Marinello, Hanke, Sloan & Roberts be Permanently Expelled, Barred and Banned from the USCF

**Andrew Zito**

Sam Sloan wrote:

George John cites below a number of motions passed by the Beatriz
Marinello board to give itself authority it did not otherwise have.
George John claims that this was perfectly legal I disagree.

The USCF is a 80,000 member membership organization with a complex
structure. Like most comparable organizations, we have committees who
consider matters and take votes. These are then forwarded to the
Delegates for consideration. The delegates debate these matters and
motions are passed or failed.

The delegates then refer these matters to the Executive Board which
conducts meetings that are supposed to be announced and open. Any
USCF member should be allowed to speak at these meetings and have his
views heard. The Executive Board then votes and refers the results to
the Executive Director for action.

Instead of all this, Beatriz Marinello has just set up herself as a
one-woman dictator. She has repeatedly done things such as the Natrol
deal without even informing her allies on the board, much less her
opponents.

Virtually everything Beatriz Marinello has done in the past two years
has been in violation of the by-laws and in violation of the standard
and recognized proceedures for doing things in the USCF.

For this reason, and because of the irreparable harm she has done to
the organization, I believe that Beatriz Marinello should be expelled
and permanently banned from the USCF.

Sam Sloan

On 3 Aug 2005 11:58:47 -0700, "George John"
wrote:

Sam Sloan wrote:
On 3 Aug 2005 08:42:30 -0700, "George John"
wrote:

[SNIP]

I disagree. The USCF Board of Delegates clearly does have the legal
right, power and authority to expel a member.

The USCF Bylaws do NOT give this right. It is given to the Executive
Board with right of appeal to the Board of Delegates.

For example, Bobby
Fischer was expelled by "Objections Proceedure" by the Executive
Board.

Yes, the Executive Board does have the power to do this, but NOT the
Board of Delegates.

[SNIP]

I agree that no member should be expelled except for very, very
serious reasons. Whether Beatriz Marinello and Tim Hanke reach that
standard would be something for the delegates to decide.

I do not see how they have the power to decide this. There is nothing
in the Bylaws or any passed motion of the Board of Delegates that I can
find to support the idea of the Board of Delegates having the power to
expel a member.

I guess with a 2/3 vote they might be able to modify the Bylaws to do
so, but I think that would be an abuse of power. A motion like that
needs to be on the advance agenda so all members with an interest have
a chance to discuss such a motion with the Delegates.

I would not make the motion but if somebody else made the motion I
would vote to expel them both for the following reasons:

1. Tim Hanke has been missing since February 10, 2005.

This is false, and has already been rebutted. How many more times will
it be necessary to do so? For example, Hanke participated in the May
21, 2005 Executive Board meeting.

[SNIP]

A) Beatriz had herself appointed Chief Operating Officer, a clear
violation of the by-laws which state that no member of the board can
be an employee or officer of the USCF.

The Executive Board voted in favor of this. While it is not a "best
practice", I see nothing in the Bylaws that prohibits this. All that
is prohibited is a USCF employee running for the Executive Board and
being a Delegate.

B) Beatriz endorsed Natrol, a drug that claims the ability to speed up
the brain, and she accepted money from Natrol and had their ad put on
the USCF website, all without even notifying the board.

While Beatriz has accepted *responsibility* for the Natrol deal, it is
not at all clear how the actual deal came into being. In any event,
regardless how wise or unwise the deal was, I see no justification to
expel someone from the USCF over this. The agreement entered in to was
a one time deal with a contract amount of $5000. Nowhere, that I can
find, was signing this agreement, without Executive Board approval, a
violation of any motion, Bylaw, or policy.

C) After her slate was defeated in the July 21, 2005 election, Beatriz
signed a contract to build an new building against the wishes of the
new board and also in violation of the by-laws under which the
President has no power to sign contracts for the USCF. Only the
Executive Director has that power.

This is false!

The power to enter into contracts is delegated from the Board of
Delegates to the Executive Board, while the Board of Delegates are not
meeting:

"The Executive Board shall manage the affairs of the Federation,
including employment and other contracts"

The Executive Board can authorize the President and/or staff to enter
into contracts on their behalf. Here is the current policy, and I
quote:

"Limitations on the Contractual Authority of USCF Staff

On May 22, 2005, the USCF Executive Board passed the following motion:
The Executive Board mandates the following: Employees of the US Chess
Federation, including the Executive Director and Director of
Publications, cannot enter into contracts that are greater than $10,000
or obligate either party for more than 12 months without Executive
Board approval or written approval of the President. If greater than
$30,000, the approval of the Executive Board is required."

So in many instances the Executive Director will NOT be able to sign a
contract on his or her own volition.

The construction contract was approved by the Executive Board, and
therefore the President was fully authorized by the USCF Executive
Board to sign such a contract provided either the VP of Finance or ED
signed, too. I quote:

"The note, deed of trust, and all other loan documents are to be signed
by any two of the following: Beatriz Marinello-President, Tim
Hanke-Vice President for Finance, or Bill Hall-Executive Director."

[SNIP]

Best regards,

George John

[crossposting snipped]

Sam Sloan and Marcus Roberts should be permanently expelled, barred and
banned along with the other bozos.

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