Posted on behalf of Cobbetts Boules Club One week to go to the EPA AGM. As a result of the disciplinary procedures taken against Dan Soriano at the end of 2013, where the 2 year ban from EPA competitions was increased on appeal by the EPA MC to a 3 year suspension of license, Cobbetts Boules Club have raised 3 motions for the AGM. Two of these motions have been accepted for discussion at the AGM by the EPA MC. Motion1 As you are aware the current constitution and procedures do not include, at any stage, the involvement of a Registered Club. We would propose that additions to articles 11.3.1, 11.4, 11.6 of the EPA constitution shall be made as follows: Addition to 11.3.1 - If the defendant is a member of a Registered Club then a copy of the letter shall also be sent to the Registered Club’s Secretary. Addition to article 11.4 – If the defendant is a member of a Registered Club then the Disciplinary Committee shall keep the Registered Club informed of developments at each stage of the Disciplinary Procedure. Addition to article 11.6 – This decision shall immediately be communicated to the defendant, and the Registered Club, if the defendant is a member of a Registered Club. Motion 2 The current constitution and procedures permit the Management Committee, as complainant, to appeal the decision of the Disciplinary Committee appointed by themselves. We propose that an addition to Article 11.7 shall be made as follows: Addition to article 11.7 – If the complainant is the Management Committee then the Management Committee shall not be permitted to appeal and must accept the decision of the Disciplinary Committee. The third motion has been rejected by the EPA MC on the grounds that disciplinary matters cannot be discussed at the AGM. Motion 3 “It is proposed that the decision of the disciplinary hearing concerning Dani Soriano should stand, that the EPA Management appeal should be disregarded and the decision of the Appeal Panel rescinded” • The EPA MC have refused to accept this motion even though this gained the support of the SCPA committee at the January SCPA meeting and support from the representatives of clubs that were present. Many of these clubs have since consulted with their members and have sent further letters of support for the motion. • We believe it wrong for the EPA MC to appeal against a decision made by the disciplinary committee they themselves appointed. • We believe it is wrong that Dani was not informed that the EPA MC were going to appeal having been advised, in good faith, not to appeal himself. • We believe it is wrong that both the disciplinary committee and the Appeal Panel only heard evidence from one side. The Appeal Panel should be Arbirators and, by definition, for arbitration to take place then both sides must be heard. The EPA Constitution 11.7.1 states: Such appeal shall be resolved by an Appeal Panel comprising three Arbitrators none of whom shall be officers of the Association, members of the MC or members of the Disciplinary Committee. The EPA Constitution 11.7.2 states: Should there be insufficient Arbitrators available then the National President will nominate worthy Individual members to sit on the Appeal Panel. The EPA MC refuse to identify the members of the Appeal Panel but it has been confirmed, at the March SCPA meeting, that one of the 3 arbitrators (2 were elected at the November AGM and one co-opted after the AGM) was not asked to sit on the Appeal Panel even though available. This would appear to be in violation of the EPA Constitution and we believe brings into doubt the validity of the Appeal Panel and therefore the decision that they reached. We have asked the EPA MC to show where it says that disciplinary matters cannot be discussed at the AGM. They have failed to answer this question and now refuse to enter into any further correspondence. We would like to know what forum is available for members, clubs and regions to question the conduct of the EPA MC in handling disciplinary matters if it is not the AGM. The stance they are taking means that they are totally unaccountable on this subject to the members they are supposed to represent.
Posted on: Sun, 23 Mar 2014 22:16:14 +0000
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