Thursday, February 4, 2016

My Last Election

GM Caruana vs IM Lapshun


The last election I ran in was early in Stuart Chagrin's administration.  I didn't expect it to be contentious.  I thought I was on good terms with Stuart and that no one would mind my running.  I didn't have to do a petition. Stuart had my name put on the ballot.


GM Kekelidze vs FM Chernin


As soon as I arrived at the club for the election, I realized I was going to lose.  With these elections, aside from who counts the votes, its a matter of who shows up.  As the election started, Larry Price said, "Let's get the unsavory people out of the way", typical of how board members continue to refer to those outside their clique.



Capablanca Simul

There were at least three irregularities in the election:


Cory Evans, who was running the election, told the members that candidates had the right to not answer any questions.  Robert Cherubin refused to answer any questions, but he was elected anyway, as the board votes as a block.


IM Martinez vs FM Colas

 Typically, this group rushes or even omits the candidate statements.  Most of the people they elect are not bad people, but are yes-men, who have no idea what responsibilities being on a board of directors of a small organization  entails.  In any organization with a board, the board members are fiduciaries.  But in a large organization there are usually many people guarding its survival.  In a small organization, there usually isn't anyone except the board.


Tom Molloy, who had been a vice president won re-election to a one year term.  The officers did not seat him until after new officers had been selected, preventing him from continuing as vice president.  They claimed that the board had to ratify his election, which is ridiculous, as a lower body cannot ratify the action of a higher body.

Something similar happened to Jeff Tannenbaum in the most recent election.  He also won a one year term, and the officers didn't want to seat him at all.   They claimed that the board had the right to fill any vacancies.  Actually they can only fill a vacancy until the election.  Then the members decide who fills it.  "Executive director", Bryan Quick vowed that he would do everything in his power to prevent Tannenbaum from getting re-elected this year.

After the meeting, I was informed that there had never been a quorom.  This was confirmed later by Tom Molloy and FM Brian Hulse.  Stuart has never claimed that there was a quorum.  What the law says is that if there is no quorum there cannot be an election.  In absence of a quorum, the only legal action is a motion to adjourn.

Cory Evans spoke to me on the phone.  He said that the club has never adopted Robert Rules of Order, which is true.  He also said that state law does not require a quorum, which is false.  Anyone can see what the law is here:  http://codes.findlaw.com/ny/notforprofit-corporation-law/npc-sect-608.html  Cory Evans once ran for public office.  He attempted to hold a fundraiser at the club, oblivious to the fact that such an even could cost the club its tax exempt status.

I consulted a lawyer, and he said that I could bring a civil suit against the club.   He said that I would probably win, but even if I won, I might not be awarded costs.  One member of the board said that I probably could not sue the club.  It was unclear whether he meant I didn't have a case, or whether it meant I couldn't afford a lawyer, or whether the comment was intentionally cryptic.







Wednesday, February 3, 2016

Chicken Little

I think things are worse than you do.  Regardless I have some practical suggestions which shouldn't be too controversial:

1.  If you love the Marshall Chess Club, join the Marshall Chess Club.

2. Participate -- come to the annual meeting and vote.  There will be people to vote for this time.

3. Do not submit to coercion.  Express your views.  If you see something, say something.  The truth will win out.

4.  Trust the people who have been there for you all along.  Distrust their adversaries.

5.  If you are on the board, consider that you are not the only ones who love the Marshall Chess Club.  You are not the only ones who have equity in the Marshall Chess Club. You do not have a monopoly on the truth.



Tuesday, February 2, 2016

Erez Klein Lecture Series

FM Erez Klein
After FM Erez Klein passed on, I decided to a lecture series in his memory.

Erez died of complications from diabetes.  He had always been nice to me.  We played one-on-one bughouse.  Erez had been abused as a child.  Erez's father, Gene, had been banned from the Manhattan Chess Club.  As journalist and board member, the late Kalev Pehme who testify, Gene would beat his son on the premise.  Of course banning him didn't prevent him from beating Erez elsewhere.  Erez was one of the top players in his age group.

Kalev Pehme
I decided to hire some strong players to speak in the lecture series.  I think Stuart told me I could pay them $100 or $150.  I don't know whether he really thought that was appropriate, or he was trying to trick me into insulting potential speakers.  Even though the Marshall had agreed to publicize the lectures, getting them to actually to do the publicity was like pulling teeth.  They would only send out emailings at the last minute.  There is now a lot of indication that they are not friendly to donors outside their own circle.  When Stuart listed the club's donors at the following annual meeting, he omitted my name.
IM Jay Bonin

The speakers were IM Bonin, IM Norowitz, FM Hoffmann, and GM Fedorowicz:

IM Bonin:  Bonin's talk conveyed his pragmatic approach to chess. His lectures usually touch on the issue of how a player who plays as often has he does prevents other players from preparing against him.
GM Lenderman and IM Norowitz

IM Norowitz:  Yaacov's talk covered the concept of the mini-bishop.  How a chain of pawns on the same colored squares controls squares of that color like a bishop does.

FM Hoffmann:  Beneath his tough exterior, Asa has a scholarly knowledge of chess.  Remarkably, he said that Fischer,
FM Asa Hoffmann
who he had been friends with, as not the strongest player of all times, as a number of champions have won the World Championship more than once.

GM Fedorowicz: Fedorowicz analyzed some of Erez's games.  He talked about his experiences in top level chess, including being a second for GM Gata Kamsky.
GM John Fedorowicz


Bar Mitzva

I am the only person to have a bar mitzva at the Marshall Chess Club.  What I like about Judaism is the humanistic philosophy, the metaphysics, and the history.  I believe in God some of the time.  When I had my nervous breakdown, I expressed that I wanted to have a big party and get all my friends together, and this is how I managed to do that.  I think it was especially meaningful to my Aunt Roz who passed on last year.




Even though Frank was president when the event was authorized, I believe it was Marcus who facilitated it happening at the Marshall.  Marcus was quite helpful about this, and very respectful of religious and cultural issues.  My father didn't want to go at first.  He thought the club would be a dump.  But he actually enjoyed the event.  He and my stepmother danced in the middle of the Marshall Chess Club!

I want to thank everyone who helped or showed up: Dan Barasch, Chris Daily, Patrick Davin, Lewis Eisen MD, Drs Stanley and Dorothy Graham, Chris Holroyd, Raphael D'Lugoff and his trio,  Ilya Figler, Gary Forman, Ed Frumkin, Peter and Tory Kopke, Harvey Krasner, Judy Krasner, Rabbi Bill Kurry, GM William Lombardy (who gave me a nice gift), Jones Murphy and Mary Kennedy, Rafael and Vanda Ovalle, Leif Pressman, Evan Rabin (who helped with my Hebrew), Murray Schechter, Vivian Richman (who made the chocolates),  Bonnie Rosman and John O'Shaunnesy,  Roz and Lloyd Rosman, Hilary Scarnati, Melissa Scarnati, Frank Splain, Dolly Teasley, April Weisenthal, and
Ron Young.


After the event, I saw Stuart Chagrin and I thanked him for the use of the club.  He reminded me that the event had been approved before he became president.  In other words, things would change again.

Monday, February 1, 2016

Fundraising and Grants

Baruch College Vertical Campus
There are few things that I think I learned while studying at Baruch College, which I would like to share with you if I may:

One course I took was in fundraising.  It was taught by the fundraising director of YAI, an organization that helps adults with autism.  There were two points that I think are applicable:

1.  Mission drift, changing the mission of the organization to get more donations, is not a good thing.  Non-profit organizations should do something that's needed as opposed to something that generates cash flow.

2.  The directors of a non-profit should be the people who love the organization the most, the ones who feel most passionate about it.  They do not have to be donors.  I donor who loves the organization the way it is will not to feel the need to be on the board.  Expertise (in something other than the organization's mission) can always be found for pay
or from volunteers.  It is not necessary to put people with expertise on the board.

Another course I took was in the finance of colleges, which was taught by one of the financial directors of CUNY.

He said that not every donation has to be accepted.  Donations with unwanted strings attached should be returned.  A worthy institution can get donations without unwanted strings attached.

A also worked in the grants office, and I think I
learned this:

1. Grants are heavily regulated.

2.  Tax deductible organizations may or may not have programs.  In general, foundations are the ones who do not have programs, who make grants to 501(c)(3) organizations.  In general they are not permitted to donate to private entities.

3.  People don't understand how academic grants work. 

The professor does not actually receive the money.  They can use the money to pay for a designated research project.  The grantmaker will require them to account for every expense.  They may be able to buy released time from their teaching duties to work on a project.

4.  With few exceptions, only the a 501(c)(3) organization may receive a research grant.

5.  Non-profit colleges are 501(c)(3) entities.

6.  Public universities do not actually receive grants.  For example, in CUNY, the grant goes to a separate organization, called the Research Foundation of CUNY (RFCUNY).  The college may then receive monies for released time and overhead costs from RFCUNY.



7.  Some foundations do give grants to individuals, such as scholarships, fellowships and emergency welfare grants.  These grants are heavily regulated in that the grantmaker must prove that the grants are given on fixed criteria rather than personal connections.  The criteria may not be tailored for a specific recipient. 



Steve at the New Yorker Hotel

After his tournaments were kicked out of the Marshall, Steve went to the Hotel New Yorker.  About 20 of us were very loyal to him and came every week.  We didn't know how much money he was losing.  The Marshall raised its prizes to drive Steve out of business.  A non-profit organization shouldn't be doing that.  Any long-time NYC tournament player who thinks he or she is not indebted to Steve is mistaken.

During this time period that Steve invented the mixed doubles prize.  One of the officers of the Marshall said it was the stupidest thing he ever heard of.

When Steve's tournament at the New Yorker came to an end, we signed a petition to get him back into the Marshall.  Eventually he was invited back for once a month.  I don't think the invitation was sincere.  I think they wanted to wait until the hub-bub died down and then get rid of him, which they did.  Stuart particularly did not like Sophia.  He told me that he was afraid that if he took Steve back, Sophia would join.

Click this text to see what Steve has been doing recently!





The Last Time on the Board

FWCGM Fischer
This is going to be a short post, but it will very serious, very dangerous, and somewhat technical.  This is an issue which I have made every attempt to discuss within the Marshall Chess Club, but to no avail.

I was elected to the Marshall Board again during Frank Brady's administration.  I stayed on the board for only one meeting. 

The largest concern is the relationship between the Marshall Chess Club and the Marshall Chess Foundation.  I think the board had and has a very poor understanding of what the law is.

Marshall Chess Divan
The Marshall Chess Club is, legally speaking, a private membership club, tax exempt under 501(c)(7).  The Marshall Chess Foundation is a public service organization, tax deductible under 501(c)(3).   In my opinion, the two cannot be combined because the club is restricted to private activities and the foundation is restricted to public activities.


Too close a relationship between the two might not be appreciated by the IRS.  I think it is possible for the IRS to fine Governors directly.   The club could lose its tax exempt status, in which case, the members could sue the Governors.

50th Anniversary
One question that comes up is whether a 501(c)(7) could become a 501(c)(3).  I think it is probably illegal, and certainly not a good idea.  A 501(c)(7) is owned by its members and a 501(c)(3) is owned by the public, so that in becoming a 501(c)(3), the members would give up their equity.