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As requested, the bylaws and the breaches

Posted By: Rich Munitz
Date: Monday, 3 January 2011, at 12:36 a.m.

In Response To: As requested, the bylaws and the breaches (Daniel Murphy)

Daniel, I will give my own personal opinion on your questions. I do not speak for the Board.

(1) Are these (dated 24 March 2009) the current By-Laws? If not, when were the changed in accordance with Article XI?

The by-laws were completely rewritten and adopted if I recall in about September 2010.

(2) If Rod Covlin was on the USBGF board until 20 May 2010, was he removed from the board in accordance with the By-Laws in effect then? Art. VIII, as of 24 March 2009, would seem to require first, a majority vote; removal for cause (four are specified; a Special Meeting called solely for the purpose of the board member defending himself; and a final 2/3 vote.

In my opinion, the removal from the board was not done in accordance with the by-laws in effect at the time.

(3) If Rod Covlin was on the USBG board in May 2010, why wasn't he listed as a board member in a USBGF "news" item dated February 2010?

I believe that this is because our web editors were very much learning how to use the website authoring tools at the time. They had not yet learned the distinction in WordPress between "pages" and "posts". Pages being dynamic content meant to be kept up to date, and posts meant to be dated "news" type items. The content you referred to was a post and probably should not have been put up as such, and if it was, it should not have been edited. I assume they were treating it as if it were a page and believed the information was rendered inaccurate due to the change and simply went to correct it.

(4) Whether or not the proper procedures were followed, did Rod Covlin subsequently resign from the board on 3 June 2010, effective 20 May?

Yes.

(5) What happened to the April 2010 "USBGF Board of Directors’ Statement on New York Post articles regarding Rod Covlin"? This link, originally given by Rich Munitz:

http://usbgf.org/bod-statement-re-covlin/

is dead.

No idea. The post has been deleted from the site as far as I can tell. Though with Rod no longer serving an official capacity, it may have been felt by someone that there was no further need for leaving a public statement up.

(5) Shouldn't USBGF By-Laws on its website be accessible by anyone, not restricted to members only? At the websites of, for example, FIDE, USCF, and DBgF, the by-laws are accessible by all.

I agree completely. I discovered the restriction earlier and raised the question internally. It was apparently posted as restricted to members by a staff member. The by-laws are now open to the public.

(6) Has Rod Covlin now transferred ownership of the USBGF trademark and the USBGF's URL, that Perry Gartner mentions, to USBGF?

Rod was unwilling to transfer ownership directly to the USBGF as originally requested in exchange for reimbursement of all expenses. Rod did transfer ownership to a separate 501c(3) charitable organization that we had to set up in order to permit him to donate our intellectual property.

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