The World Science Fiction Society

Minutes of the Business Meeting 1985

Preliminary Business Meeting - 23 August 1985

The meeting was called to order at 9:05 a.m. by Presiding Officer Jack Herman. The Presiding Officer welcomed the participants and introduced the podium staff. The secretary is Kent Bloom. The Acting Parliamentarian (substituting for Donald Eastlake III) is Ben Yalow. The agenda and practice for the meeting was explained.

The standing orders printed in the Program Book were not proposed. Robert's Rules of Order, Newly Revised, will be followed.

It was moved and seconded to accept the minutes of last year's meeting as provided to the Presiding Officer. Motion carried without objection.

The meeting considered debate times for business passed on from L.A.con II.

The order of business passed on to the Report of the Standing Committee. It was moved and seconded (Greg Thokar/Gail Kaufman) to table the report until 9 a.m. Saturday 24 August. Three motions were foreshadowed by the Presiding Officer: Standing Committee Financial Reporting, Tax Exemption and Authority.

The Report of the Special Committee on Worldcon Site Selection and Rotation was presented by Bruce Pelz on behalf of Ross Pavlac. The report requests that the committee be continued until ConFederation. Questions were entertained. It was moved and seconded that the report be received (Skip Morris/Chris Buck). The motion carried. It was moved and seconded to reappoint the committee with the exception that a new chairman be appointed (William Affleck-Asch-Lowe /Greg Thokar). Mover and seconder spoke in favor. It was moved to amend to delete "with the exception that a new chairman be appointed" (Mike Glyer/Amy Thomson). The amendment failed. Gail Kaufman spoke against the main motion. It was moved to substitute a motion to discharge the committee (Bill Vaughan/Cath McDonnell). Mover spoke in favor of the substitute motion. Dave Butterfield spoke against. The substitute failed. The main motion carried as originally proposed.

The meeting passed on to new business. Item numbers have been assigned by the secretary. Debate times for new business were set as follows:

A request for permission to speak after the Standing Committee report was received from Fred Pohl. It was so ordered, to be allowed after the report is presented at 9 a.m. on Saturday (24 August).

The Presiding Officer announced that Lise Eisenberg intends to move rescission of Moshe Feder’s motions at last year’s Business Meeting censuring L.A.con II committee over the question of Britain in ’87 tables. An explanation was made, and Bruce Pelz (L.A.con II) and Colin Fine (Britain in ’87) spoke. It was moved and seconded (Amy Thomson/Gail Kaufman) that the censure motions (appearing in the minutes of the 1984 Business Meeting of the World Science Fiction Society on page 12) be rescinded. The motion carried.

Nominations for the standing committee of the World Science Fiction Society for three-year terms commencing at the end of the Business Meeting were received. The following persons were nominated, and each was present and accepted in person:

Nominations were closed by the Presiding Officer. Ballots will be distributed at 10 a.m. on Saturday, 24 August, during the Business Meeting. Voting will be by preferential ballot. Results will be announced at the close of the Business Meeting on Sunday, 25 August.

The meeting was adjourned to 9 a.m. Saturday, 24th August, when the meeting will be a Main Business Meeting.

Main Business Meeting - 24 August 1985

The meeting was called to order at 9:03 a.m. by the Presiding Officer. Jack Herman, Presiding; Kent Bloom, secretary; Don Eastlake, parliamentarian. The Presiding Officer made several general announcements: Ray Ferguson represents WSFS at the 1987 Site Selection Ballot counting. Ben Yalow will chair the Site Selection and Rotation Committee for the next year. Colin Fine will replace Malcolm Edwards on that committee. The Presiding Officer also recommends Roger Weddell be added to that committee by the new chairman. There will be a five minute recess at 10 a.m. to ballot for the Standing Committee.

The Report of the Standing Committee was presented by Don Eastlake (copy attached). It was moved (Andrew Taubman/William Affleck-Asch-Lowe) to receive the report. Frederik Pohl spoke regarding infringement of WSFS trademarks on behalf of "World SF". The following motion was received: ‘RESOLVED: that it is the sense of the meeting that the name of "World SF, The International Association of Science Fiction Professionals" does not infringe on any proper trademark of World SFS, and that the committee be instructed to cease and desist from interference with World SF.’ (Fred Pohl/Elizabeth Ann Hull). The maker corrected "World SFS" to "WSFS". After much discussion, the last phrase was dropped by the maker. A 10 minute time limit was proposed and carried. A motion to amend to grant a license to use "World SF" [was made]. The motion failed. After more discussion, the Presiding Officer put the question on: ‘RESOLVED: That it is the sense of the business meeting that the name of "World SF, The International Association of Science Fiction Professionals" does not infringe on any proper trademark of WSFS.’ The resolution carried.

Don Eastlake and Amy Thomson were appointed tellers for the Standing Committee election. Ballots were distributed, and the meeting recessed at 10:10 a.m.

The meeting was recalled to order at 10:14 a.m. The order of business proceeded to business passed on from L.A.con II for ratification.

The meeting was adjourned to 9 a.m. on Sunday, 25 August.

Main Business Meeting - 25 August, 1985

The meeting was called to order at 9:00 a.m. by the Presiding Officer. Jack Herman, Presiding; Kent Bloom, secretary; Don Eastlake, parliamentarian. The Site Selection results for the 1987 Worldcon were announced. "Britain in ’87" was selected. Selection for a 1987 Interim Continental Convention will be from noon to 6 p.m. today in Ballroom B, with a voting fee of $15 U.S. or $23 Australian. Ken Ozanne moved to add Medlow Bath (Anchor Bay) to the list of sites, but was ruled dilatory by the Presiding Officer.

Malcolm Edwards (bid chairman) was recognized on behalf of "Britain in 87". The name of the convention will be Conspiracy 87. The convention will be held from 27 August through 2 September, 1987.

Colin Fine will represent Conspiracy 87 on the Standing Committee.

The report of the tellers for the Standing Committee election was received. Ben Yalow, Kent Bloom and Jim Gilpatrick were elected.

The order of business passed on to New Business.

A two minute recess was declared by the Presiding Officer at 10:00 a.m.

The meeting was recalled to order at 10:03. The Presiding Officer announced that the Standing Committee has received a request for a list of Hugo winners. It was directed that the list be sent, provided that the use of service marks is noted.

A resolution was offered as follows: "The Standing Committee is requested to (i) compile and maintain a list of resolutions adopted by the Business Meeting which are still in effect, (ii) send copies of this list to each Worldcon, and (iii) make copies available to members of the Society on request." (Don Eastlake/Greg Thokar). Don Eastlake spoke in favor. Jim Gilpatrick spoke against. It was moved that a committee convened by George Flynn be requested to perform this function (Bruce Pelz/Jim Gilpatrick). Dave Butterfield spoke against. The question was put on the amendment and the amendment carried, 25 to 17. It was moved to restrict the scope of the list to Aussiecon II and subsequent cons (Scott Dennis). The amendment failed for lack of a second. The question was put and carried as amended.

It was announced that a meeting of the Standing Committee will be held at 1 p.m. Monday, 26th August in the Zeta Room of the Southern Cross.

It was announced that the NASFIC site selection results will be announced at 11 p.m. today (25th August) in Room 1500 by Roy Ferguson, WSFS representative.

Bruce Farr was recognized and presented a NASFIC bid for Phoenix. The floor was opened for presentations from 1988 and 1989 Worldcon bids. Rich Zelich presented a bid for St. Louis in 1988. Lanny Waitsman presented a bid for the S.S. Norway/Bermuda Triangle in 1988. David Taylor accepted questions on behalf of Cincinnati in 1988 (none offered).

Greg Thokar spoke for Boston in 1989.

A motion was made to adjourn sine die. Without objection, it was so ordered at 10:53 a.m.

Appendix A - Business Presented

Appendix B - Site Selection For 1987 Worldcon

ATCONMAILTOTAL
286241527
Britain262145407
Phoenix1488102
None3-3
No Pref6612
Other112
Invalid-11

(S) Roy Ferguson

Appendix C - Tellers Report, Standing Committee Elections

A total of 44 ballots were collected. The preferential tabulations are as follows:

First Election Round 1 Round 2 Round 3
Ben Yalow131420 Elected
Jim Gilpatrick89-
Bruce Farr4--
Bruce Pelz79-
Kent Bloom101019
Total 424239
Majority 222220
Blank/Exhausted22
Grand Total444444
Second ElectionRound 1Round 2Round 3
Jim Gilpatrick911-
Bruce Farr7--
Bruce Pelz81218
Kent Bloom181923 Elected.
Total424241
Majority 222221
Blank/Exhausted223
Grand Total444444
Third ElectionRound 1Round 2
Jim Gilpatrick1523 Elected.
Bruce Farr1419
Bruce Pelz12-
Total 4242
Majority2222
Blank/Exhausted22
Grand Total4444

(S) Donald E. Eastlake
Donald E. Eastlake, III
Reporting Teller

Report of the WSFS Standing Committee to the Aussiecon Two Business Meeting

The WSFS Standing Committee is created by Article IV, Section 5, of the WSFS Constitution with the duty of registering and protecting the marks used by and under the authority of WSFS. This report was prepared by Donald Eastlake who continues to be, by vote of the Committee, its Chairman and sole Officer. One meeting of the Committee was held between the L.A.con II Business Meeting and the Aussiecon Two Business Meeting, at L.A.con.

  1. Registration of Marks

    In the United States of America, the marks "The Hugo Award", "World Science Fiction Society", "WSFS", "World Science Fiction Convention" and "Worldcon" were registered over a year ago. After further struggle, it now appears registration of the mark "Science Fiction Achievement Award" may be impractical in the USA. Although this mark has been used exclusively by WSFS for over thirty years and developed a secondary meaning as the official name of The Hugo Award, registration has been repeatedly refused on the grounds that the mark is too descriptive and generic. This refusal is at variance with the US law on the subject but to force registration might require a costly court battle. As directed by the L.A.con II Business Meeting, work is progressing on registration of the mark NASFIC but this has been delayed, partly due to lack of financial resources on the part of the Committee.

    The Committee is investigating registration in other countries and has directed official inquiries thus far to Canada, the United Kingdom, and Australia. Anyone with information on service mark or company name registration in these or any other countries is requested to forward the information to the Standing Committee.

  2. Use of Marks

    A draft Service Mark Usage guide has been prepared and is expected to be distributed as amended and approved at the Standing Committee meeting at Aussiecon.

    At the request of the Committee, Doubleday and Company, Inc., included a service mark notice on the copyright page of their book, "The Hugo Winners, Volume 4"

    The Committee is aware of two possible infringers on our marks and is pursuing this matter. Anyone who observes any improper or questionable use of the Society’s marks is requested to inform that Standing Committee by writing to its PO box as listed above immediately. If possible, please enclose a copy of the material in which the mark was misused.

  3. Finances of the Committee

    At L.A.con II, the financial state of the Committee was minus $188.23 (US). As of 14 August 1985, it is minus $266.21. Income and expenses for this period are summarised below:

    Income was $655, consisting of $155 from Noreascon II, $250 from ConFederation, and $250 from Aussiecon II.

    Expense was $732.98, consisting of $575 in legal expenses, $103.45 for letterhead stationary and a return address rubber stamp, $28.53 in postage and $26 for post office box rent. This $575 was primarily in connection with Science Fiction Achievement Award. Much of it was for work already completed or in progress at the time of L.A.con. $275 of it was for new efforts between L.A.con II and Aussiecon Two.

    An amendment to the WSFS Constitution is up for ratification at the Aussiecon Two Business meeting that would provide funding of 5% of the default voting fee per site selection voter to the Standing Committee. Although this amendment, even if ratified, would not be binding on them, Britain in ’87 and Phoenix in ’87 have agreed that if either wins the 1987 Worldcon, they will provide this funding to the Committee. In addition, Phoenix has agreed to provide this funding out of NASFiC voting fees, if any, and has further agreed to guarantee at least a $500 contribution to the Committee if voting is light.

  4. Business for the Aussiecon Two Business Meeting.

    The Standing Committee recommends adoption of the following two amendments to the WSFS Constitution:

    D.1 Short Title:

    Standing Committee Financial Reporting Amendment

    MOVED, to Amend the WSFS Constitution by adding the following to Article IV-

    "The Standing Committee shall submit to the Business Meeting at each Worldcon a financial report of its activities since the previous Worldcon, including a. statement of income and expense."

    Explanation:

    This amendment would require annual financial reports from the Standing Committee similar to the ones it has provided in the past.

    D.2 Short Title.

    Tax Exemption Amendment

    MOVED, to Amend the WSFS Constitution, by adding the following to Article I:

    "No part of the Society's net earnings shall be paid to its members, officers, or other private persons except in furtherance of the Society’s purposes. The Society shall not attempt to influence legislation or any political campaign for public office. Should the Society dissolve, its assets shall be distributed by the Standing Committee or the appropriate court having jurisdiction, exclusively for charitable purposes. In this section, references to the Society include the Standing Committee and all other agencies of the Society but not convention bidding or operating committees."

    Explanation:

    In order for the WSFS Standing Committee or other WSFS agencies that operate in the USA to be exempt from having to file tax returns and pay taxes to the United States of America under the part of the Internal Revenue Code relating to literary organizations, it must be both "organized" and "operated" for exempt purposes.. Although WSFS is presently operated for exempt purposes, the "organizational" test requires that there be language in the Constitution which (1) prohibits distributing any net income to members of the Society except that the Society can make payments for services rendered or in furtherance of its purposes. (2) assures that any assets of the Society are dedicated to exempt purposes by providing that they be so used if the Society dissolves, and (3) prohibits any interference with the elective or legislative process as a substantial part of the Society's activities. This amendment is the simplest wording that will meet the requirements in the USA. It is likely that this material would also be helpful in other countries.

    As long as the usual annual revenue of WSFS is under $5000 US, and it meets the tests, it can operate as a tax-exempt organization without any requirement to file with the government for recognition. Since this revenue would be mostly monies received by the Standing Committee (Worldcon committees do not count since they are separate), there seems to be little chance of exceeding this limit in the foreseeable future. (Should typical annual revenue exceed $5000, it would be necessary to apply to the government for recognition of exemption. Should typical annual revenue exceed $25,000, it would be necessary to also file annual tax returns.) If this amendment, or one very similar, is not adopted then the Standing Committee or similar WSFS Committees operating in the USA will have to choose between having to file tax forms each year and pay taxes if their income for the year happens to exceed expenses or operating in violation of US law.

    Note that Worldcon (and NASFiC) bidding and convention committees are separate and can be either non-profit or for-profit organizations under the current Constitution. It is possible that adding this material to the WSFS Constitution would make it easier for a Worldcon committee to get its own tax exemption.

Pat McMurray pat@cooky.demon.co.uk
Last Update: January 2000