Wednesday, October 25, 2006

Special General Meeting Successful

(For pictures of the SGM and links to blog entries from other attendees, please see this comprehensive blog entry on Joey Coleman's blog. Paulman Chan has a bunch of photos on Flickr, as does Aleszcz. Chris Demwell has an excellent bird's-eye view photo of the SGM.)

It was a cold, blustery day yesterday on Burnaby Mountain, but that did not stop around 750 students from assembling in Convocation Mall for a Special General Meeting of the Simon Fraser Student Society (SFSS). Patrice Pratt was appointed Chairperson pro tem, and over the next three hours, students voted to impeach seven directors of the SFSS and to amend the By-Laws in two places to give increased autonomy to graduate students within the organization. The results of the votes on impeachment were as follows:

Director's namePositionIn favourAgainstAbstain
Shawn HunsdalePresident724613
Margo DunnetExternal Relations Officer6131461
Wei LiInternal Relations Officer5732045
Glyn LewisMember Services Officer607223
Vanessa KellyTreasurer5971030
Marion PollockAt-Large Representative4922057
Erica HalpernAt-Large Representative38260155

The votes on the amendments in support of graduate student autonomy (note: not independence) were near-unanimous.

I am told that somewhere between 40 and 60 people attended the Annual General Meeting (AGM) taking place in the East Gym, including SFSS staff (who were all required to attend the AGM if they were working at that time) and a number of family members of "G7" directors, who were there to offer moral support.

Some random thoughts before I go to bed:
  • Instead of presenting arguments against impeachment, the handful of opponents of the impeachment motions in the hall resorted to a host of procedural tactics to try and prevent the meeting from taking place. One student raised a Point of Order, claiming that the Special General Meeting was invalid; the Chair ruled that point not in order, citing the legal letter [PDF] that SDU's lawyer wrote to the lawyer for the SFSS on that subject. Another student attempted to amend the agenda to add an unrelated matter (relating to residence students), preventing the assembly from dealing with the business that drew everybody to the meeting in the first place. Still another student unsuccessfully moved to eliminate all constraints on debate, potentially allowing a single fillibusterer to discuss Hamlet, etc.

  • The most comical event of the meeting would have had to have been when an anti-impeachment student tried to move to take the vote on the impeachment questions by roll call. That is to say, this student wanted the Chair to record, one by one, each of the 600+ assembled students' name and vote on the motion - a process that would take, by a conservative estimate, three hours per vote. The Chair announced that a vote would be taken on whether to adopt this change in the voting procedure; at this, Margo Dunnet raised a Point of Order, claiming that a roll call vote must be taken on the request of a single member. It took me great pleasure to cite the relevent provisions in Roberts Rules of Order, which clearly specify that a roll call vote shall be taken on a majority vote of the assembly :-).

  • That said, some of the opponents of the impeachment motions gave some actual arguments. One student objected to the general meeting impeaching directors over a human resources' decision (i.e. firing Hattie Aitken), a decision that, according to the Collective Agreement, must be kept confidential, thus preventing the G7 from effectively defending themselves. (This student did not note that these directors had, through their Member's Update and classroom speaking, doing exactly such defenses.) Another student claimed that Students for a Democratic University's (SDU) actions were mere political posturing to remove their ideological opponents and set themselves up for a return to power in the subsequent by-election.
  • The AGM apparently ended early, and several of the G7 and their supporters made their way to the SGM to participate in the debate. (Shawn Hunsdale was apparently unable to produce his SFU ID card, and so the registration desk was unable to verify his student status (or otherwise!) in our brand-new registration system. [By the way: THANKS Computing Science Grads for programming that system! It worked spectacularly and efficiently.])

  • One controversial issue was the time limits on debate. At the beginning of the meeting, we voted on a set of Special Rules of Order that provided that (1) each speaker would be limited to 3 minutes, (2) debate on each *motion* would be limited to 16 minutes, and (3) speakers would alternate between supporters and opponents of each motion. When the "G7" entered the room, they immediately complained that these limits were preventing debate, etc. Even worse, there was one student who kept calling the question after just two speakers had spoken (one for, one against), other than the initial debate on impeaching Shawn Hunsdale. I was very much opposed to this latter suppression of debate, but SGM members thought otherwise, consistently voting around 75% in favour of calling the question on each impeachment motion. Patrice Pratt told me that the assembly had every right to decide that they had heard enough debate on the issues over the past several weeks, an argument that I can understand, if uneasily. (Or perhaps the assembly didn't want the meeting to last beyond three hours [which is how long it lasted] in the cold.)

  • I left my place at the front table (where I had been serving as parliamentarian to the Chair) specifically to vote against the motion to impeach Erica Halpern. The vote totals show that impeaching her was far from unanimous. My reasoning (which extended back to August, when I was part of the minority of SDU that opposed adding her name to the list of impeachees) is as follows: Erica was not part of the Labour Committee that conspired to fire Hattie; and she abstained on many of the By-Law-defying, process-ignoring decisions that followed. Now, I certainly have no intention of voting for her in any future election; however, I remain unconvinced that Erica's actions warranted a measure so grave as impeachment.

  • The G7 aren't giving up! Some non-impeached directors approached the G7 after the vote, asking them of their position on the SGM. They were quite clear: the SGM is invalid, and the G7 are staying right where they are, exercising full control over the property, finances, and staff of the Simon Fraser Student Society. SDU is preparing a petition to the courts, and about a dozen of us have been tasked by our lawyer with writing affidavits in support of this petition. I will update this blog with any new information on the latest stage in this saga as it becomes information.

  • I and several other organizers of the SGM were wearing radio headsets so that we could communicate with each other during the meeting. But we were not the only ones wearing headsets! Indeed, I could see quite the contingent of mysterious individuals wearing headsets rushing around the meeting, and I overheard one of them attempting to persuade an SFU student to attend the AGM instead of the SGM. However, interestingly enough, most of them (as far as I could tell) did not enter the meeting area, remaining on the outskirts during the entire meeting. (The meeting area was fenced off, and one could only enter the meeting at one of the registration desks, provided that one provided proof that one was an SFU student.)

  • Oh, so cold! I was just wearing a fleece jacket over my shirt, which was entirely unsufficient to prevent me from shivering through the entire meeting....

  • MANY THANKS to all our volunteers! This event could not have been organized without all your help. Security volunteers, registration clerks, vote counters, runners, computer system techs, AV tech, Secretary, Chair, promoters, and many more all worked together, some contributing many hours of their own time, to make this meeting a well-organized success. Particular thanks go to Josephine Wong for coordinating the entire operation. In fact, Patrice Pratt and our lawyer told me that this was, by far, the most well-organized of any 'insurgent' volunteer-organized general meeting that they had ever attended.


And now, to start working on a midterm assignment due this Friday....

Labels:

22 Comments:

Anonymous Anonymous said...

amazing. totaly amazing. props to everyone who helped out in the organization, and even more props to the 1028 students who came out to allow democratic process to take place. this is history.
ana

2:11 AM  
Anonymous Matt Pagalilauan said...

Seriously Titus, I was impressed. I am more impressed however with the fact that we were able to take care of some business for the first time in what... 10 years

3:18 AM  
Anonymous Anonymous said...

Titus,
Shawn asked to be admitted to the "Gallery" and we had to tell him that outside of the fence is the Gallery. He did not oppose (at least not on our entrance) and seemed to understand that.

9:05 AM  
Anonymous Nonny said...

The impeachment is exciting and important, and I am really glad to hear that graduate students rights have also had their rights to self determination entrenched.
I hope the high turn out and first general meeting with quorum in 10 years speaks volumes to this board and that they respect what is clearly the will of their members, even if there are minor procedural debates.
Also, thanks Titus for noting your opposition to one impeachment. It is good to know for those of us not in the thick of it.

9:33 AM  
Blogger Desmond said...

Great work!

I tip my preverbal hat to you, Josephine and all the others who worked so hard at bringing the students’ will to bear at the SFSS. Student societies across Canada were watching, and student leaders who fail to uphold the rules take note! This successful event will be talked about for years to come.

Here, here!!

D.

10:45 AM  
Anonymous Anonymous said...

Thank you, Titus and the rest of the bunch that worked so very hard to make yesterday's meeting run as smoothly and successfully as it did.

12:12 PM  
Anonymous Sen. M.A. Koovisk (UBC Okanagan) said...

Consider me impressed with the results of this SGM. It seems you have a lot of work ahead, but the mandate of the students is to want these guys out of office.

As Desmond said, many other student societies are watching this vote with anticipation (and dread). This gives hope to those who have to deal with student governments like the former Board of Directors of SFSS, and for that, we thank you!

Good luck with the rest of your battle!

Sen. M.A. Koovisk (UBC Okanagan)

1:36 PM  
Anonymous Garett said...

"Particular thanks go to Josephine Wong for coordinating the entire operation."

Here, here.

1:41 PM  
Anonymous Anonymous said...

Titus, were 75% of quorum or all present possible voters or only people who actually voted yes/no (but not abstained) needed? How tight was Ericas impeachment??

8:43 PM  
Blogger Titus said...

My understanding of section 1 of the Society Act is that "75%" refers to 3/4 of the votes that are cast. Robert's Rules of Order explicitly states that an abstention does not count as a vote. My conclusion is that Erica's impeachment is legally conclusive.

8:52 PM  
Anonymous Anonymous said...

Does the lawyer advising the G7 represent them or the board of governors, or the SFSS as a whole? If he represents the G7, then why is the SFSS paying for it?

11:28 PM  
Anonymous Anonymous said...

As for why the SFSS would be paying for their lawyer, it is common practice for Directors to be indemnified by the Boards they sit on - so that they are not held responsible for legal liability. This indemnification is the Board's commmitment to cover legal bills in such situations. Whether you agree with the impeachment or not, defending current Board members would certainly fit within the definition of what is in the Board's best interests - thereby justifying legal expenses. Remeber in this case, we're referring to the Board as an entity onto itself - and that entity's best interests sometimes differ from what is in the best interests of the individual Directors. Whether you agree with its position or not, a Board does have a responsibility to defend itself.

7:23 AM  
Anonymous Anonymous said...

Hey, I think that the student asking about the residence stuff wasn't trying to stall proceedings, but was actually concerned about raising the issue. It just happened that so many stall tactics had been used already.

It was my impression from seeing him vote earlier that he was in favour of the impeachment process.

I actually felt a bit bad for him because it seems ridiculous that there is no appeals process in residence. But then, I know nothing about residence procedures.

9:09 AM  
Anonymous Dan said...

Residence is a mess in some ways.

Don Crane and $MANAGEMENT_ADVISOR (I'm uncertain of his name, AFAIK they've never corresponded with him throughout this entire fiasco) are the retained council/advisors of the SFSS for the purposes of indemnification, among other things. Walter Rilkoff was hired without Board approval, IIRC, by Shawn Hunsdale, and may or may not be paid by SFSS funds handed over by Vanessa Kelly. I say "may or may not" because last I checked (admittedly, a few weeks back) they have consistently refused to provide detailed financials.

9:26 AM  
Anonymous Nonny said...

My big question is, what now for the staff? It must be absolute hell to work there, and I wonder whether the fighting over who directs the staff can somehow be calmed down?

After all, a good chunk of the debate started with an effort to protect the staff from mistreatment.

I worry the staff are going to end up in the same situation as kids ina really nasty divorce--and the responsibility is on both sides to make sure this doesn't happen.

Even if the impeached directors are going to fight their impeachment, as we all expect they will, they should step aside and release control for the sake of their staff. They should just state that they step aside temporarily for the benefit of the staff and they do not release their option to contest impeachment. And I think the victorious side should puyblicly accept this, and then refuse to use the impeached vacating the office as "proof" that they accept impeachement.

After all, there is ample proof that the impeachment is legit--724 students worth--without involving staff in a tug-of-war.

Did the SGM elect any interim directors? That is part of the process that is possible according to the Society's Act.

9:56 AM  
Anonymous Anonymous said...

About indemnification:

"it is common practice for Directors to be indemnified by the Boards they sit on"

Indemnifying directors may be common practise, but the SFSS Board has not done this. In fact, this term the Board has established a position against indemnification, since in the late summer the Board passed a motion to sue any Director who might violate the conifdentiality of an in camera session.

"Whether you agree with the impeachment or not, defending current Board members would certainly fit within the definition of what is in the Board's best interests - thereby justifying legal expenses."

If we are talking about the time after impeachment, then I agree but disagree. Since the impeachemnt vote, it is at least unclear whether the (ex?)Directors are current Board members. If a judge were to later rule that the impeachment is valid then Don Crane would have been acting against his client (the Society and the Board comprised of the undisputed Board members) in representing the impeachees. It seems to me that this creates a circularity whereby if Crane defends them and loses then Crane himself will have acted wrongfully, which creates a conflict of interest for Crane himself.

10:07 AM  
Anonymous doviende said...

So i was at the board of directors' office all afternoon today, and the impeached ex-directors were still there pretending to be directors. The last of us left when the two remaining REAL directors were leaving the room, because non-board members aren't allowed to be in there without a board member present.

After we all left, marion pollock ran up and locked the front door so that she and glyn lewis were inside alone, and then the REAL board members all left...so marion and glyn were in there illegally. I've heard that security has now stated that they won't be taking any action in cases like this, until some kind of court rules on it.

I'd like to suggest that on monday we all go in and refuse to leave until all the impeached people leave first, so they can't do sneaky tricks like this. Also, how do we get their keys taken away? any ideas?

7:14 PM  
Anonymous Anonymous said...

Even if the impeachment is valid, the G7 are properly considered interim directors. They're not "fake directors", or whatever Lypkie likes to call them.

12:15 AM  
Blogger Titus said...

"Even if the impeachment is valid, the G7 are properly considered interim directors. They're not 'fake directors', or whatever Lypkie likes to call them." - last Anonymous

They are *absolutely not* "properly considered interim directors." There is no such thing as an "interim director" in our By-Laws or in the Society Act, nor does case law suggest that a director who is impeached continues to serve as an "interim director."

That legal letter the G7 sent to Pat Hibbitts proclaiming their intention to stay on as part of a "caretaker board" in the event that the Courts deem the SGM to be valid is total nonsense.

4:56 AM  
Blogger Joey Coleman said...

SFSS Forum reserves the power to fill any vacancies on the Board. Meaning that the lawyers claim that four Executive Board members are required, if valid, does not necessarily mean the G7 gets to hang around. It just means Forum would need to temporarily replace them.

10:43 AM  
Anonymous Anonymous said...

I believe the SGM was valid and sucessful as Titus states. There was quarum and the g7 should not be able not be acting the way in which they are, they should step down with dignity and respect.

1:39 AM  
Anonymous Anonymous said...

Date: Tue, 31 Oct 2006 18:04:55 -0800
Subject: Fwd: Message from President Stevenson regarding the SFSS
Controversy


To: The Campus Community
>From : President Michael Stevenson

I am responding to the current leadership controversy within the
Simon Fraser Student Society (SFSS). Last week, a Special General
Meeting of the SFSS membership was held in Convocation Mall. Seven
members of the SFSS Board, including four members of the Executive,
were removed from office by vote of those assembled. It is the
University's view that, pending a decision to the contrary by the
Supreme Court of BC, it must respect the outcome of the Special
General Meeting.

Six of the seven SFSS officers removed from office are challenging
the process and outcome of the Special General meeting and are
refusing to vacate their positions in the interim. In the face of
this refusal, many students and other members of the campus community
have contacted me to ask that the University intervene to protect the
interests of its students. The University has been monitoring the
situation very closely and is doing what it can to keep channels of
communication open and facilitate a resolution to this dissension
within the student government. However, the ability of the University
to intervene is severely limited by the fact that the SFSS is an
autonomous body constituted under the Societies Act of BC.

We understand that the students on both sides of this dispute have
retained legal counsel and will ask the Supreme Court of BC to decide
on the validity of the impeachment vote, but this may take several weeks.

In the meantime, and acting within the limited avenues available, the
University has encouraged lawyers for the SFSS and the Students for a
Democratic University to come to an agreement that will enable the
day-to-day operations of the SFSS to continue in a normal,
business-like fashion until such time as the courts clarify matters.

For those who have asked that the University "freeze" the transfer of
fees it collects on behalf of the SFSS, the University Act requires
that the University remit these fees to the Society. As is the
practice, an installment of student society fees for the fall
semester was transferred to the SFSS some weeks ago. The balance is
not normally remitted until late in the semester, by which time the
controversy should be resolved.



Mavis MacMillen
Executive Assistant
Office of the President
Simon Fraser University
8888 University Drive, Burnaby BC
V5A 1S6
Tel: (604) 291-4641
Fax: (604) 291-4363
email: mamacmil@sfu.ca

11:56 PM  

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