Tuesday 5 November 2019

Chairman vs Constitution (?)


Philip has asked for his most recent correspondence with Mr Tennant be shared, which you will see below. At this juncture, I offer Mr Tennant the opportunity to make his own case on this forum.... just Email me to the address previously mentioned on posts and that can also be found in the Notts handbook 2019. Alternatively DM me on Twitter. I do think that some clarification is required if nothing else Mr Tennant.

Via inderect means Mr Tennant has let be known that he is unhappy for his own words, written privately to a Member, have been shared on this forum. Nottsview has taken the option to redact his word but the offer remains open to him (RT) to clarify his/their rulings on current constitutional matters, a constitution which is now up for review by members when only small portions of the current constitution is known by, I would hazard a guess, most members. How the whole constitution is written and how rules "dovetail" with eachother, remains a mystery to most.

Philip wrote:


Perhaps you may wish to publish the following exchanges between myself and the Chairman.

I do find it extremely concerning that the Chairman clearly does not understand the Constitution and seems to interpret it (perhaps with the Committee's support) in a manner which best suits himself (and perhaps the Committee).

There is currently NO 70 year age limit - he 'uses' an unconstitutional and 'secret' set of Committee Rules - which I contend are ultra vires (unlawful) and smack of Age Discrimination. I regard this as an extremely serious wrong that the Club has permitted to exist for many years now despite my own unsuccessful challenges to it.

The fact that he also does not know the requirement for submitting Amendments / changes to the Constitution is equally worrying - Members have for too many years now been kept in relative ignorance of their Constitutional (and legal) rights by not having it made clear to them publicly until the last week that they are each entitled to their own copy of the Constitution of the Club of which they are full Members.

This means that INDIVIDUAL MEMBERS are currently in order to submit CONSTITUTIONAL CHANGES & AMENDMENTS TO THE 2020 AGM without any requirement for even a Seconder - a matter that the Chairman and the Committee COULD have sought to rectify years ago - but lack of attention to detail perhaps reflects even more so on poor legal scrutiny by the Club's solicitors.

As somewhat of an 'amateur' Constitutional 'anorak' perhaps the Chairman ought to have done what he promised some 2 or more Seasons ago and kept me in the 'loop' over proposed Constitutional changes and responded to my previously expressed concerns.

So here are my recent exchanges with him:


FAO: Mr Richard Tennant,

In the just circulated Governance Document it refers to the current situation of Amendments to the Constitution requiring a Proposer and Seconder.

Where, please, in the Constitution is there any reference to the need for a Seconder?

Also, where is there any reference to the 70 age limit?

Kind regards,

Philip

Dear Mr Measures

Thank you for your email regarding the Constitution.

You are quite correct in pointing out that in our current Constitution, there is no requirement for a seconder in proposing an amendment to our rules. We will correct this error now  and ensure it is correct when we send out our final documents detailing the proposed changes for the AGM.

In regard to the 70-year rule, the Club’s current policy regarding membership of the General Committee is contained in Para 10.3 of the Committee Guidelines which state that:

 ‘Members should not seek re-election after their 70th birthday.  A current Committee Member should retire at the end of the three-year period that contains his or her 70th birthday, the important date being the day before the AGM.  This means that a member could retire aged 70, 71 or 72.  Someone standing for the Committee for the first time who is 69 years of age on the day before the AGM could apply for election and serve three years maximum.’   

The reason there is an age limit applied to the election of Committee members is that under our current constitution there is no other method to limit the term of office Committee Members may serve. You will be aware that, the 70-year rule has been applied for some years and indeed, Stuart Foster retires this year from the General Committee because of it. It is important that the Club has a mechanism to ensure the term Committee members serve can be restricted.

If our governance proposals are passed at the AGM in February 2020 there would no longer be a need for the 70-year rule.

Thank you for your feedback.

Kind regards

Richard

6 comments:

  1. Details of my Formal Complaint:
    7 November 2019

    Dear Mr Tennant,

    Further to our various emails, letters and meetings since 2016 I now wish to raise a FORMAL COMPLAINT against yourself and the Nottinghamshire County Cricket Club.

    The grounds of my complaint are as follows:

    a) I have made it clear over the past 3 years that I do not believe that there is any UPPER AGE RESTRICTION on Committee membership contained within the Constitution of the Club.

    b) By seeking to apply such a restriction under the Committee’s own Rules (Rule 10.3 of the ‘Committee Guidelines’) I believe that the Club has exercised an unlawful and unconstitutional approach which has violated individual Committee members, and prospective Committee members legal and constitutional rights. The Club continues to seek to apply this Rule to both existing as well as potential Committee members.

    c) The just issued Governance document is also inaccurate in stating that :
    Proposed amendment to the Club Rules
    Under the existing terms of the club’s constitution, any individual Member of the Club – with one seconder – may propose a motion at an Annual General Meeting.
    I note that you have today confirmed that that is inaccurate and that no Seconder is required.

    I feel that you should now re-circulate the Proposals with the correct information.

    d) In that same document you also restate the 70 Rule – so in accordance with a) above I am requesting that that also be removed.

    e) In refusing my own Committee Nomination I feel that I am the subject of Age Discrimination by the Club and I seek the appropriate remedy for that. I am reluctant to make an accusation of bullying but it FEELS very much like that – you and I have discussed matters for some 3 years now and the Club has had every opportunity to seek to resolve the matter. Has legal advice been taken? I do not have the financial means to bring an Action against the Club and that is why I felt forced to withdraw my own Committee nomination.

    f) I also understand that Committee nominations are discussed for ratification or otherwise by the Committee – whilst there are clear restrictions on Committee membership eligibility where a nomination is made in full accord with the Constitution what rights do the Club / Committee have to seek to over-rule such nominations?

    I have nothing but the Club’s best interests at heart and I am a serious protagonist that the rights of individual members must be safeguarded and protected – I expect the Committee as the members duly elected representatives to also share and uphold that principle.

    I would welcome the Club’s processes and timescales for dealing with this Complaint.

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  2. Shabby and sad from the club we still love

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  3. And if you look at:

    https://www.trentbridge.co.uk/news/2018/december/former-professionals-guiding-outlaws-of-the-future.html

    You will see that Darren Bicknell, Committee Member was RECRUITED as a COACH, so how come he could remain on the Committee? Another 'dark' place which needs a light shining into it?

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  4. No doubt about it Philip . For a very keen member/supporter to be fobbed off like that is simply not acceptable . I think the Club owes you an apology . Will you get one ?
    Highly unlikely .

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  5. Stonewall Jackson8 November 2019 at 19:47

    On a slightly different track, noticed Pravda(Notts Website) big headlines on Dawid Malan and his heroics today. But hang on minute whats he gotta do with Notts CCC.Absolutely zilcho. But of course as well as defecting to the Tykes he also was signed by the Trent Deep Pockets(rockets) for next season.The club propaganda machine is really pulling out all the stops in the abscence of any positive news regarding the actuall Notts CCC team

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  6. A number of Members and I are in discussion with each other and it does seem that more announcements of departures from the Club are yet to be made. I am even more convinced than ever that we are slipping further and further into serious crisis and that there are a number of people who ought to perhaps be giving serious consideration to their own personal situations. There is clearly an 'historic' problem which the present Committee have 'inherited' going back to when perhaps questions were not asked as they ought to have been and decisions not thought through sufficiently well - it is not, for instance, this current Committee that agreed that Mick Newell should be line managed by Lisa Pursehouse although some were on it at the time. There now needs to be a wholesale, detailed and clearly-defined review into all aspects of the Club's management. We need especially to take steps to remedy the current alienation of Members - many who have been members for many years - and restore the feeling of it really being 'our' Club and us taking pride in being Members of it. There is a monumental task ahead - do we have the right people in place to accomplish it though?

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