standpoint.

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2 years 2 weeks ago #242274 by Kurt Bangert

So is the conclusion that a Subsidiary Chapter arrangement can not be made to work? That a central administration could not represent the Chapter membership and meet local State criteria.

OM - There is no absolute conclusion at the moment. What we are still investigating is how many options we can put on the table so that each subsidiary can make the best choice for themselves. 

D4 D 78A 6678
D4 6U 1139
RD4 4G223W
D2 5U 1164
JD 350B
JD 420C
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