Annual Meeting

Official Call of the Annual Meeting of the Berkshire County Board of REALTORS® And the Multiple Listing Service, Inc.

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November 20th, 2013!

  • Doors Open | Breakfast 8:30 a.m. 
  • County Club of Pittsfield,
  • Route 7 Pittsfield MA

Don’t forget the raffle for 2014 Membership will be held by 11:30 a.m. (must be pre-registered and present to win)!

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(if you’ve already registered from before, we’ve got you on the list!  Thanks!


Mark McIlquham, 2013 President Elect
Mark McIlquham, 2013 President Elect

REVISED Nominating Committee Report

Proposed 2014 Slate of Officers to be voted on at the Annual Meeting

In accordance with Article XI, Section 4 of the Bylaws of the Berkshire County Board of REALTORS the following Slate of Officers has been nominated by the Nominating Committee comprised of:  Chapin Fish, Chair, Michael Sorrentino, Gintare Evertt, Sandra Preston and Franz Forster

President Mark McIlquham 2014
President Elect Steve Ray 2014
Vice President Maureen McFarland 2014
Sec/Treasurer Stephen SchoenfeldBarbara Davis Hassan 2014
Director (1 yr) Mark Harris 2014
Director (1 yr) Dawn Farley 2014
Director (1 yr) Barbara Greenfeld 2014
Director (2 yr) Church Davis 2015
Director (2 yr) Cindy Poulin 2015
Director (2 yr) Kirsten Fredsall 2015

Also serving on the Board in 2014 but not requiring a vote:

 Past President Barbara Osborne 2014
MLS President Karen Climo 2014

Any/all petitions for additional candidates for the offices are due by November 6th and must contain 47 signatures of current Berkshire REALTORS in good standing, to be noticed to all voting members and placed on the ballot.

Election Information Excerpt from our Bylaws:  Section 4.  Election of Officers.

(a)  At least two (2) months before the annual election, a Nominating Committee of five (5) REALTOR® Members shall be appointed by the President with the approval of the Board of Directors. The Nominating Committee shall select one candidate for each office and one candidate for each place to be filled on the Board of Directors. The report of the Nominating Committee shall be mailed or where permitted by state law, electronically transmitted to each Member eligible to vote at least three (3) weeks preceding the election. Additional candidates for the offices to be filled may be placed in nomination by petition signed by at least ten (10%) percent of the REALTOR® Members eligible to vote. The petition shall be filed with the Chief Executive Officer at least two (2) weeks before the election. The Chief Executive Officer shall send notice of such additional nominations to all Members eligible to vote before the election.

(b)  The election of officers and directors shall take place at the annual meeting.  Elections shall be by ballot and all votes shall be cast in person.  The ballot shall contain the names of all candidates and offices for which they are nominated.

Please note: Unlike the MLS, additional nominations may NOT be made from the floor at the Board of REALTORS election of officers and directors (see bylaws above for how to petition to add candidate(s) to the ballot).  Also, unlike the MLS bylaws, each Realtor is provided one vote, and no absentee ballots are offered.

Proposed Bylaw Change

To be voted on at the Annual Meeting

The Bylaw Revision Task Force meet on August 16, 2013. In attendance were: John McLean (chair), Patrice Melluzzo, Barbara Greenfeld, Mike Sorrentino, Sheila Thunfors, Barb Hassan, Lynne Blake, Steve Ray, Sandy Carroll and Sue O’Brien.

The group reviewed the bylaw revisions submitted at the Installation Meeting in January 2013 that failed to pass.  At that time, the membership supported a review by a task force for future consideration.  The task force determined that no modifications of the bylaws should be made based on that submission.  The task force also compared our bylaws to the NAR model bylaws and reviewed staff input.  They made the following recommendation to the Board of Directors for a change.  The Board of Directors approved their recommendation and is placing the following bylaw amendment on the ballot for your vote at the annual meeting.

Section 3.  Board of Directors.  The governing body of the Board shall be a Board of Directors consisting of the Elected Officers, its immediate past President, [STRIKE] three (3) REALTOR® Directors for an elected term of one year, three (3) REALTOR® Directors for an elected term of two (2) years, [STRIKE END] [INSERT] six (6) REALTOR Directors elected for a term of two years, [END INSERT] and the Multiple Listing Service President.  Directors shall be balanced between the three council regions.  State Directors, while not members of the Board of Directors, shall be invited to attend the meetings.

  • So the revised sentence would read, “The governing body of the Board shall be a Board of Directors consisting of the Elected Officers, its immediate past President, six (6) REALTOR Directors elected for a term of two years, and the Multiple Listing Service President.”

Rationale:  While the current 1 and 2 year director terms worked during the first election cycle after the disbanding of counsels, it now leaves all directors slots expiring every two years at the same time.  To correctly stagger terms so that the entire BOD is not new at the same time, the Task Force recommends changing to all 2 year director terms, staggered appropriately.

​This bylaw revision should take effect after the 2014 Election of Officers and Directors.  [In 2014, one year director positions will convert to a 2 year term, making all director terms appropriately staggered.  3 positions will expire in 2014 and be reappointed to expire in 2016, 3 positions that are already 2 year terms will not expire until 2015.]

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Proposed MLS Bylaw Change

To be voted on at the Annual Meeting

To be consistent with the Board’s change and to serve the same purpose, the MLS Board also adopted the recommendation of the Bylaw committee to put forth the following change for your approval.  Proposed Change: ALL MLS PARTICIPANTS [BROKERS] VOTE

A.   Term of Office:  The Officers shall serve for a one-year term.  The elected Directors shall serve for [STRIKE] one (1) and [END STRIKE] two (2) year terms.  Officers and Directors shall take office upon the effective date of their offices and shall continue until their successors are elected, qualified and installed.  No Officer or Director shall be nominated and elected to the same office for more than two consecutive terms.

  • The final sentence would then read:  “The elected Directors shall serve for two (2) year terms.”

​The body will be asked to approve this bylaw revision effective before the 2014 Election of Officers and Directors so that all director terms are appropriately staggered.

MLS Nominating Committee

Karen Climo, 2013 MLS Vice President
Karen Climo, 2013 MLS Vice President

Proposed 2014 Slate of Officers to be voted on at the Annual Meeting

In accordance with Article 7 of the Bylaws of the Multiple Listing Service, the following Slate of Officers has been nominated by the Nominating Committee, comprised of:  Andy Perenick, Chair, Tiffany Roberts, Sherry Street, Joe Carini and Dennis D’Archangelo.  The Proposed Slate is to be voted on by all MLS Participants (Typically Broker-Owners / Designated REALTORS).
The term expiration dates are supposing the Bylaw amendment presented will pass.  Should the bylaw amendment fail, the Nominating Committee proposes the same slate of officers, but Kim Burnham and Craig Kahn terms will be 1 year.
MLS President Karen Climo 2014
Vice President Colleen Zajac 2014
Sec/Treasurer Mary Jane White 2014
Director (2 yr) Kim Burnham 2015
Director (2 yr) Craig Kahn 2015
Director (2 yr)* Tim Donnelly 2014

Also serving on the Board in 2014 but not requiring a vote:

Past President Jeff Rose 2014
Board President Mark McIlquham 2014
Director 2 year  Tim Lovett 2014

*Note:  The 2 year MLS director position expiring in 2014 is completing the term previously held by Steve Ray, who will be resigning his MLS position at the request of the Nominating Committee to enable him to serve as Board President Elect.

Election Information Excerpt from our Bylaws: Nomination and Election of Officers and Directors

The Officers and Directors of the Service shall be nominated by a vote of the Participants in the Service in accordance with the provisions of Article 7, Meetings, of these Bylaws and as further set forth following:

1.         Nominating Committee.  The President of the Service shall appoint a Nominating Committee each year which Committee shall be comprised of 5 Participants of the Service.  The appointment of the Nominating Committee shall be made by such a date as to enable the Committee to meet and select a proposed slate of Officers and Directors of the Service no more than 60 nor less than 30 days prior to the date of the meeting of the Participants of the Service at which nominees shall be selected by vote of the Participants.  The proposed slate of Officers and Directors shall be reported to the President and Secretary of the Service.

2.         Notice of Proposed Nominees.  The President shall cause a list of the proposed nominees selected by the Nominating Committee to be forwarded to the Participants of the Service, setting forth the time, place, and other pertinent conditions of the meeting to select the final list of nominees by vote of the Participants of the Service.  The notice to the participants of the Service concerning the meeting to select nominees for Officers and Directors shall be mailed on a date at least twenty-one (21) days prior to the proposed meeting.

3.         Rights of Participants to Select Additional Nominees.  The names of additional proposed nominees may be added to the list selected by the Nominating Committee by a petition submitted to the Secretary of the Service by 10% of the Participants of the Service, with said petition received not less than 7 days prior to the date of meeting of the Participants to select nominees for Officers and Directors.  The names contained in such petition, if duly received and certified, shall be presented in writing to the Participants at the meeting to select nominees as additional nominees for consideration for such office as specified in the petition.  In addition, nominations may be made from the floor at the duly noticed meeting of the Participants to select nominees for Officers and Directors and, if seconded, shall be added to the list of proposed nominees.

4.         Voting by Written Secret Ballot.  Voting for selection of nominees, if other than on a motion to cast a unanimous vote for the original proposed slate shall be by secret ballot, and said ballot shall contain blank spaces for writing in additional names proposed by petition or from the floor at the meeting to select nominees.

5.         Vote to Select Nominees.  Voting shall be in accordance with provisions of Article 7 of these Bylaws.

6.         Nominees Submitted to Shareholder for Election.  When nominees for Officers and Directors of the Service for the forthcoming fiscal year have been selected by vote of the Participants of the Service, such nominees shall be submitted to the Board of Directors of the Berkshire County Board of REALTORS® (shareholder) for election pursuant to Article XII, Section 2 of the Bylaws of the Berkshire County Board of REALTORS®.  Upon election by the Board of Directors of the Berkshire County Board of REALTORS® (shareholder), the individuals so elected shall be considered Officers-Elect and Directors-Elect and shall assume their respective offices on January 1st.

The term of office for Officers and Directors of the Service shall be on a calendar year basis.  In the event one (1) or more nominee(s) is/are not elected by the Board of Directors of the Berkshire County Board of REALTORS® (shareholder), and upon notice of such failure of election, the President of the Service shall select a proposed Participant or Participants, as required, subject to confirmation by the Board of Directors, for submission as nominee(s) to the Board of Directors of the Berkshire County Board of REALTORS® (shareholder) to be considered for election to fill the vacancy or vacancies existing.

In the event that nominees are not duly and timely provided by the Service to the Board of Directors of the Berkshire County Board of REALTORS®, as provided in these Bylaws, then the Board of Directors of the Berkshire County Board of REALTORS® shall exercise rights as sole and exclusive shareholder to elect a Participant or Participants of the Service to fill any existing vacancy or vacancies as Officers or Directors of the Service.

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Bylaw Amendment to Protect Members from Harrassment

POSTED BY  ON NOVEMBER 13, 2013 IN  | 3 VIEWS | LEAVE A RESPONSE

The following Bylaw Amendment is made to provide individual members with the same protection against harassment by another member that is currently afforded to our staff and leadership.  This proposal is presented for your review, and to be voted at the Annual Meeting to be held on November 20th, 2013 of the Berkshire County Board of REALTORS.   The Board of Directors endorses this modification and is presenting it for your consideration, per the one (1) week notice requirements of Article  XVI of our Bylaws.

Proposed Bylaw Amendment

Board Bylaws:  Section 13. Harassment. Any member of the association may be reprimanded, placed on probation, suspended or expelled for harassment of an association or MLS employee or Association Officer or Director [ADD ] or member [END ADD] after an investigation in accordance with the procedures of the association. As used in this Section, harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats to do the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and President-elect and/or Vice President and one member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with legal counsel for the association. Disciplinary action may include any sanction authorized in the association’s Code of Ethics and Arbitration Manual. If the complaint names the President, President-Elect or Vice President, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.


Article  XVI – Amendments:  Section 1.  These Bylaws may be amended by majority vote of the REALTOR® Members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are mandated by NAR policy.  Article IX may be amended only by a majority vote of all REALTOR® Members.  Section 2. The Board of Directors shall formulate and electronically transmit all proposed amendments to these Bylaws for consideration by the Membership to each Member eligible to vote at least one (1) week prior to the time of the meeting.