[Board] ConChair Contract

[Garrett Kajmowicz]

On Friday 20 June 2008 08:03:46 am Matt Arnold wrote:
> The form of a contract would reduce its usefulness. The problem with
> listing detailed tasks as Rights is twofold. First, it's like pulling
> teeth to get anybody to take the job; each "Right" is hard work that
> some of them very likely will wish to procrastinate. Second, it
> implies limits on the chair's control over whatever is neglected to be
> specified, which is demotivating.

We start off with a very difficult problem of trying to describe what is 
involved in the job of the ConChair.  Since we want PenguiCon to be as 
dynamic as possible, we want to limit that description as little as possible.  
Though running any Con seems to break down into a few basic areas (hotel, 
programming, ConSuite, advertizing), trying to mandate these particular items 
is a recipe for stagnation and micromanagement disaster.  Moreover, taking up 
a position assumes that you have a basic idea of what the job in general 
entails.  Any other company assumes that you have the basic qualifications 
for a position and that you only need some domain knowledge (ie how *this* 
company is structured if brought in from the outside) and the particulars of 
what the board for the company wants (reporting, goals, etc).  Any contract 
is going to be unable to outline what needs to be done; the ConChair should 
already know most of what needs to be done, and ask people if they don't.  
The Board also shouldn't select anyone who isn't likely qualified, but, well, 
that would be doing our job.

The reason that we want a contract is to provide an official vehicle to 
transfer relevant executive power to the ConChair.  We potentially run into a 
problem where the person selected as the ConChair could make all sorts of 
trouble and then claim that they really weren't acting on behalf of the 
corporation.  Or worse, the ConChair could end up in some type of legal 
difficulty which would fall under the corporate shield, but the board could 
deny that they were ever an officer to avoid problems.  Not that I think this 
is likely, but these are the reasons why written contracts are done.

>
> What's needed is a set of instructions. Try swapping the word "Rights"
> and the word "Responsibilities" to opposite lists and look at it from
> that point of view. For instance, the chair has the right to spend the
> money within the budget; the chair has the right to be the one to put
> on the convention for the year without interference except with
> multi-year decisions. They need to remember to invite GoHs, select a
> hotel, set admission rates, advertise, and recruit a staffer for X Y
> and Z positions. As instructions rather than a contract, it should be
> meant to educate, and should be written by past chairs. We need
> mentoring. Our problem is the very real potential for a future
> conchair who sincerely has no idea what a chair needs to get done.

These are descriptions of how conventions are usually done.  That having been 
said, it's possible for some reason that a ConChair might want to have a 
convention without any GoHs.  Why?  Who knows!  Bring on the Chaos!  A set of 
guidelines describing what's involved with putting on PenguiCon is a great 
idea (what Rob once described as the Great Big Book of PenguiCon).  I'd love 
for someone to write it.  It would make the Con more efficient and make it 
easier to find ConChairs.  But this is slightly different from what is being 
considered here, that being a contract for ConChairs.

>
> If a chair can't say no to anybody who asks them to overspend the
> budget, and they have a contract, they still won't say no. If they had
> a budget to ignore, now they have a contract to ignore. So the only
> solution is to pick the right chair. You might wish to make a list of
> selection qualifications instead. My two cents.
>

This is true.  However, one of the things which needs to be made more clear is 
the limitation of budget authority.  If the ConChair blows the budget and 
doesn't recuperate it from the Con, then the ConChair should be responsible 
for any overage.  This is the goal of the by-laws, but I think it should be 
more explicit and require a little more thinking by a perspective ConChair.  
That way, if they decide to blow the budget, they are welcome to do so, 
understanding that they may have to cough up the dough in the event that 
things don't go as well as they would like.  In short, a ConChair can choose 
to have a spine, or choose to have deep pockets, but either way it comes down 
on them.

I'm hoping for more comments so that I can refine what will go in the language 
to go before the board.

-    Garrett

> -Matt
>
>
> On Thu, Jun 19, 2008 at 11:16 PM, Garrett Kajmowicz
>
> <gkajmowi at tbaytel.net> wrote:
> > At the last board meeting, there were discussions about writing up a
> > contract for a ConChair to indicate the rights and responsibilities. 
> > Before I can start drawing up specific language, I wanted to bounce basic
> > ideas off of everyone.  Please chime in with thoughts or other ideas
> > which I may have missed.
> >
> >
> > Rights:
> >
> > -  Control over content on PenguiCOn web site (with the exception of a
> > board section)
> > -  Control over advertising
> > -  Control over hotel selection and contract negotiations (subject to
> > multi-year rule)
> > -  Control over GoH and nifty selection effective as of signing date
> > -  Control over ConSuite offerings
> > -  Control over programming
> > -  Right to delegate any authority (subject to bylaws) to staff members
> > -  Control over price of admission
> > -  To be protected by PenguiCon Inc. for cash shortfalls below approved
> > budget
> >
> > Responsibilities
> >
> > -  To follow all bylaws, and laws of the state of Michigan, as they apply
> > to PenguiCon
> > -  To prepare a budget, and to keep within that budget.  ConChair will be
> > presumed to be personally responsible for any spending above the approved
> > budget.
> > -  To put on the PenguiCon convention for their year.
> >
> >
> > Thoughts?
> >
> > -     Garrett
> > _______________________________________________
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> > board at penguicon.org
> > http://penguicon.org/mailman/listinfo/board
>
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