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Proxy nomination question re proposed constitution change ..


Guest rocketdriver

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Guest rocketdriver

The form says you have to nominate a financial member who attends the meeting by name and including their address. I'm concerned that if I don't include the address of the nominated person, my proxy might be ignored, especially if it goes against the wishes of incumbent board members.

 

Or am I being overly cynical / cautious?

 

So, my question. Who can I nominate? ... who is going to the meeting and is prepared to publish their address so we have a nominee for our proxies?

 

Cheers

 

RD

 

 

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The form says you have to nominate a financial member who attends the meeting by name and including their address. I'm concerned that if I don't include the address of the nominated person, my proxy might be ignored, especially if it goes against the wishes of incumbent board members.Or am I being overly cynical / cautious?

I picked that up also and I think that without the requested information, the vote would be invalid!

 

Why is the address needed at all?....Wouldn`t the RAA membership number be more appropriate?....They have the members personal information!!!020_yes.gif.58d361886eb042a872e78a875908e414.gif

 

Frank.

 

 

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Guest davidh10

Just another feature of our "Rules of Association" that need fixing.

 

In public companies, it is sufficient to nominate "The Chairman of the meeting", which is always offered as a choice, however the Nomination form is part of the "Rules of Association", so must be followed (Item 30). On the form it says, in part, "...and shall be in the form or to the effect following:-", so a letter of appointment, containing the required information would also be valid.

 

There is nothing in the Rules or the Proxy Form that says a full address is required, or that it be their residential address. It just says "appoint _____ of _____ or failing them _______ of _______ as my proxy...".

 

Personally, I don't see why you could not nominate "The Secretary of RA-Aus" of "PO BOX 1265, FYSHWICK, ACT 2609". After all, that is the Secretary's address for service of notices. The same applies to other Executive members. In order to be an Executive, the person must be a Member, so any Executive position fits the requirement.

 

The advantage of being able to use "The Chairman of the Meeting", is that the meeting must always have a Chairman, as well as being clear and unambiguous.

 

 

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There is nothing in the Rules or the Proxy Form that says a full address is required, or that it be their residential address. It just says "appoint _____ of _____ or failing them _______ of _______ as my proxy..."..

As usual, it depends on the interperation!...020_yes.gif.58d361886eb042a872e78a875908e414.gif...On the back of the form it clearly states, " Please write the name and address of the individual that you wish to appoint as you proxy in the space provided"

 

Ambiguous?....Certainly!!!

 

Frank.

 

 

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Don, you might also find out if the proxies can be constrained to supporting only the motions on the notice paper. It has been known for proxy holders to use the proxies in ways not forseen by the proxy giver + like voting on procedural motions including that the matter be left on the table and then shutting down the meeting.

 

cheers

 

col

 

 

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Guest davidh10
As usual, it depends on the interperation!...020_yes.gif.58d361886eb042a872e78a875908e414.gif...On the back of the form it clearly states, " Please write the name and address of the individual that you wish to appoint as you proxy in the space provided"Ambiguous?....Certainly!!!

 

Frank.

Actually the official form, in the Rules of Association is a one page single sided document and has no stipulation about "address", so the version that does is an unoficial version. Nothing to stop you downloading and using the official one.

 

 

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Guest davidh10
Don, you might also find out if the proxies can be constrained to supporting only the motions on the notice paper. It has been known for proxy holders to use the proxies in ways not forseen by the proxy giver + like voting on procedural motions including that the matter be left on the table and then shutting down the meeting.cheers

 

col

Although the proforma Proxy appointment form only caters to either one motion or all motions, it is quite allowable to direct the proxy separately on each motion, of which notice was given. The proxy cannot then vote on any motions that were not listed.

What you have asked is another dimension again.... Proxy's choice on specified motions.

 

The answer will be interesting. The more permutations that arise, the more complex is the voting and verification procedure. At some point it becomes unworkable due to the time and procedural overhead.

 

 

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Actually the official form, in the Rules of Association is a one page single sided document and has no stipulation about "address", so the version that does is an unoficial version.

........So therefore the form to be filled out would in fact be unofficial and the vote could be disregarded!!!

 

Frank.

 

 

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Guest JRMobile

I just rang RAAus to confirm that the way I filled out the form is correct, ie in the space provided - "failing them . . ." - I had written "The Secretary" .

 

The office assured me that this is the correct procedure.

 

 

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Col,In the Constitution, Part III, Paragraph 30 "Appointment of proxies", allows a member to appoint another member as proxy. It constrains the granting of proxy to the "form set out in Appendix A."

The form supplied in the Magazine is close to being a facsimile of the form in Appendix A.

 

The form only allows voting for or against the motions recorded on the form.

 

No other use is enabled.

A proxy is a proxy is a proxy - the proxy holder stands in your place and IMHO can exercise your vote for all the business of the meeting including adoption of the various reports and procedural motions and any other motions from the floor unless directed, as in the special resolutions.

 

The proxies treated Nick Whitlam and Sir Lunch A Lot rather well - in fact, it would appear, chairmen of various organisations have raised proxy manipulation to an art form.

 

The proxy form says "as my proxy to vote for me and on my behalf at the Board/General Meeting of the Association.... ......... and any adjournment thereof."

 

You will notice that the form can also be used for Board Meetings, is it really intended that a proxy holder cannot act in your place fully?

 

My advice would be to hold your proxies for a bit or give them to a main and alternate proxy that you trust rather than handing them to just anyone, including executive members.

 

At this time I am going to Canberra - but can you trust me?

 

cheers

 

Col

 

 

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i'm getting worried....i wanted to be sure my vote counted (so voted early) and i believe that whoever i appoint as proxy puts my vote forward as if i was at the meeting...correct?

 

In the case of the directed votes - they can't use your vote at variance with your wishes - although at least one chairman claimed he could not be forced to vote the proxies if he didn't like the way they were directed. He saw it as merely a request. I think the NSW supreme court has set that one back into the box but only for the chairman.

 

 

 

I think instruction 3. is incorrect. My interpretation is that when a proxy has been given and there is no direction then the proxy holder is entitled to vote in whichever way they consider appropriate. My understanding is that the proxy giver can cross out the motion or not direct each of the motions on the proxy form. This is akin to saying "listen fred, hear what they say and then vote on my behalf as you see fit"

 

 

 

My other concern is for those parts of the gift of proxy where no direction has been made.

 

 

 

cheers

 

 

 

Col

 

 

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I have just noticed that the membership numbers of the proposers and seconders of the 2 motions have a zero in the front as mine has but when I voted in the election I didn't put the zero on the front when I wrote it on the back of the envelope. I have not committed this number to memory so copied it from the address details when I received the magazine (no zero). Does this mean my vote won't be counted?

 

From memory I am pretty sure that the membership on line renewal form wouldn't accept a zero as the first character of the number anyway.

 

Kevin

 

 

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Thanks Don and congratulations. Hopefully you will be joined on the board with Col Jones. I am looking forward to a more professional, accountable and transparent organisation in 2011-2012 that will create a benchmark that all future boards should strive to surpass.

 

 

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My hope as well, Kevin. Col would be a great addition to the Board. However, it will only happen if we all ask everyone we know to vote. Despite all the asking we did, very few, on a % of membership basis, actually did. We will need to do better.With Col on the Board I believe we will be able to assemble a majority in favour of openness and accountability and end the passion for secrecy.

 

There may be plenty who are confused about a second vote on top of the main election and a proxy for the Constitutional amendments thrown in.

 

If you are a NSW or ACT resident you need to vote again in the By-Election to fill the vacancy created by Carol Richards untimely resignation from the Board.

At last, you have said something I don't agree with Don. And I know, I know, I'm being pedantic. But it wasn't Carol's resignation that was untimely. It was the board's delaying the bi election that was untimely. But that's why we voted for you. So you can rally the team and fix that sort of problem for us.

 

Let me say in closing: "Go Col. GO!"

 

Keep the sunny side up.

 

Wayne.

 

 

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The by-election is probably the most important even in this Association's history.

 

It's crucial if there is to be a quick turnaround to end the secrecy and build a sound financial basis.

 

The key will be communicating this to the members club by club.

 

As much as the voting percentage was small in the latest election, the results showed that those who voted understood the issues.

 

It's just a matter of communication.

 

 

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Not pedantic Wayne - absolutely correct.I was uneasy as I wrote those words. You could also have questioned use of the word "resignation".

 

Anyhow, soon we will have the opportunity to do the things you voted for us to do. End the secrecy and open the Board up to interested members of RA-Aus.

OK, I'll bite. So now I'll question use of the word "resignation", and sincerely hope I'm not opening a can of worms.

 

From memory, at the members' meeting at Temora last Easter, a member asked a question along the lines of; Has our current CEO ever threatened one of our Board Members. As I seem to recall, after what I perceived as flannelling, the question was put in the "we'll have to look into that" bucket. My question is: Can you tell us from the minutes what the actual question was, and what is the answer?

 

 

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