USAC proposes constitutional resolutions for coming elections

Foundational Plan

USA Cricket has canvassed members to vote for two ‘member resolutions for approval’, due at midnight on the 20th of November, 2020.

Member Resolution (1) seeks to loosen constitutional restrictions on eligibility for 2020 election, specifically Clauses 7.3(A), 7.5(C), 7.5(D), 7.5(C)(iii), and 7.5(D). The resolution cites the extreme circumstances created by the Covid-19 pandemic, which it claims would unnecessarily limit election participants should they be held to the current standard. This resolution would eliminate the one year required membership of voters and candidates and replace the required registration date with ‘a date determined by the Nominating and Governance Committee which must be no later than the date when the Nominating and Governance Committee announce the eligible candidates and that they meet all other eligibility requirements.’ Approval of Member Resolution (1) would rephrase these clauses as follows:

(1) Sections 7.3(A), 7.5(C), 7.5(D): Qualifications for Directors (Eligibility):

The requirement set forth in Section 7.3(A), repeated in the specific cases of Individual Directors (7.5(C)) and Club Directors (7.5(D)), that any candidate for the Board of Directors (excluding Independent Directors) must have been registered as an Individual Member in good standing with USA Cricket for twelve (12) months shall not apply to the December 2020 election. Instead, to stand as a candidate for a Board of Directors position in the December 2020 election, an individual must have been registered as an Individual Member by a date determined by the Nominating and Governance Committee which must be no later than the date when the Nominating and Governance Committee announce the eligible candidates and that they meet all other eligibility requirements.

(2) Section 7.5(C)(iii): Individual Directors

The requirement set forth in Section 7.5(C)(iii) that an Individual Member (who does not otherwise qualify as an International Player) must have been an Individual Member of USA Cricket for twelve (12) months prior to the date of election to vote for Individual Directors shall not apply to the December 2020 election. Instead, for the December 2020 election, any Individual Member of USA Cricket, who is in good standing and meets any other applicable voting requirements by a date determined by the Nominating and Governance Committee, will be eligible to vote for the Individual Director in the December 2020 election.

(3) Section 7.5(D): Club Director.

The requirement set forth in Section 7.5(D)(iii) that designated representatives of Club Members must have been members of USA Cricket for twelve (12) months prior to the date of election to vote for the Club Director shall not apply to the December 2020 election. Instead, for the December 2020 election, any designated representative of a Club Member who is a member of USA Cricket, who is in good standing and who meets all other applicable voting requirements by at a date determined by the Nominating and Governance Committee, will be eligible to vote for the Club Director in the December 2020 election.

Unlike the first resolution, member resolution (2) proposes a permanent amendment to the USAC constitution. This resolution seeks to eliminate the potential for a scenario in which a board member would continue as a member of a committee even after the expiration of their term on the board. Board terms are staggered, yet committee appointments are currently fixed at three year terms. The resolution cites the motive also being ‘to improve the operational effectiveness of the governance structure by providing greater flexibility to the appointment process.’ Should the amendment pass, committee membership would be subject to yearly change, rather than three year terms.

9.3. Tenure. The term for all Standing and Other Committee members shall be determined by the Board but subject to a minimum of one (1) year. However, where a member of a Standing or Other Committee also holds a position as a Board Director, if that person ceases to continue as a Board Director, then his/her term of appointment to any Standing and Other Committee will immediately terminate unless the Board (or Player Directors, as applicable) determines that he/she should continue as a member of such Standing or Other Committee. The Board will review all appointments to its Standing and Other Committees on an annual basis. three (3) years. The term for all members of Other Committees, Commissions and Task Forces shall be until the conclusion of the relevant assignment. In no circumstances shall a person’s total term of service on any USA Cricket Committee exceed a period of six (6) consecutive years.

Voting for these Member Resolutions for Approval will close at midnight on 20 November.

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