Empathy List Archives

R

RPPTL_pastchairs

Tue, Jun 20, 2023 2:56 PM

Good morning.

Following our EC meeting, I received a couple of important comments to our proposed Bylaw changes. I have attached a revised version for your review. They key issues were raised by Fletch and were as follows:

Article IV, Section 4. Fletch correctly pointed out that the LRP does not nominate the section chair. The LRP only nominates the chair-elect. I reversed a prior revision that I had made for that reason. I also changed the time frame for notice of the slate to 45 days. The intention is to give others a chance by nominating petition to respond to the proposed slate. Thus, notice of the slate will be 45 days and the nominating petition must be served within 30 days.

Article VII, Section 1. Fletch cautioned about allowing voting by virtual attendance for the annual meeting where all 11,000+ members have the ability to vote. This would potentially permit members who have no vested stake in the direction of the section to circumvent our traditional nominating process. I agree with Fletch. I have revised the bylaws to require in-person attendance and voting unless the chair determines that due to an unforeseen emergency the meeting location is no longer reasonably available or there is anticipated to be an unreasonable risk to safety of the members if physical attendance is required." This require in-person attendance but does permit some flexibility for a COVID situation or a hurricane. Please review this change carefully. It is important.

Note: The bylaws still permit the section chair to allow virtual attendance and voting at Executive Council meetings. This is just for the annual meeting.

Michael Gelfand also made additional thoughtful comments to the manner in which voting is conducted.

Article IV, Section 5. Election Voting.
* Voting process.
- See Art VII comments.
- To place all voting in Art. VII, delete:

Voting by proxy is not permitted. At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance and voting.

 *   Credentials.  Structurally, I am not comfortable with only one person determining voting credentials; thus, consider whether it is workable to provide If there is a challenge to

At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance voting.

Article VII, Section 1
* Voting.
- To properly place the voting process in one place, not divided between Art IV and Art VII, add the credential provision to Art. VII.
- I am not comfortable with only one person determining voting credentials; thus, consider after your addition the following, noting the highlighted text is changed from that in Art IV:
  Voting by proxy is not permitted. At the election meeting the secretary determines the number of active section members in attendance, those members entitled to vote, any challenge being determined by the Executive Committee.

 *   Emergency.  Please consider:

The meeting will be in-person unless the chair determines that due to an unforeseen emergency the meeting location is not reasonably no longer available or there is anticipated to be an unreasonable risk to the safety of the members will be at risk if physical attendance is required. In the event virtual attendance is permitted, the chair shall issue protocols permitting members to be present and vote electronically.

Article V, Section 4. Please consider adding "or period" to subsection (i) as follows:
(i) the executive committee, on a showing of good cause for the absences, waives the attendance requirement for the membership year or period involved; ....
Article VII, Section 4. Though redundant, to parallel existing drafting in that Section, please consider adding in (b) in the new sentence, "Executive Council" after the first word "The" so it starts: The executive council meetings will be in person....."
Article VII, Section 5. Consider the legitimacy of notice. Perhaps substituting for the deletion: "at least 48 hours before the meeting, except that notice may be truncated in case of exigient circumstances."

Please let me know if any of you have any further comments. I would like to make sure I have your input before the Breakers meeting so that we can get this approved there for the new Bar year.

Thanks everyone.

Bill

                 William T. Hennessey | Shareholder
                 Fellow, American College of Trust and Estate Counsel
                 777 South Flagler Drive, Suite 500 East
                 West Palm Beach, FL 33401
                 Direct (561) 650-0663 Cell (561) 329-7281
                 gunster.com   |   View my bio
                 Email me: whennessey@gunster.com

[http://gunsternet/myBizCardSignature/images/PWSGunster.jpg]
William T. Hennessey | Shareholder
Fellow, American College of Trust and Estate Counsel
777 South Flagler Drive, Suite 500 East
West Palm Beach, FL 33401
Direct (561) 650-0663 Cell (561) 329-7281
gunster.comhttp://www.gunster.com/ | View my biohttp://gunster.com/staff/attorneys/william-t-hennessey/
Email me: whennessey@gunster.com mailto:whennessey@gunster.com

Good morning. Following our EC meeting, I received a couple of important comments to our proposed Bylaw changes. I have attached a revised version for your review. They key issues were raised by Fletch and were as follows: Article IV, Section 4. Fletch correctly pointed out that the LRP does not nominate the section chair. The LRP only nominates the chair-elect. I reversed a prior revision that I had made for that reason. I also changed the time frame for notice of the slate to 45 days. The intention is to give others a chance by nominating petition to respond to the proposed slate. Thus, notice of the slate will be 45 days and the nominating petition must be served within 30 days. Article VII, Section 1. Fletch cautioned about allowing voting by virtual attendance for the annual meeting where all 11,000+ members have the ability to vote. This would potentially permit members who have no vested stake in the direction of the section to circumvent our traditional nominating process. I agree with Fletch. I have revised the bylaws to require in-person attendance and voting unless the chair determines that due to an unforeseen emergency the meeting location is no longer reasonably available or there is anticipated to be an unreasonable risk to safety of the members if physical attendance is required." This require in-person attendance but does permit some flexibility for a COVID situation or a hurricane. Please review this change carefully. It is important. Note: The bylaws still permit the section chair to allow virtual attendance and voting at Executive Council meetings. This is just for the annual meeting. Michael Gelfand also made additional thoughtful comments to the manner in which voting is conducted. * Article IV, Section 5. Election Voting. * Voting process. * See Art VII comments. * To place all voting in Art. VII, delete: Voting by proxy is not permitted. At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance and voting. * Credentials. Structurally, I am not comfortable with only one person determining voting credentials; thus, consider whether it is workable to provide If there is a challenge to At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance voting. * Article VII, Section 1 * Voting. * To properly place the voting process in one place, not divided between Art IV and Art VII, add the credential provision to Art. VII. * I am not comfortable with only one person determining voting credentials; thus, consider after your addition the following, noting the highlighted text is changed from that in Art IV: Voting by proxy is not permitted. At the election meeting the secretary determines the number of active section members in attendance, those members entitled to vote, any challenge being determined by the Executive Committee. * Emergency. Please consider: The meeting will be in-person unless the chair determines that due to an unforeseen emergency the meeting location is not reasonably no longer available or there is anticipated to be an unreasonable risk to the safety of the members will be at risk if physical attendance is required. In the event virtual attendance is permitted, the chair shall issue protocols permitting members to be present and vote electronically. * Article V, Section 4. Please consider adding "or period" to subsection (i) as follows: (i) the executive committee, on a showing of good cause for the absences, waives the attendance requirement for the membership year or period involved; .... * Article VII, Section 4. Though redundant, to parallel existing drafting in that Section, please consider adding in (b) in the new sentence, "Executive Council" after the first word "The" so it starts: The executive council meetings will be in person....." * Article VII, Section 5. Consider the legitimacy of notice. Perhaps substituting for the deletion: "at least 48 hours before the meeting, except that notice may be truncated in case of exigient circumstances." Please let me know if any of you have any further comments. I would like to make sure I have your input before the Breakers meeting so that we can get this approved there for the new Bar year. Thanks everyone. Bill William T. Hennessey | Shareholder Fellow, American College of Trust and Estate Counsel 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Direct (561) 650-0663 Cell (561) 329-7281 gunster.com | View my bio Email me: whennessey@gunster.com [http://gunsternet/myBizCardSignature/images/PWSGunster.jpg] William T. Hennessey | Shareholder Fellow, American College of Trust and Estate Counsel 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Direct (561) 650-0663 Cell (561) 329-7281 gunster.com<http://www.gunster.com/> | View my bio<http://gunster.com/staff/attorneys/william-t-hennessey/> Email me: whennessey@gunster.com<mailto:whennessey@gunster.com>

R

RPPTL_pastchairs

Tue, Jun 20, 2023 3:23 PM

Bill,

I am fine with all that.

Pat

Sent from my iPhone
Pat Christiansen
Office Direct 407-419-8545
Mobile 407-310-4040
Email Office pat.christiansen@akerman.com

On Jun 20, 2023, at 11:00 AM, RPPTL_pastchairs rpptl_pastchairs@lists.flabarrpptl.org wrote:

[External to Akerman]

Good morning.

Following our EC meeting, I received a couple of important comments to our proposed Bylaw changes. I have attached a revised version for your review. They key issues were raised by Fletch and were as follows:

Article IV, Section 4. Fletch correctly pointed out that the LRP does not nominate the section chair. The LRP only nominates the chair-elect. I reversed a prior revision that I had made for that reason. I also changed the time frame for notice of the slate to 45 days. The intention is to give others a chance by nominating petition to respond to the proposed slate. Thus, notice of the slate will be 45 days and the nominating petition must be served within 30 days.

Article VII, Section 1. Fletch cautioned about allowing voting by virtual attendance for the annual meeting where all 11,000+ members have the ability to vote. This would potentially permit members who have no vested stake in the direction of the section to circumvent our traditional nominating process. I agree with Fletch. I have revised the bylaws to require in-person attendance and voting unless the chair determines that due to an unforeseen emergency the meeting location is no longer reasonably available or there is anticipated to be an unreasonable risk to safety of the members if physical attendance is required.” This require in-person attendance but does permit some flexibility for a COVID situation or a hurricane. Please review this change carefully. It is important.

Note: The bylaws still permit the section chair to allow virtual attendance and voting at Executive Council meetings. This is just for the annual meeting.

Michael Gelfand also made additional thoughtful comments to the manner in which voting is conducted.

Article IV, Section 5. Election Voting.
* Voting process.
- See Art VII comments.
- To place all voting in Art. VII, delete:

Voting by proxy is not permitted. At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance and voting.

 *   Credentials.  Structurally, I am not comfortable with only one person determining voting credentials; thus, consider whether it is workable to provide If there is a challenge to

At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance voting.

Article VII, Section 1
* Voting.
- To properly place the voting process in one place, not divided between Art IV and Art VII, add the credential provision to Art. VII.
- I am not comfortable with only one person determining voting credentials; thus, consider after your addition the following, noting the highlighted text is changed from that in Art IV:
  Voting by proxy is not permitted. At the election meeting the secretary determines the number of active section members in attendance, those members entitled to vote, any challenge being determined by the Executive Committee.

 *   Emergency.  Please consider:

The meeting will be in-person unless the chair determines that due to an unforeseen emergency the meeting location is not reasonably no longer available or there is anticipated to be an unreasonable risk to the safety of the members will be at risk if physical attendance is required. In the event virtual attendance is permitted, the chair shall issue protocols permitting members to be present and vote electronically.

Article V, Section 4. Please consider adding “or period” to subsection (i) as follows:
(i) the executive committee, on a showing of good cause for the absences, waives the attendance requirement for the membership year or period involved; ….
Article VII, Section 4. Though redundant, to parallel existing drafting in that Section, please consider adding in (b) in the new sentence, “Executive Council” after the first word “The” so it starts: The executive council meetings will be in person…..”
Article VII, Section 5. Consider the legitimacy of notice. Perhaps substituting for the deletion: “at least 48 hours before the meeting, except that notice may be truncated in case of exigient circumstances.”

Please let me know if any of you have any further comments. I would like to make sure I have your input before the Breakers meeting so that we can get this approved there for the new Bar year.

Thanks everyone.

Bill

                 William T. Hennessey | Shareholder
                 Fellow, American College of Trust and Estate Counsel
                 777 South Flagler Drive, Suite 500 East
                 West Palm Beach, FL 33401
                 Direct (561) 650-0663 Cell (561) 329-7281
                 gunster.com   |   View my bio
                 Email me: whennessey@gunster.com

<image005.jpg>
William T. Hennessey | Shareholder
Fellow, American College of Trust and Estate Counsel
777 South Flagler Drive, Suite 500 East
West Palm Beach, FL 33401
Direct (561) 650-0663 Cell (561) 329-7281
gunster.comhttps://urldefense.com/v3/__http://www.gunster.com/__;!!N5JibfVf!KC23Zk7OvopA3vlMa0errSRJhfc4iJpLpufb1nLUpaFcYhel1N0qo1QaRxOOTQ3rD8JV_zQ9iP1R1qzG7mhM77PSGo4xVxZHP-4SkEnvjw$ | View my biohttps://urldefense.com/v3/__http://gunster.com/staff/attorneys/william-t-hennessey/__;!!N5JibfVf!KC23Zk7OvopA3vlMa0errSRJhfc4iJpLpufb1nLUpaFcYhel1N0qo1QaRxOOTQ3rD8JV_zQ9iP1R1qzG7mhM77PSGo4xVxZHP-7CKWG1RA$
Email me: whennessey@gunster.com mailto:whennessey@gunster.com
<Florida Bar RPPTL Proposed Amendments(16839079.5).docx>

RPPTL_PastChairs mailing list
RPPTL_PastChairs@lists.flabarrpptl.org
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Bill, I am fine with all that. Pat Sent from my iPhone Pat Christiansen Office Direct 407-419-8545 Mobile 407-310-4040 Email Office pat.christiansen@akerman.com On Jun 20, 2023, at 11:00 AM, RPPTL_pastchairs <rpptl_pastchairs@lists.flabarrpptl.org> wrote: [External to Akerman] Good morning. Following our EC meeting, I received a couple of important comments to our proposed Bylaw changes. I have attached a revised version for your review. They key issues were raised by Fletch and were as follows: Article IV, Section 4. Fletch correctly pointed out that the LRP does not nominate the section chair. The LRP only nominates the chair-elect. I reversed a prior revision that I had made for that reason. I also changed the time frame for notice of the slate to 45 days. The intention is to give others a chance by nominating petition to respond to the proposed slate. Thus, notice of the slate will be 45 days and the nominating petition must be served within 30 days. Article VII, Section 1. Fletch cautioned about allowing voting by virtual attendance for the annual meeting where all 11,000+ members have the ability to vote. This would potentially permit members who have no vested stake in the direction of the section to circumvent our traditional nominating process. I agree with Fletch. I have revised the bylaws to require in-person attendance and voting unless the chair determines that due to an unforeseen emergency the meeting location is no longer reasonably available or there is anticipated to be an unreasonable risk to safety of the members if physical attendance is required.” This require in-person attendance but does permit some flexibility for a COVID situation or a hurricane. Please review this change carefully. It is important. Note: The bylaws still permit the section chair to allow virtual attendance and voting at Executive Council meetings. This is just for the annual meeting. Michael Gelfand also made additional thoughtful comments to the manner in which voting is conducted. * Article IV, Section 5. Election Voting. * Voting process. * See Art VII comments. * To place all voting in Art. VII, delete: Voting by proxy is not permitted. At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance and voting. * Credentials. Structurally, I am not comfortable with only one person determining voting credentials; thus, consider whether it is workable to provide If there is a challenge to At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance voting. * Article VII, Section 1 * Voting. * To properly place the voting process in one place, not divided between Art IV and Art VII, add the credential provision to Art. VII. * I am not comfortable with only one person determining voting credentials; thus, consider after your addition the following, noting the highlighted text is changed from that in Art IV: Voting by proxy is not permitted. At the election meeting the secretary determines the number of active section members in attendance, those members entitled to vote, any challenge being determined by the Executive Committee. * Emergency. Please consider: The meeting will be in-person unless the chair determines that due to an unforeseen emergency the meeting location is not reasonably no longer available or there is anticipated to be an unreasonable risk to the safety of the members will be at risk if physical attendance is required. In the event virtual attendance is permitted, the chair shall issue protocols permitting members to be present and vote electronically. * Article V, Section 4. Please consider adding “or period” to subsection (i) as follows: (i) the executive committee, on a showing of good cause for the absences, waives the attendance requirement for the membership year or period involved; …. * Article VII, Section 4. Though redundant, to parallel existing drafting in that Section, please consider adding in (b) in the new sentence, “Executive Council” after the first word “The” so it starts: The executive council meetings will be in person…..” * Article VII, Section 5. Consider the legitimacy of notice. Perhaps substituting for the deletion: “at least 48 hours before the meeting, except that notice may be truncated in case of exigient circumstances.” Please let me know if any of you have any further comments. I would like to make sure I have your input before the Breakers meeting so that we can get this approved there for the new Bar year. Thanks everyone. Bill William T. Hennessey | Shareholder Fellow, American College of Trust and Estate Counsel 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Direct (561) 650-0663 Cell (561) 329-7281 gunster.com | View my bio Email me: whennessey@gunster.com <image005.jpg> William T. Hennessey | Shareholder Fellow, American College of Trust and Estate Counsel 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Direct (561) 650-0663 Cell (561) 329-7281 gunster.com<https://urldefense.com/v3/__http://www.gunster.com/__;!!N5JibfVf!KC23Zk7OvopA3vlMa0errSRJhfc4iJpLpufb1nLUpaFcYhel1N0qo1QaRxOOTQ3rD8JV_zQ9iP1R1qzG7mhM77PSGo4xVxZHP-4SkEnvjw$> | View my bio<https://urldefense.com/v3/__http://gunster.com/staff/attorneys/william-t-hennessey/__;!!N5JibfVf!KC23Zk7OvopA3vlMa0errSRJhfc4iJpLpufb1nLUpaFcYhel1N0qo1QaRxOOTQ3rD8JV_zQ9iP1R1qzG7mhM77PSGo4xVxZHP-7CKWG1RA$> Email me: whennessey@gunster.com<mailto:whennessey@gunster.com> <Florida Bar RPPTL Proposed Amendments(16839079.5).docx> _______________________________________________ RPPTL_PastChairs mailing list RPPTL_PastChairs@lists.flabarrpptl.org https://urldefense.com/v3/__http://trumpet.fsr.net/mailman/listinfo/rpptl_pastchairs__;!!N5JibfVf!KC23Zk7OvopA3vlMa0errSRJhfc4iJpLpufb1nLUpaFcYhel1N0qo1QaRxOOTQ3rD8JV_zQ9iP1R1qzG7mhM77PSGo4xVxZHP-6Of1exdQ$ vCard<https://www.akerman.com/vcards/84.vcf> | Profile<https://www.akerman.com/en/people/patrick-christiansen.html> [Akerman Logo]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

R

RPPTL_pastchairs

Tue, Jun 20, 2023 7:03 PM

I agree with the propose changes
Mike Swaine

From: rpptl_pastchairs-bounces@lists.flabarrpptl.org rpptl_pastchairs-bounces@lists.flabarrpptl.org On Behalf Of RPPTL_pastchairs
Sent: Tuesday, June 20, 2023 10:56 AM
To: RPPTL_pastchairs rpptl_pastchairs@lists.flabarrpptl.org; Moran, John JMoran@gunster.com; Sarah Butters (sbutters@ausley.com) sbutters@ausley.com; Frazier, S K katherine.frazier@hwhlaw.com; Lee Weintraub Esq. (lweintraub@becker-poliakoff.com) LWeintraub@becker-poliakoff.com; Lawrence Miller (Larry) (lmiller@floridatax.com) lmiller@floridatax.com; Sancha Brennan sbrennan@thebrennanlawfirm.com; Wilhelmina Kightlinger Wilhelmina.Kightlinger@stewart.com; jscuderi@gfsestatelaw.com; Wright, Wm. Cary cwright@carltonfields.com; 'Mezer, Steven' smezer@beckerlawyers.com; S. Dresden Brunner dbrunner@dresdenbrunnerlaw.com; Adams, Angela amemadams@gmail.com
Subject: [RPPTL Past Chairs] FW: Bylaws

Good morning.

Following our EC meeting, I received a couple of important comments to our proposed Bylaw changes. I have attached a revised version for your review. They key issues were raised by Fletch and were as follows:

Article IV, Section 4. Fletch correctly pointed out that the LRP does not nominate the section chair. The LRP only nominates the chair-elect. I reversed a prior revision that I had made for that reason. I also changed the time frame for notice of the slate to 45 days. The intention is to give others a chance by nominating petition to respond to the proposed slate. Thus, notice of the slate will be 45 days and the nominating petition must be served within 30 days.

Article VII, Section 1. Fletch cautioned about allowing voting by virtual attendance for the annual meeting where all 11,000+ members have the ability to vote. This would potentially permit members who have no vested stake in the direction of the section to circumvent our traditional nominating process. I agree with Fletch. I have revised the bylaws to require in-person attendance and voting unless the chair determines that due to an unforeseen emergency the meeting location is no longer reasonably available or there is anticipated to be an unreasonable risk to safety of the members if physical attendance is required." This require in-person attendance but does permit some flexibility for a COVID situation or a hurricane. Please review this change carefully. It is important.

Note: The bylaws still permit the section chair to allow virtual attendance and voting at Executive Council meetings. This is just for the annual meeting.

Michael Gelfand also made additional thoughtful comments to the manner in which voting is conducted.

Article IV, Section 5. Election Voting.
* Voting process.
- See Art VII comments.
- To place all voting in Art. VII, delete:

Voting by proxy is not permitted. At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance and voting.

 *   Credentials.  Structurally, I am not comfortable with only one person determining voting credentials; thus, consider whether it is workable to provide If there is a challenge to

At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance voting.

Article VII, Section 1
* Voting.
- To properly place the voting process in one place, not divided between Art IV and Art VII, add the credential provision to Art. VII.
- I am not comfortable with only one person determining voting credentials; thus, consider after your addition the following, noting the highlighted text is changed from that in Art IV:
  Voting by proxy is not permitted. At the election meeting the secretary determines the number of active section members in attendance, those members entitled to vote, any challenge being determined by the Executive Committee.

 *   Emergency.  Please consider:

The meeting will be in-person unless the chair determines that due to an unforeseen emergency the meeting location is not reasonably no longer available or there is anticipated to be an unreasonable risk to the safety of the members will be at risk if physical attendance is required. In the event virtual attendance is permitted, the chair shall issue protocols permitting members to be present and vote electronically.

Article V, Section 4. Please consider adding "or period" to subsection (i) as follows:
(i) the executive committee, on a showing of good cause for the absences, waives the attendance requirement for the membership year or period involved; ....
Article VII, Section 4. Though redundant, to parallel existing drafting in that Section, please consider adding in (b) in the new sentence, "Executive Council" after the first word "The" so it starts: The executive council meetings will be in person....."
Article VII, Section 5. Consider the legitimacy of notice. Perhaps substituting for the deletion: "at least 48 hours before the meeting, except that notice may be truncated in case of exigient circumstances."

Please let me know if any of you have any further comments. I would like to make sure I have your input before the Breakers meeting so that we can get this approved there for the new Bar year.

Thanks everyone.

Bill

                 William T. Hennessey | Shareholder
                 Fellow, American College of Trust and Estate Counsel
                 777 South Flagler Drive, Suite 500 East
                 West Palm Beach, FL 33401
                 Direct (561) 650-0663 Cell (561) 329-7281
                 gunster.com   |   View my bio
                 Email me: whennessey@gunster.com<mailto:whennessey@gunster.com>

[http://gunsternet/myBizCardSignature/images/PWSGunster.jpg]
William T. Hennessey | Shareholder
Fellow, American College of Trust and Estate Counsel
777 South Flagler Drive, Suite 500 East
West Palm Beach, FL 33401
Direct (561) 650-0663 Cell (561) 329-7281
gunster.comhttp://www.gunster.com/ | View my biohttp://gunster.com/staff/attorneys/william-t-hennessey/
Email me: whennessey@gunster.com mailto:whennessey@gunster.com

I agree with the propose changes Mike Swaine From: rpptl_pastchairs-bounces@lists.flabarrpptl.org <rpptl_pastchairs-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL_pastchairs Sent: Tuesday, June 20, 2023 10:56 AM To: RPPTL_pastchairs <rpptl_pastchairs@lists.flabarrpptl.org>; Moran, John <JMoran@gunster.com>; Sarah Butters (sbutters@ausley.com) <sbutters@ausley.com>; Frazier, S K <katherine.frazier@hwhlaw.com>; Lee Weintraub Esq. (lweintraub@becker-poliakoff.com) <LWeintraub@becker-poliakoff.com>; Lawrence Miller (Larry) (lmiller@floridatax.com) <lmiller@floridatax.com>; Sancha Brennan <sbrennan@thebrennanlawfirm.com>; Wilhelmina Kightlinger <Wilhelmina.Kightlinger@stewart.com>; jscuderi@gfsestatelaw.com; Wright, Wm. Cary <cwright@carltonfields.com>; 'Mezer, Steven' <smezer@beckerlawyers.com>; S. Dresden Brunner <dbrunner@dresdenbrunnerlaw.com>; Adams, Angela <amemadams@gmail.com> Subject: [RPPTL Past Chairs] FW: Bylaws Good morning. Following our EC meeting, I received a couple of important comments to our proposed Bylaw changes. I have attached a revised version for your review. They key issues were raised by Fletch and were as follows: Article IV, Section 4. Fletch correctly pointed out that the LRP does not nominate the section chair. The LRP only nominates the chair-elect. I reversed a prior revision that I had made for that reason. I also changed the time frame for notice of the slate to 45 days. The intention is to give others a chance by nominating petition to respond to the proposed slate. Thus, notice of the slate will be 45 days and the nominating petition must be served within 30 days. Article VII, Section 1. Fletch cautioned about allowing voting by virtual attendance for the annual meeting where all 11,000+ members have the ability to vote. This would potentially permit members who have no vested stake in the direction of the section to circumvent our traditional nominating process. I agree with Fletch. I have revised the bylaws to require in-person attendance and voting unless the chair determines that due to an unforeseen emergency the meeting location is no longer reasonably available or there is anticipated to be an unreasonable risk to safety of the members if physical attendance is required." This require in-person attendance but does permit some flexibility for a COVID situation or a hurricane. Please review this change carefully. It is important. Note: The bylaws still permit the section chair to allow virtual attendance and voting at Executive Council meetings. This is just for the annual meeting. Michael Gelfand also made additional thoughtful comments to the manner in which voting is conducted. * Article IV, Section 5. Election Voting. * Voting process. * See Art VII comments. * To place all voting in Art. VII, delete: Voting by proxy is not permitted. At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance and voting. * Credentials. Structurally, I am not comfortable with only one person determining voting credentials; thus, consider whether it is workable to provide If there is a challenge to At the election meeting the section chair, chair-elect, and secretary determines the number of active section members in attendance voting. * Article VII, Section 1 * Voting. * To properly place the voting process in one place, not divided between Art IV and Art VII, add the credential provision to Art. VII. * I am not comfortable with only one person determining voting credentials; thus, consider after your addition the following, noting the highlighted text is changed from that in Art IV: Voting by proxy is not permitted. At the election meeting the secretary determines the number of active section members in attendance, those members entitled to vote, any challenge being determined by the Executive Committee. * Emergency. Please consider: The meeting will be in-person unless the chair determines that due to an unforeseen emergency the meeting location is not reasonably no longer available or there is anticipated to be an unreasonable risk to the safety of the members will be at risk if physical attendance is required. In the event virtual attendance is permitted, the chair shall issue protocols permitting members to be present and vote electronically. * Article V, Section 4. Please consider adding "or period" to subsection (i) as follows: (i) the executive committee, on a showing of good cause for the absences, waives the attendance requirement for the membership year or period involved; .... * Article VII, Section 4. Though redundant, to parallel existing drafting in that Section, please consider adding in (b) in the new sentence, "Executive Council" after the first word "The" so it starts: The executive council meetings will be in person....." * Article VII, Section 5. Consider the legitimacy of notice. Perhaps substituting for the deletion: "at least 48 hours before the meeting, except that notice may be truncated in case of exigient circumstances." Please let me know if any of you have any further comments. I would like to make sure I have your input before the Breakers meeting so that we can get this approved there for the new Bar year. Thanks everyone. Bill William T. Hennessey | Shareholder Fellow, American College of Trust and Estate Counsel 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Direct (561) 650-0663 Cell (561) 329-7281 gunster.com | View my bio Email me: whennessey@gunster.com<mailto:whennessey@gunster.com> [http://gunsternet/myBizCardSignature/images/PWSGunster.jpg] William T. Hennessey | Shareholder Fellow, American College of Trust and Estate Counsel 777 South Flagler Drive, Suite 500 East West Palm Beach, FL 33401 Direct (561) 650-0663 Cell (561) 329-7281 gunster.com<http://www.gunster.com/> | View my bio<http://gunster.com/staff/attorneys/william-t-hennessey/> Email me: whennessey@gunster.com<mailto:whennessey@gunster.com>