From: Mike Swatek
Sent: Tuesday, July 15, 2003 4:00 AM
To: Frank Niro (USCF Exec Director); Barbara Vandermark (USCF Exec Assistant)
Cc: Ralph Bowman (USCF Scholastic Council Chair); Alan Pfeiffer (OCA President); Steve Sawyer (OSCO President); Jacqueline Bentele (OSCO VP); Sergey Galant (OCA Board)
Subject: Oklahoma Chess Association Leadership Changes

Frank and Barbara,

I noticed while reviewing some recent correspondence that you’ve been copied on email regarding some of the recent leadership changes in the Oklahoma Chess Association, USCF’s Oklahoma State Affiliate. The attached letter was drafted by four of the seven board members and was sent out to the OCA membership last week. If you have any difficulty opening it, the same letter is on the news page of the OCA’s new website at www.ochess.org . As you’ll see in the letter and on the website, we’re moving forward to properly conduct the business of fulfilling the OCA’s obligations to the USCF and all of it’s members in Oklahoma.

There have been some challenges to the legitimacy of Alan Pfeiffer’s elected position as Vice President on the OCA Policy Board, by those who no longer control it. It was obvious that Alan was under considerable duress from the verbal attacks that he experienced immediately following the OCA Annual Members Meeting, primarily from Steve Wharry in the parking lot as witnessed by others. In frustration, he did send a letter of resignation to Mr. Wharry the same evening. However, this resignation was retracted the following day after discussions with some of his numerous supporters. Alan has been directing the OCA’s way forward since then, due to Mr. Wharry’s resignation as president, which has not been retracted.

Objectively going through the logic of the OCA Policy Board status in consideration of the OCA bylaws (attached and linked from www.ochess.org) and Robert’s Rules of Order,  here is a summary of our conclusions:

1)    There is no provision in the OCA Bylaws for an officer resignation process.

2)    There is no OCA Constitution to provide any such provision.

3)    Per the OCA bylaws, items regarding procedure not addressed in the bylaws revert to Robert’s Rules of Order.

4)    There is no provision in Robert’s Rules of Order for an officer resignation process, other than to handle it as a normal motion.

5)    The OCA bylaws state, “The Policy Board is responsible for the management of the affairs of the OCA and shall perform other duties as specified in these Bylaws.”

6)   Also according to the bylaws, “a quorum shall consist of four members of the Board being present in person”. Therefore, if the four who called the meeting attend it, official OCA business may be conducted.

7)    Consideration of an officer resignation is an official business affair which should be raised as a motion, discussed and approved or rejected by a quorum of the board, like any other official business motion.

8)    Motions addressing the resignations of Secretary/Treasurer Frank Berry, Vice President Alan Pfeiffer and President Steve Wharry have not been officially raised and addressed by the board.

9)    Mr. Pfeiffer retracted his resignation shortly after sending it, and has been fulfilling his obligations since.

10)    Per the OCA Bylaws, “meetings may be held at the request of any member of the Policy Board provided that all Members have been given advance notice of the meeting”. Therefore, the upcoming 20 July Policy Board Meeting requested by board members Pfeiffer, Sawyer, Bentele and Galant is official.

11)      If Steve Wharry is not present at the board meeting, the bylaws have an explicit provision for the VP, Alan Pfeiffer, to preside in his absence to “execute the duties of the President when the President is unable to serve”.

 Considering that Mr. Pfeiffer’s resignation was tendered under much duress, per Steve Wharry’s email reply and witnesses, it would be reasonable to also consider the retraction shortly thereafter and not raise a motion at the board meeting to accept his resignation.

I hope this helps clarify the current situation of your State Affiliate for Oklahoma.

Thanks,

Mike Swatek, OCA Webmaster

For Alan Pfeiffer, Acting OCA President