2010 Study

Governance Research -- A Case Study in GL Procedural Fairness -- GLCPO 2010

The three Principles of Procedural Fairness (also known as Natural Justice) are:

1. Right to be Heard  [audi alteram partem].

2. Freedom from Bias & Conflict of Interest [nemo iudex in causa sua].

3. Duty to give Reasons  (factual and reasonable, not arbitrary and capricious).  [0]

Timeline

In 2004, Grand Master Mumby established the G-15, a group of ”young, erudite and concerned Masons” tasked to examine the gaps between present practice and the fundamental ideals of Freemasonry.  In 2006, Education Committee Chair Ray Daniels praised the G-15 as “philosopher-gadflies”.  In 2008 the Grand Lodge Proceedings referred to the G-15 as “that think-tank of bright young Masons”.  In 2009 the Proceedings stated “The G-15 continues its examination of gaps in our Fraternity”. [1]

In March 2009, a G-15 meeting proposed examining and discussing the gap between the need for institutional self-examination and self-improvement, and the nontransparent, unaccountable, secretive constitutional amendment procedure.  Present as an observer, then DGM Daniels prevented an open-minded exploration of the flaws in the procedure, insisting that there is a process in place which should be utilized, not scrutinized.

… Utilizing the Procedure … Documenting the Findings …

In December 2009, a G-15 member emailed three Constitutional Amendment Proposals to the G. Secretary: two to correct errors that the UGLE Constitution had corrected in 1847 and in 1986, and a third to require the Grand Secretary to disclose the number of GL members. The compelling reasons for these Proposals were clearly articulated. [2]

In April 2010, the Grand Secretary mailed the Amendment Proposals to the Lodges.  The text had been altered, the reasons removed [3], and the Proposals were labelled “Irregular” (constitutionally invalid) [4],  with no reasons given, by the Committee on Constitution and Jurisprudence composed of the PGMs except for the chair, a lawyer. [5]

In July 2010, at the Annual Communication, in Open Session,

The proposer of the Proposal re: reporting the number of GL members formally asked the G. Secretary why he reported the number of lodge members, but not the number of Grand Lodge members in his membership report.  He first implied that the GL consists only of GL Officers, then, only of the delegates, but he did not answer the question that was asked.  He seemed not to understand this question, even though it was the exact subject of one of the Proposals, that had been sent to him for due and proper consideration by the Committee on Constitution and Jurisprudence, of which he was a member. [6]

The proposer formally asked the Chair of the Committee on Constitution and Jurisprudence about each of the three proposals: [2]

1. Why did the Committee alter the text of the Proposal?  [0.1: Right to be Heard]

2. Why did the Committee find the Proposal "Irregular"?  [0.3: Duty to give Reasons]

Grand Master Daniels, who was not a documented Constitution Committee member, pre-empted the Committee Chair from answering the questions, stating that he himself could “answer the whole question".  The GM, while still presiding, then declared "they are ritual changes, not constitutional amendments".  The Grand Master interrupted and silenced a follow-up question stating "I assure you they were given full and due consideration". [7] [0.2: Freedom from Bias & Conflict of Interest]

In December 2010, the official Proceedings were published, differing from the actual deliberations:

1. They misstate the question put to the Grand Secretary.

2. They misstate the response from the Grand Secretary.

3. They misstate the Proposal text that was submitted to the Grand Secretary.

4. They misstate the questions put to the Chair of the Constitution Committee.

5. They do not show that the Grand Master had answered ex-cathedra instead of the Committee Chair.

6. They do not show that the Grand Master had not addressed the question about text alteration.

7. They do not show that the Grand Master had disallowed questioning of his counter-factual assertion.

The do show that the GM’s assertion that the Proposals were not Constitutional Amendment Proposals is contrary to fact, despite their text having been altered by the Committee or the Grand Secretary. [9]

On January 1, 2011, new proposals were emailed to the Grand Lodge Office.  These were the original three, reworded to resist distortion, plus three more: (#4) to disallow unauthorized Proposal text altering, (#5) to require the Constitution Committee to disclose the reasons for its decisions, and (#6) to require the Proceedings of the Grand Lodge deliberations to be an accurate and complete transcript. [10]

On February 9, 2011, when asked why the Proposals had not been acknowledged, the Grand Secretary stated that although the Proposals were emailed on January 1, they were not "received" in the office on January 1, since that day was a Holiday, and no one was in the office, and that the Grand Master had declined to allow the "late" proposals to go forward. [11]

On February 11, 2011, at a video-recorded public "Town Hall" meeting, Grand Master Daniels characterized the G-15 as a "bitch session complaining about the GL". [12]

Comment

The words and actions of the Grand Master, the Grand Secretary, and the Past Grand Masters contrast with the Constitutional imperative that the Grand Lodge has the sole power to amend the Constitution. [13]  The Grand Lodge consists of the eleven thousand Grand Lodge Members, not just the eleven Most Worshipfuls. [14]  The question arises of arbitrary interference by persons in a position of power or privilege.  This appears to contradict all three Principles of Procedural Fairness and Natural Justice: the Right to be Heard, the Freedom from Bias & Conflict of Interest, and the Duty to give Reasons. [0]

No Constitution Committee member or Grand Lodge Officer spoke up when the GM misled the Grand Lodge with his false declaration.   The actions of the Grand Lodge leaders and the inactions of the GL Officers raise the question of contempt for the Grand Lodge, as well as for the fundamental principles of Freemasonry -- Brotherly Love, Relief, and Truth.  The treatment of the proposals by the Grand Secretary, the PGMs, and the GM before, during, and after Grand Lodge raises the question of injury to the dignity and reputation of the proposer, by branding him as an imbecile for submitting Constitutional Amendment Proposals that are not Constitutional Amendment Proposals, and asking questions that are so irrelevant as to merit no answer.

At the very least, this study shows that the system in place for correcting errors, righting wrongs, or making reasonable changes is profoundly dysfunctional, not only in its design, but particularly in its application.

Notes & References

[0]  http://www.justice4you.org/natural%20_justice.php    Principles of Natural Justice

[1]  http://www.archive.org/details/grandlodge2005onta   GM’s Address, Edu. Committee Report

      http://www.archive.org/details/grandlodge2006onta   Education Committee Report

      http://www.archive.org/details/grandlodge2008onta   Education Committee Report

      http://www.archive.org/details/grandlodge2009onta   Education Committee Report

[2]  https://sites.google.com/site/tsmr99/2010-glcpo-proposals

[3]  http://www.archive.org/details/grandlodge2010onta   page 76

[4]  GLCPO Constitution Section 70

[5]  GLCPO Constitution Section 136 (d).  Does not define Committee composition

      http://grandlodge.on.ca/framesCommittees_09_10.htm  “All Past Grand Masters”

[6]  http://www.archive.org/details/grandlodge2010onta   page 71

Note that the Grand Secretary was apparently totally unprepared for this clear and simple question, which is the substance of one of the Constitutional Amendment Proposals.  The number of Grand Lodge Members is simply the number of persons on the election database.  The veiled refusal of the secretary of a membership association to disclose the number of members to the membership in his membership report is patently unreasonable, arbitrary, and capricious.  The seeming inability, in GL Session, to understand the meaning of the words “the number of Grand Lodge Members”  diminishes the perceived relevance of the Grand Lodge membership and reinforces the illusion that the GL consists only of the leadership elite.

[7]  http://www.archive.org/details/grandlodge2010onta   page 77

Clearly, the G. Sec., the PGMs, and the GM did not try to understand the proposals.  Then, at the GL Session, the GM prevented the Committee Chair from answering questions from the floor of the Grand Lodge about his Committee.  This creates several problems with procedural fairness:

1. It places the GM in a position of being questioned, and in a matter outside his knowledge.

2. It creates a conflict of interest between presiding impartially, and speaking for a Committee.

3. It silences questions by force of rank, suppressing factual knowledge and understanding.

4. It subverts procedural fairness and the proper functioning of the Grand Lodge, demeaning the office of GM to make patently unreasonable and factually false ex-cathedra pronouncements.

[8]  http://grandlodge.on.ca/7Oct09.htm  "In Freemasonry we have nothing to hide.  The GL publishes its Proceedings every year, disclosing all business transactions." -- R.S.J. Daniels

[9]  http://www.archive.org/details/grandlodge2010onta   page 76,77

[10]  https://sites.google.com/site/tsmr99/2011-glcpo-proposals

[11]  GLCPO Constitution Section 70: “Received by the G. Secretary on or before the 1st day of January”.  Jan. 1st is always a Holiday!  The officious attitude in this matter contrasts sharply with the manifest official disregard for basic principles of factuality, fairness, and forthrightness.

[12]  Five G-15 members were present at this public meeting.

[13]  GLCPO Constitution Section 67 “GL has the sole power to enact ... regulations …”

[14]  GLCPO Constitution Section 9 “Composition of Grand Lodge”

                                                                                                                                              © Renzland 2011.04.24