Dear Members, Invalid Correspondence to Members of 27 May 2013 in wilful violation of the Rules As you may be aware, over recent weeks serious matters have been brought to the attention of the Executive Committee of the Club, matters that have given members cause for concern and in some cases, serious distress. It has been brought to the Executive Committee’s attention that some Members have been involved in organising and participating in a purported ‘Special General Meeting’ of the Club on Sunday 26 May 2013 in wilful violation of the Rules of the Club. Following the purported ‘Special General Meeting’, it is the Executive’s belief that a Member or Members of the Club forwarded to a number of other members of the Club, including the entire membership of the Management Committee, correspondence on Club letterhead dated 27 May 2013 concerning various purported non compliance with the Rules of the Club. Whilst signed, the correspondence does not indicate the name of its author. In some cases, the correspondence purports to call some Members of the Club, including the entire Management Committee, to a purported hearing of a newly constituted Judiciary Committee, purportedly replacing the existing Judiciary Committee of the Club, on Sunday 16 June 2013. Independent Legal Advice The Executive Committee is obviously highly concerned about these developments. In order to gain an objective assessment of the alleged actions of those involved in the purported ‘Special General Meeting’, the Executive Committee has obtained independent written legal advice from an external legal service provider expert in this area. In summary, that legal advice is that the purported ‘Special General Meeting’ was not a meeting contemplated by the Rules, was improperly convened, and the purported ‘Special General Meeting’, and the resolutions purportedly passed at it, are invalid. The advice also concludes that SurfGuard appears to have been accessed and used for an improper purpose and possibly in breach of obligations that exist under the Privacy Act. Next Steps The Executive Committee of the Club has for years worked tirelessly to unite the Membership of our great Club and move forward as one. Unfortunately, it appears that some members are not interested in that positive approach, and instead are focused on division. This approach is damaging to the Club and not acceptable to the Executive, and the latest developments require serious remedial action to ensure that this type of behaviour is never repeated. In this regard, the Executive is also in receipt of independent legal advice that members involved in the purported ‘Special General Meeting’, and the circumstances surrounding it, are open to disciplinary charges under the Rules. Accordingly, in accordance with the independent legal advice, the Executive Committee and Management Committee of the Club will in coming weeks take appropriate steps to ensure that those members involved in the purported ‘Special General Meeting’ are brought to account, both in accordance with the Rules, and the law. In this regard, the Executive Committee has been, and remains in contact with Surf Life Saving Sydney, Surf Life Saving New South Wales and Surf Life Saving Australia regarding these serious matters. In the interim, the Executive Committee advises all Members in receipt of correspondence on Club letterhead dated 27 May 2013, with no author name, to ignore such correspondence. The correspondence has been forwarded to members without authority, in wilful violation of the Rules and with no validity whatsoever. Furthermore, all Members directed to attend a purported Judiciary Committee hearing on Sunday 16 June 2013 are advised not to attend any such purported Judiciary Committee hearing which, if purportedly convened, will be purportedly convened in further violation of the Rules, will have no authority under the Rules, or at law, and any Member/s involved in the convening of any such purported Judiciary Committee Meeting may be liable to further charges under the Rules. It is unfortunate that some Members have decided to ignore the Rules of our Club and create division, mistrust and confusion amongst the Membership. However, whilst the actions of only a few have brought us to this point, it is with unity amongst the Club membership at this difficult time that those involved will be brought to account, and dealt with in accordance with the Rules and the law. The Club will then finally be able to close this chapter of our otherwise fine and honourable tradition, and move forward to the special place that we are all taken to when arriving at the Club and looking out across the Reef in the knowledge that ultimately, we are all trying to help not only our community, but each other. Yours faithfully Bill Shires President Sandra Fox Captain Aaron Neal Secretary Tom Bodger Chief Instructor Ian Hopkins Treasurer
Posted on: Fri, 07 Jun 2013 07:19:55 +0000
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