(05-23-2014 09:59 PM)Lurker Above Wrote: (05-23-2014 06:10 PM)lumberpack4 Wrote: Poor Tbringer, you don't even comprehend that without the minutes of the meetings you don't know how and when the ACC notified Maryland of the vote to raise the exit fee. You don't even realize that the motion to raise the fee can be left open from a prior meeting then pulled onto the floor. Why do you suppose that Maryland did not offer any ACC minutes with their defense? Don't you think poor ole Maryland would have attempted to prove they were not notified? Don't you realize that the ACC has that notification in their back pocket?
If you knew how a governing board operated, you would understand that Maryland has presented a half-defense based on their verbal claims that the ACC did not follow it's procedures. MD has offered no proof to it's claims, only their opinion and as we know opinions are like an anus, everyone has one.
So, does that mythical hanging notice also solve the ACC's problem that such changes to the Bylaws cannot take effect until July 1st the following year? Got a link supporting your special knowledge?
And why in the world would you speak so condescendingly to someone while spewing unsupported "facts" such as, "Don't you realize that the ACC has that notification in their back pocket?". Really? You obviously have no idea how litigation works. Please stop with the make believe.
Lurker - glad you asked here it is:
Section IV-4. Expulsion/Suspension/Probation of Members.
A member institution may be expelled,
suspended or placed on probation by the Conference only upon the favorable vote of three-fourths (excluding the member under consideration) of the members. To expel means a complete severance from the Conference in all sports. To suspend means a temporary severance under stated conditions from the Conference in one (1) or more sports. Among the reasons a member institution may be expelled, suspended or placed on probation for good cause is if it no longer participates in one or more sports which are required for membership in the Conference or if the member is required by the NCAA to discontinue such required sport because of violations of NCAA regulations or
becomes incompatible with the objectives of the Conference. In the event of expulsion, the Conference must provide the member institution with the specific reasons for expulsion and one year notice (on or before August 15 of any year in which event the expulsion shall be effective the following June 30). The institution will be assessed or paid a proportionate share of the fixed liabilities or assets of the Conference and will receive a proportionate share of that year’s distribution.
In the event of suspension or probation, the Conference may enforce penalties immediately. In any sport in which a member is ineligible for postseason play because of violations of NCAA or Conference regulations, the member may be suspended in that sport. If suspended, the member shall not be eligible for the Conference championship in that sport. The institution may be required to forfeit its share of any or all Conference revenues generated by that sport.
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Section IV-5. Withdrawal of Members.
To withdraw from the conference a member must
file an official notice of withdrawal with each of the conference members and the commissioner on or before August 15 for the withdrawal to be effective June 30 of the following year.
Upon official notice of withdrawal, the member will be subject to a withdrawal payment, as liquidated damages, in an amount equal to one and one-quarter (1¼) times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section V-1 of the Conference Bylaws, which is in effect as of the date of the official notice of withdrawal. The Conference may offset the amount of such payment against any distributions otherwise due such member for any Conference year. Any remaining amount due shall be paid by the withdrawing member within 30 days after the effective date of withdrawal. The withdrawing member shall have no claim on the assets, accounts or income of the Conference. (Revised: September 2011)
Article V. VOTING DELEGATES
The members of this Conference shall be entitled to one vote each. The voting delegate shall be the representative of the member institution, appointed by the president, or by the duly constituted authority of the institution, and shall be a regular full-time member of the faculty at the time of appointment or an administrative officer in that institution. The voting delegate shall be one whose primary duty is not in athletics. (Revised: May 2008)
Article VI. OFFICERS
Section VI-1. Officers.
The officers of the Conference shall be a president, a vice-president and a secretary-treasurer. The above officers must be voting delegates of their institutions. The president shall be the official representative of the Conference in all relations concerning intercollegiate athletics and, in cooperation with the Commissioner, shall foster compliance with all NCAA and Conference rules and regulations. The president shall preside at all meetings of the Conference, shall appoint standing and special committees after consulting with the chair of the Athletics Directors Committee and the Commissioner, and shall be an ex-officio member of all committees of the Conference. The president shall assure that proper notices of Conference meetings be given to the members and that an agenda be prepared for each meeting. The president shall have such other powers and duties as are normal and incident to such office (see General Policies & Procedures, Article X, regarding the President’s Award). (Revised: April 2008) The vice-president shall perform the duties of the president, until the next election, in the latter’s absence or disability, or when the presidency is vacated. The vice-president shall assist the president in the performance of Conference business when necessary and shall have other powers and duties as may be conferred by the president or by the Conference. The secretary-treasurer shall have supervisory responsibility of all records of the Conference, shall review the records of all meetings of the Executive Committee, shall report at each regular meeting the decisions of the Executive Committee rendered since the last regular meeting, and shall submit at the annual meeting a detailed statement of all receipts and disbursements of Conference funds. All accounts are to be audited by a certified public accountant.
Section VI-2. Election of Officers.
Officers of the Conference shall be elected at the meeting in May and shall continue in office from July 1 through June 30. Candidates for office must have served a minimum of two (2) years as a voting delegate to be eligible for an office. Officers shall be elected according to a rotation determined by constituent members and on file in the Conference office. Generally, each year, the current vice-president becomes the new president and the current secretary-treasurer becomes the new vice-president. A new secretary-treasurer is nominated and elected based on who is next in line for the position according to the Conference rotation. If the president’s position becomes vacant during the middle of a term of office, the vice-president shall assume the presidency of the Conference. If deemed necessary by the president, other vacant offices occurring between the meetings of the Conference shall be filled by the Executive Committee. The Executive Committee shall approve any needed adjustments to the rotation cycle. A new member to the Conference shall be added to the end of the rotation cycle. (Revised: May 2006)
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Article VII. COUNCIL OF PRESIDENTS
The Council of Presidents shall be composed of the chief executive officer from each member institution and shall have the complete responsibility for and authority over the Atlantic Coast Conference. The Commissioner shall serve on the Council as an ex-officio, non-voting member. The chair of the Council shall rotate among the voting membership on an annual basis and shall be chosen from an institution other than those already represented on the Executive Committee. The Council shall meet once in the fall (the second Tuesday and Wednesday in September) and once during the Men’s or Women’s Basketball Conference Championship, alternating annually. The meeting during the Championship shall also include the faculty athletics representatives, athletics directors and senior woman administrators.
Article VIII. EXECUTIVE COMMITTEE
The Executive Committee shall be composed of the president, the vice-president, the secretary-treasurer, the immediate past president, and the chair of the Council of Presidents. In the event the immediate past president ceases to be a representative of the Conference, a member-at-large shall be chosen by the Conference to serve on the Executive Committee. The Commissioner and the chair of the Athletic Directors shall serve as ex-officio members without vote. The Executive Committee shall transact the necessary business of the Conference between regular meetings of the Conference, subject to approval of the voting delegates at the next regular or special meeting. The Executive Committee is also charged with overseeing the management and operation of the Conference in accordance with its Constitution and Bylaws. A member institution may appeal to the Conference any decision or action of the Executive Committee. The Executive Committee may establish changes in the procedures for the general conduct of the Commissioner’s office. The Executive Committee shall meet at least two (2) weeks prior to the May meeting to review the budget prepared by the Commissioner and recommend a budget for the forthcoming year to the membership for approval at the May meeting. The Executive Committee shall conduct a mid-year budgetary review.
Article IX. COMMISSIONER
There shall be a Commissioner who shall be elected by a vote of three-fourths of the Council of Presidents at any regular or special meeting. The Commissioner shall serve as the chief administrative officer of the Conference and shall be responsible to the Executive Committee. The Commissioner shall ensure adherence to the principles of the Constitution and Bylaws by all members of the Conference. The Commissioner shall perform such duties as are prescribed in the Bylaws and such other duties as may be prescribed by the Executive Committee. The Commissioner shall have the powers necessary for the effective performance of the Commissioner’s duties.
Article X. AMENDMENT
Section X-1. Amendment Procedures.
This Constitution may be amended at any regular or special meeting by three-fourths of the members. The proposed amendment shall be submitted, in writing, four weeks before the meeting, through the commissioner to the Constitution and Bylaws Committee for review. The Commissioner shall send complete copies of the proposed amendments to all members at least fifteen (15) days before the meeting.
Section X-2. Effective Date.
Any amendments to the Constitution and Bylaws are effective July 1 following enactment,
unless provided otherwise
Lurker - Maryland can make any claim they wish. However the Constitution and Bylaws clearly state that any amendement can be made effective at anytime with the phrase "unless provided otherwise". The notification of the change from 1.25X to 3X requires the constitution committee to be notified but MD had no one on that committee. The wording of the original motion to go to 1.25X is the key to leaving the formula open at all times. Moreover, remember that the ACC members had this amendment on the table at prior meetings at a prior level. The 1.25X was a compromise from what was proposed the year before.
MD is in the unenviable position of litigating the meaning of the word "the". Does "the" meeting mean a specific meeting or does "the" include the meaning of any meeting at which the topic is discussed. To successfully claim lack of notice they have to establish what "the" means. Then they have to be able to prove the ACC did not notify them - a matter that is extremely difficult to establish since the ACC can claim they sent it by first class mail.
Section IV-5 does not define what constitutes a notice to all the ACC partners only that an official notice must be made. Using the reasonable man standard the ACC clearly must rely on MD public statements by Loh and Kirwan.
Section IV-4 is also critical. Section IV-4 allows the ACC to vote to suspend MD or expel MD.
Now, some folks want to think the ACC and its presidents are so stupid that they would leave themselves open on matters that easy to cure via some committee work and votes. They are entitled to their opinion, although I think they are silly.
It should be very odd to people that MD has produced NO MINUTES to support a single claim. None. Nada. Nyet.
The ACC office has the minutes.