Although I still have grave concerns about the lack of clarity on the policy of exercising this power the proposal itself does not radically alter the existing position, merely tightens the defence of any legal challenge to its exercise.
I have read the BHPA Articles of Association in their entirety and note that the only changes being proposed slightly modify the existing text in order to expressly include into an existing power the right to decline an existing member at renewal. Much of the debate raging about this proposal seems to believe that this is a new power being sought but, as I read the text, the power already existed implicitly in the text and was intended to exist, all that has happened is that the text has been examined and found to be weak ONLY in the area of excluding an existing member from renewing. The explanation in January Skywings can be read as saying power to exclude at first application does not exist in the Articles when it clearly does.
Below I have copied the existing text from the 1992 Articles and written in red the proposed deletions and blue the proposed insertions. Presented in this way it makes it clear that the "new" thing is merely the explicit expression of what was previously only implicit in the text. That may make a big difference in people's perception of what is being proposed?
I am still voting against the proposal because I would like a full debate and members understand that (under article 7) they were always subject to the approval whims of a potentially capricious 2/3 of the Exec present and able to vote. I would like to see some clear policy guidance on what circumstances they would invoke this power. I don think that debate has had time to develop before the vote deadline and voting it down would force a debate on the entire issue over the next year..
Francis
4(b) Every person who wishes to be become a member of the Company or who wishes to renew his membership of the Company shall deliver to the Company, duly executed by him, an application for membership or consent to become a member of the company, in either case in such form as the Executive Council requires. Upon receipt of any application for membership, and subject to -:
(i) the approval of the Executive Council,
(ii) the payment of the minimum subscription in respect of the category of membership for the then current year and
(iii) the provisions of this Article 4,
tThe Secretary shall enter the name of such person in the Register of Members of the Company, kept in accordance with Section 352 of the Act, and upon such entry such person shall become a member.
5 (b) The annual subscription payable to the Company by each member shall be payable to the Company on or before the anniversary of the date of entry by the member to the membership. before the expiry of any previous period of membership.
6. A member of the Company shall cease to be a member of the Company forthwith from the date of:-
(a) delivery to the Secretary at the Office written intimation by that member giving notice of his/its intention to resign as a member of the Company; or
(b) being an Individual member, upon death.
(c) the member's annual subscription for the current year being outstanding.
(d) the conclusion of any previous period of membership*
On Thu, Jan 21, 2016 at 9:43 PM, Paul Dowsett <googlemail-personal@netaxiom.net> wrote:
I've not seen the AGM agenda - would someone post a link?--What would this ruling be used for? What scenarios have happened in the past that this would solve? Would ceasing communication with, and influence over, the individual actually have the desired effect? A list of explicit examples would be useful, to understand how frequently these situations occur.It's a pretty serious forfeit. If it's as you describe, Francis, I tend to agree with your concerns.
On Thursday, January 21, 2016 at 7:53:58 PM UTC, francis wrote:The proposal is to permit the exclusion of a member upon first or subsequent application (yearly renewal). Every member will be subject to approval by the eleven member executive each year.Whilst I agree in principle that this is a measure that needs to be available, the current proposal does not contain any balancing elements. There is no appeal to the membership, no invitation to attend any meeting convened to exclude a member, no right to arbitration, no requirement to declare an interest and be excluded from the vote, no requirement for openness. A 6 to 5 vote in favour of exclusion with no safeguards and no right of appeal renders the power liable to abuse and potential victimisation of a member by just 6 of the 5000 or so membership, the remainder remaining ignorant that it has happened. This is not acceptable to me in a national sports association so I will be voting against the proposal.Without any of these balances in place any exclusion will in any event be likely to be the subject of successful legal challenge, exactly as has been the case without any constitutional means of exclusion. It is ill thought out IMO and needs to go back to the drawing board.
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