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Is this 'proxy' legal?
I received the 'proxy' vote form for the Rex Allen Museum Annual Membership Meeting and have to wonder if it is "legal". For starters, some members I have spoken with have not received this form at all.
The third sentence of the first paragraph says "If I have not nominated a proxy by returning this form, or if my nominee is absent from the meeting, the Chairperson of the meeting shall then be 'automatically appointed as my proxy' to vote on my behalf as the proxy sees fit."
This wording allows the Chairman to use all non-attending members' votes that did not return a proxy form or who selected a proxy nominee absent from the meeting for his own position on all issues and or business done at the meeting. It certainly is not what I would want, under any circumstance, at any meeting, anywhere. And further neither I, nor any of my friends, have ever known or experienced this process being used at any of the several organizations of which each of us have been members.
I would suggest that if you are unable to attend this Annual Membership Meeting (Elks Club in Willcox, this Friday at 6 p.m.), and want to appoint a proxy other than the Chairman, that you cross out that sentence, have your form notarized, and follow the instructions on the proxy form to have it in the hands of the Secretary of the Board by Thursday, Jan. 26, 2012. And of course keep a copy for your own records.
Peta-Anne Tenney
Member, Rex Allen Museum
The third sentence of the first paragraph says "If I have not nominated a proxy by returning this form, or if my nominee is absent from the meeting, the Chairperson of the meeting shall then be 'automatically appointed as my proxy' to vote on my behalf as the proxy sees fit."
This wording allows the Chairman to use all non-attending members' votes that did not return a proxy form or who selected a proxy nominee absent from the meeting for his own position on all issues and or business done at the meeting. It certainly is not what I would want, under any circumstance, at any meeting, anywhere. And further neither I, nor any of my friends, have ever known or experienced this process being used at any of the several organizations of which each of us have been members.
I would suggest that if you are unable to attend this Annual Membership Meeting (Elks Club in Willcox, this Friday at 6 p.m.), and want to appoint a proxy other than the Chairman, that you cross out that sentence, have your form notarized, and follow the instructions on the proxy form to have it in the hands of the Secretary of the Board by Thursday, Jan. 26, 2012. And of course keep a copy for your own records.
Peta-Anne Tenney
Member, Rex Allen Museum
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