Thursday 7 November 2019

Chairman Richard's Constitutional Proposals to Members



Dear Member,
  
Earlier this year, I provided an update on the governance review being undertaken by the club’s General Committee.

You may recall that a working group was established comprising members of the General Committee and external advisors with knowledge in this important area. Their remit was to assess best practice and to consider the requirements of the County Partnership Agreement (the CPA).
             
The CPA sets out the relationship between all counties and the ECB and contains within it the expectations and requirements of both parties, including minimum standards in key areas such as governance and associated funding.

To ensure that Nottinghamshire meets the required standards for good governance and continues to be a leading county club, the main areas we needed to review were around the election of committee members and their terms of office.

The guiding principles throughout were that all proposals must be in the best interests of the club - and to ensure its membership is represented by individuals with the right skills, knowledge, diversity and experience.
  
The General Committee has now completed its review and has arrived at some proposals for consideration, which are designed to better serve Nottinghamshire County Cricket Club in the future.

These proposals to amend the club’s governance have been shared and debated with members at two forums in September, and we are now inviting consultation with the wider membership.
  
A summary of the proposals is provided here and we would ask that as many members as possible take the opportunity to share their views using the survey form provided at the bottom of that page. 

In order for your views to be considered in good time, please submit them by Thursday 28 November.

We will consider all feedback from our members before proceeding to finalise the proposals ready for a vote on any amendments for ratification at the AGM on Monday 24 February.

The detailed amendments will be sent to all members in January with the Annual Report and Accounts mailing, along with a copy of the club's current constitution fully marked up with any changes that have been proposed.
  
Thank you in advance for taking the time to contribute to this important topic.
  
Yours Sincerely,
  
Richard Tennant

Chairman, Nottinghamshire County Cricket Club

If the link above doesn't work on your device, below is the proposal.

PROPOSED GOVERNANCE CHANGES

General Committee structure and election – our current position
  • The club’s General Committee consists of 12 members who are all proposed and elected by the membership
  • Once elected, committee members serve an initial three-year term, after which they must seek re-election to remain in position
  • There is no limit to the number of three-year terms a committee member may serve, but no member may stand for election or re-election having passed the age of 70
  • The Chair is elected or re-elected on an annual basis by the General Committee. There is no limit to the number of years an elected member may serve as Chair
  • The only qualification criterion is that a nominated individual must have been a voting member of the club for two consecutive years and not an employee within the last three years
  • There are no requirements for the Club to ensure that its General Committee reflects and represents the diversity of its membership
Why is there a need for change?
  • To improve the process of election and optimise the mix of skills, experience and knowledge on the General Committee
  •  To ensure the General Committee represents the diversity of its membership and reflects the future needs of the club
  •  To bring our governance in line with the requirements of the England & Wales Cricket Board and Sport England, both of which are critical to the club’s future funding
The General Committee would still consist of 12 members but the nomination and election process would alter;
  • Eight members would be proposed and elected by the membership
  • The remaining four positions would be appointed by a newly created Nominations Panel
The above proposals would guarantee that the majority of the General Committee are nominated and elected by the membership, whilst introducing measures to ensure that the club’s decision-making body has the requisite skills, experience and diversity.
Proposed change – the inauguration of a Nominations Panel
A newly created Nominations Panel comprising the Club Chair, one other serving member of the General Committee, two club members and one non-member would be formed. Its role would be to;
  • Select the four Nominated Members from a pool of interested candidates and interview all prospective General Committee nominees
  • Monitor the mix of skills, diversity and experience within the General Committee
  • Consider succession planning for upcoming General Committee vacancies
  • Ensure a formal and transparent election process
Proposed changes – terms of office
  • The initial term of office would remain at three-years but, if re-elected, a General Committee member would serve a maximum of three terms – nine years in total
  • In exceptional circumstances, one additional year could be granted by the Nominations Panel
  • If unforeseen General Committee vacancies arose, an individual could be co-opted following a recommendation by the Nominations Panel. This would be subject to approval by the General Committee with the co-opted person then required to seek re-election should they wish to continue their service beyond the next AGM.
  • The 70-year age limit would no longer apply to any individual wishing to stand for General Committee
The above proposals would be introduced to define a time limit that all individuals may serve. This mechanism would drive an adequate influx of new members and is recommended as best practice to provide churn in new talent, skills, experience and thinking.  
Proposed changes – the role of Chair
  • The Chair would still be elected or re-elected on an annual basis by the General Committee
  • The maximum period a committee member could serve as Chair would be six years
  • Extensions to the maximum nine-year term on the General Committee could be granted by the Nominations Panel and sanctioned by the General Committee, in order to fulfil a six-year term as Chair. This would be limited to a maximum of three additional years. 
Proposed amendment to the Club Rules
Under the existing terms of the club’s constitution, any individual Member of the Club may propose a motion at an Annual General Meeting.
Given that the club has over 6,000 voting members at any time, this does not meet recommended best practice where the number of members required to submit such an amendment is significantly higher. 
  • Following discussion at the consultation forums it is, therefore, recommended that 20 Member signatures be required in order for a motion to warrant inclusion at an AGM, as opposed to the 100 members originally proposed
Consultation process and next steps
To share your views on the above proposals please complete the online form below.
Alternatively, you can email questions@nottsccc.co.uk or write addressed to Lynda Miles at the club’s postal address.
In order for your views to be considered in good time, please submit them by Thursday 28 November.
We will consider all feedback from our members before proceeding to finalise the proposals ready for a vote on any amendments for ratification at the AGM on Monday 24 February.
The detailed amendments will be sent to all members in January with the Annual Report and Accounts mailing, along with a copy of the club’s current constitution fully marked up with any changes that have been proposed.

12 comments:

  1. Probably not, but I think they are removing it ? Can't see advantages for new arrangements, clearly moving away from democracy and towards executive control. They just say it is in line with Sport England advice, but is it, and is that such a big deal anyway, surely they advise, not command ?

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  2. It does seem to be being used right now though to block candidates, that just seems terrible, sorry had not fully grasped that. Must be possible to change that one rule immediately ?

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  3. Quiz!!!

    a) If you have a copy of the Constitution please find where a Seconder is required for Constitutional Changes / Amendments

    b) If you have a copy of the Constituion please find where there is a 70 age cut off for Committee Election / re-election

    c) If you have a copy of the Constitution please find Committee Rule 10.3 - or even where there is any reference to a set of separate Committee Rules that apparently 'trump' the Constitution.

    d) If you have a copy of the Constitution where is there any reference to the Committee being able to veto Committee nominations which meet the requirements of the Constitution?

    So - does the Chairman feel that the Constitution doesn't apply to him or that he can 'interpret' it as he wishes - the Committee is not his private fiefdom.

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  4. A lot of clout there for a non- member in a “Members Club”.
    Presumably under the proposed rule changes this would allow the current CEO or DoC to attain the non-member role as the rule on current or ex-employees (3yr embargo) appears to have possibly been dropped ? #ConfusedOfNG5

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    1. As we have been warned the 'devil' is in the detail - so, YES, you are apparently correct in that assumption!

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  5. Reading from Age Uk website "Under the equality act age discrimination is against the law in almost all circumstances". Mostly the detail that follows relates to employment. I would suspect that becoming a committee member would not be regarded differently in law since much of the information is about the damage to an older person that would be caused by "unfair and disproportionate acts of discrimination.There is a procedure for complaints.

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    1. I believe that you may well be correct Chris. I have already made a Formal Complaint. Regardless of the actual legal nuances that may exist why is the Committee disallowing 70 year+ nominations this year when they are eligible, if the new Governance Resolution are passed, next year? It is nonsense and reflects adversely on the Club.

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  6. Completely agree with and support that Phillip. Along, I'm sure, with the rest of us contributers I hope that you succeed not only because of our love of (real) cricket and Notts but also, at least for me, because of the insult that this particular suggestion delivers to senior people. It would be great if one amongst us had access to legal opinion so that we might then have this stupid idea killed.

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  7. All this needs serious consideration . The potential ramifications are not that easy to fathom out . I think we need guidance . I know Philip M will help in this respect . But we need plenty of others to come forward on here to give their views . Reading the pros and cons of what is proposed will help formulate the correct way to reply .
    More views please !!

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  8. My Feedback to the Club:

    a) I have serious reservations regarding the Nominated Committee Members and the Nominations Panel.

    We are a Members Club and this significantly shifts the power and decision-making away from the Members.

    It is not defined what 'non Member' means - who would 'select' this person? What would their 'qualifications' be expected to be? Could they be self-nominated?

    The Terms of Office would also seem to preclude Committee members being able to be re-nominated after their Term of Office has expired - I would prefer that any Committee Member serve a 3 Yaer initial term followed by the opportunity of a further 3 years followed by a break of 3 years after which they could again stand for Office.

    In relation to Amendment to the Rules I believe that there ought to be a Proposer, Seconder and then 18 others in support. I also believe that Members ought to be able to seek the support of other Members through the Notts Web Site - as in the 'off' Season it may well be extremely difficult for Members to contact each other in sufficient numbers.

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  9. I understand that OUR/YOUR Committee have upheld their secret Rule to prevent anyone aged 70 or over standing for the 2020 Committee. I hope that others will now join me in calling for the Chairman and the Committee to resign en bloc immediately. This appears to me to run against Equality / Equal Rights legislation - or at the very least the 'spirit' of such legislation and amounts to Age Discrimination. Do we really want to belong to such a Club that treats its more Senior Members in such a manner?

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