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Constitution Changes

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Lee Harradine
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Lee Harradine Tue Jan 25, 2022 3:38 pm

Lee Harradine wrote:There will be a Special Meeting to adopt changes to the Constitution, on 9th February.

I hope the changes are explained before the needing. They're currently shown only by a large number of amendments to the current Constitution.

It would be helpful to have a short summary of the changes well before the meeting so that members can make an informed vote.
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Lee Harradine Mon Jan 31, 2022 11:25 am

https://emailevents.sportsubs.com.au/api/ViewInBrowserHandler?emailGUID=75499def-f4fc-489c-bda6-985e22f3a5f1&contactGUID=43976309-76c0-4e00-b4e3-5e0dd3a21299

A notice from the Club that there are some late changes.

There's no explanation that I can see as to what they are.
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 12:18 pm

I fully endorse Lethal's comment above!

To try and assist posters here I am presently going through the "clean" and "marked up" documents and will offer a few comments of explanation to assist.

Please understand that in no way does any of my comments reflect the views nor discussion of the Constitution Review Committee that I was part of.

These comments I offer a totally my own individual thoughts on the changes and why I will be supporting them.

I am also willing within limitations of my non-legal background answer any questions a poster may have --- IF I CAN

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 12:23 pm

The first one is the easiest --- the existing constitutions predominately reflect history in the use of the term "HE" === throughout the documents any gender wording is replaced with the word "THIER".

Self explanatory and consistent with modern times where we now have senior female players and female members.

Side note and off topic === I see the female footballer program as being potentially the long term savior of our great club in future times

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 1:02 pm

Changes and new rules in section 7.2 Life Members in reference to player life membership.
====================================================
The existing Constitution for player Life Membership reflect a past time where the League and Reserves were effectively separate teams within the club with their own separate staff, committee and staff ====== The Club has moved past that and  now all 60/65 approx players are considered part of the senior training squad -- further when recognizing games played for west Adelaide the Clubs position is to recognize all games played for the club at all levels including junior levels.

NEW Rule 7.2.6 reflect this approach and recognizes that the work by all senior squad members at both League and Reserves for the club to have a top League side.

Rule 7.2.6 Playing service for any senior team will count towards ten (10) year Playing Life Membership, that is to say it includes Reserves or B Grade matches

Changes to Rules 7.2.2.2 and 7.3 reflect NEW Rule 7.2.6.
========================================================

The Club's has previously treated service as a player to be separate to service in other area's ---- further at times in past broken service has resulted in officials not gaining Life Membership --- The NEW Rule 7.2.4 and 7.2.6 corrects and clarifies.

Rule 7.2.4 In determining periods of service, that all periods of service are to be taken into account and such service does not need to be continuous service.

7.2.5 That (apart from requirements in relation to Player Member Life Membership referred to in Rule 7.2.2.2 and 7.2.3) all types of service are to be taken into account when determining qualification for Life Membership including playing, official and volunteer service.

=========================================================
I do not see these changes causing a massive influx as all candidates must still be 3 stage vetted but does mean that a Westies  person like the Smurf can get Life Membership which was previously rejected ------ I support these recommendations to the hilt and as an existing Life Member do not consider that they will lessen this high club honor.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 1:21 pm

Deletions from Rule 7.3 and 21.16 reflects Legal Advice at last Constitution change that Playing Members have full Members rights.

7.3 Playing Members
A Playing Member as defined in Rule 2.8 will be a member of the Club. Playing Members are entitled to all privileges of membership. A Playing Member may also be an Ordinary Member.


Note reference to Rule 2.8 should refer to Rule 2.13 --- error in existing Constitution --- club is aware


Last edited by Oldfella on Mon Jan 31, 2022 1:26 pm; edited 1 time in total

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Post by Oldfella Mon Jan 31, 2022 1:26 pm

Wording added to clarify time lines for member, official or person to respond to club.

12.9.2 Such member, official or person must be given an opportunity by the Board to show cause, and may be required by the Board to show cause in writing, as to why it should not cancel the membership of that member or withdraw their membership privileges.
The person shall provide their response within twenty one (21) days
of the receipt of the complaint from the Club. If the Member fails
to respond within that time, the Board may deal with the complaint
at any time thereafter.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Coolie Mon Jan 31, 2022 1:51 pm

Thanks Oldfella. As inciteful as ever.
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 2:05 pm

Changes to Rule 14 and subsections MANAGEMENT OF THE CLUB AND BOARD OF DIRECTORS

Removal of redundant Rules reflecting change over action at time of last Constitution change.
--- common sense change

Changes relating to increase to Board by 2 for a total of 9 ---- The original SANFL provided Consultants report  Constitution Changes - Page 2 1f600  Constitution Changes - Page 2 1f600 advised for 3 year teams for Nominated Board Members based on a line of thought that it needs 3 years for a person to become proficient in this role  Constitution Changes - Page 2 1f633 (read Lethals previous correct statement) but then recommended 2 years for Member Elected Board Members --- simply put WTF!!!!

Member Elected Board Members extended to 3 years for Board consistency and increased by 1 to allow one replacement per year === additional Nominated Board Member reflects odd numbers for voting situations and NEED for a Director to take direct responsibility for Female Football Operations ( a bigger and bigger role in near future).
14.2.2.5 one (1) Director possessing skills and experience in respect of Women’s Australian Rules Football.

I do support these proposals especially new rule 14.2.2.5 given my thoughts on female football operations previously expressed.

I recognize what others have said about getting any members to nominate for Member Elected Positions but that is a separate problem which we need to try to address.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 2:22 pm

Rule 14.2.7.1 through to rule 14.2.8.1 and any rules included within this range part removed or included in modified rule 14.2.6

14.2.6 The Board shall have the discretion to extend or reduce the term of any Director (other than a Director appointed to fill a casual vacancy pursuant to Rule 13.3) by no more than one (1) year to ensure if possible that the terms of President and Finance Director do not expire in the same year, and the terms of the Football Directors also do not expire in the same year and in respect of any Members Nominees that their terms do not expire in the same year.

Putting it simply Key personnel on Board leaving at some time leaves a knowledge gap and restricts effective hand over of key roles ==== This rule refers to two separate groups not to be replaced at same time , first group is President and Finance Director while second group is the two football Directors.

This change makes sense to me with my limited knowledge and I will support the proposal.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 2:34 pm

The reasoning behind this change is a person could join first day of new financial year and be eligible to nominate for the Member Elected Board position under the present constitution.

If a 2 financial year limit was set then person could join last day of financial year and get new membership next day (first day of financial year) even though they have been a physical member for around 4 month in total.

Hence 3 financial years seemed a good start point to me ===== Read between lines BRANCH STACKING is made more difficult.

20.2.1 in respect of a Members Nominee(s) the candidate must be a current Member and has been a Financial Member of the Club for not less than three (3) non-consecutive Financial Years and which nomination is signed by two (2) members and the candidate;

This is a very very import change IMO and i fully endorse it.


Last edited by Oldfella on Tue Feb 01, 2022 12:02 pm; edited 1 time in total

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 2:43 pm

Amended Rule 22.3.

Again putting it simply if the manner in which the proxy is to vote in respect of a particular motion is not filled in then the proxy vote is classed as INVALID and NOT include in the overall count.

The obvious aim is to stop branch stacking or vote farming to potentially take even more control of the club from Members.

]22.3 A form appointing a proxy must specify the manner in which the proxy is to vote in respect of a particular motion and, where an instrument of proxy so provides, the proxy must vote on the motion as specified and directed in the form of proxy.

I strongly support this proposed change.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 2:48 pm

Well my children that finishes my work as what is left is self explanatory --- enjoy your home work LOL.

MOST IMPORTANT.

If you note any error or typo's or want to change anything then in strongest terms i say RING THE CLUB OFFICE and they will help.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Bottle Top Mon Jan 31, 2022 4:28 pm

Thanks Oldfella,

your itemized rundown of the proposed changes was most helpful.

have you considered being the Clubs Communications Manager? Wink
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Mon Jan 31, 2022 4:40 pm

Thanks mate your praise makes me all embarrassed.

I am a Life Member and I was trained by my Grandfather and my Father (both Life Members) that my duties as a Life Member is to the club and to assist Members where ever and how ever I can --- a belief embraced by many fellow LM like Lee for example.

Reference Clubs Communications I believe that they have much improved in last 6 months and that the 2 ladies in the office are directly the reason why --- no I do not want the job.

Fancy trying to keep you buggers happy all the time LOL

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by aldo russian Tue Feb 01, 2022 10:47 am

Oldfella wrote:

20.2.1 in respect of a Members Nominee(s) the candidate is must be a current Member and has been a Financial Member of the Club for not less than three (3) non-consecutive Financial Years and which nomination is signed by two (2) members and the candidate;


The candidate 'is must be' a current member? Have another go.
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Tue Feb 01, 2022 12:02 pm

Thanks Aldo --- a typo by me as I was getting rather tired LOL --- copied from wrong document.

Should read as follows and have edited earlier post


20.2.1 in respect of a Members Nominee(s) the candidate must be a current Member and has been a Financial Member of the Club for not less than three (3) non-consecutive Financial Years and which nomination is signed by two (2) members and the candidate;


Thanks again

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by aldo russian Tue Feb 01, 2022 1:53 pm

Ok, no worries oldfella.
By the way, if the annual report was released after the date specified, what is the consequence of that?
More broadly, if no consequences are spelt out in the constitution for breaches of it, is that not a shortcoming that needs to be addressed?
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Tue Feb 01, 2022 2:30 pm

This question is way out of my league my friend. It is not just about our Constitution but also about what is required within the provisions of the Associations Incorporation Act 1985 (as amended) --- there also is SANFL requirements.

Answer to your question very much off the cuff --- probably should be some provisions in Constitution but not this time round.

It is my experience that if an entity tries to cover all potential aspects/issues within a Constitution/operation rules then said document becomes convoluted and near impossible to read and comprehend. KISS Principle is best IMO.


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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Thu Feb 03, 2022 10:36 am

Just booked in to attend -- I know Lethal will be there but who else is or are you watching online.

The online viewing is a great idea IMO for our rural and interstate Members.

If you are not physically attend and want to vote please remember to send in your Proxy vote.

Contact club to get copy of Proxy form sent out

NOTE THE FOLLOWING.

22.5 The form appointing a proxy shall not be treated as valid unless it is deposited by delivery, fax or e-mail not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, at the office of the Chief Executive Officer or other such place as is specified for that purpose in the notice convening the meeting.

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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Bottle Top Thu Feb 03, 2022 11:50 am

Oldfella wrote:Just booked in to attend -- I know Lethal will be there but who else is or are you watching online.

The online viewing is a great idea IMO for our rural and interstate Members.

If you are not physically attend and want to vote please remember to send in your Proxy vote.

Contact club to get copy of Proxy form sent out

NOTE THE FOLLOWING.

22.5 The form appointing a proxy shall not be treated as valid unless it is deposited by delivery, fax or e-mail not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, at the office of the Chief Executive Officer or other such place as is specified for that purpose in the notice convening the meeting.
what email address are people using to contact the club? I have emailed the club twice regarding a proxy form using 2 different club emails and are yet to receive any reply.
i would very much like to have this proxy voting done by tomorrow.
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Thu Feb 03, 2022 11:57 am

Mate,

Contact the club on 8352 4022 or at reception@westadelaidefc.com.au

Frankly, I would ring club reception and speak to Ruby (option 1) who will fix issue for you in preference to the email

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Post by Oldfella Thu Feb 03, 2022 12:11 pm

Bottle Top,

Think hopefully your problem is solved.

Please give it until tomorrow.

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Post by Bottle Top Thu Feb 03, 2022 5:07 pm

thanks for your help Oldfella,

Ruby got in contact with me this afternoon.  Constitution Changes - Page 2 1f44d
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Constitution Changes - Page 2 Empty Re: Constitution Changes

Post by Oldfella Wed Feb 09, 2022 9:45 pm

The Constitution amendments were approved by Members

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