[plug] The AGM again

[Bret Busby]

On Sun, 28 Dec 2003, Cameron Patrick wrote:

> 
> G'day people,
> 
> On Wed, Dec 03, 2003 at 05:26:10PM +0800, Cameron Patrick wrote:
> [...]
> | it seems as though we're too late for any nominations now?
> | 
> |     (3) Subject to subrule (5), a person is not eligible for election to
> |     membership of the Committee unless a member has nominated him for
> |     election by delivering notice in writing of that nomination, signed
> |     by-
> | 
> |             (a) the nominator; and
> |             (b) the nominee to signify~ his or her willingness
> |                 to stand for election, to the Secretary not less
> |                 than 28 days before the day on which the annual
> |                 general meeting concerned is to be held.
> | 
> | Note the "28 days before the AGM" clause.
> 
> So, if we're going to have an AGM in January or early February, then
> perhaps it would be an idea to at least start thinking about this again?
> 
> Cameron.
> 
> _______________________________________________
> 

As a person who has been a chairman/president of other incorporated 
organisations, and has had dealings with the WA state government 
department that deals with incorporated, non profit organisations (it 
was once named the ministry of fair trading), whatever it is now named, 
as the state government appears to like shuffling the names of 
government departments, to confuse the public, it is my experience, that 
the department has not been too worried about organisations 
strictly following their constitutions, or statutory requirements, as 
long as the general membership appears to be reasonably satisfied 
overall - the department has been more interested in the continuation of 
the organisations.

Thus, for example, if the membership, overall, appears to be reasonably 
happy with notice of an AGM being given, for example on the list, with 
only two weeks notice, with nominations for all positions being open 
until calling for votes at the AGM, and not needing seconders, if 
everyone at the AGM is more or less satisfied with the results (or most 
attending the AGM, are satisfied with the results), and there are no 
real shonky thinks going on, like the treasurer taking the books and all 
the money, putting it in a swiss bank account, and fleeing overseas, or 
to the principality of Hutt, or something, the government department is 
not likely to be overly concerned.

This also can go to things like the requirement for annual auditing, 
which can cost more than the assetts of an incorporated organisation, 
and is not allowed (by law) to be done by a member of the organisation, 
or someone related, and the government department has not been overly 
worried, where the organisation appears to be acting in good faith, and 
the membership is generally satisfied with what is going on. Some of the 
organisations have not had their books audited, as it would have been 
unreasonable for the organisations, but have kept reasonable records of 
what has gone on, and what has happened with the money, or have been 
audited by a member. Also, for some of the organisations, AGM's have not 
been held some years, because the membership decided against it, or 
because quorum was unable to be met. That can happen regardless of the 
executive, and has happened before I was an office-bearer, when I was 
an office-bearer, and, after I was an office-bearer.

So, I suggest that it is not really worth worrying about strictly 
following the rules too much; it is preferable to operate in a way with 
which the general membership is mostly happy.

Personally, I would suggest that, given the timing of the Linux 
conference, it would probably be a good idea to have an AGM at about the 
end of January, and have the nominations for positions, open until they 
are closed at the meeting just before electing people to the positions 
(if voting is required), as, from experience, apart from the difficulty 
to get people to attend General Meetings, the difficulty of getting 
nominations for office-bearers and ordinary committee members, can be 
great enough, without worrying about being pedantic about it. Perhaps, 
if someone who is going to be away while the AGM is held, but will be 
otherwise present to perform their duties, wants to nominate, an 
absentee nomination could be accepted up until the commencement of the 
meeting, so that people at the start of the meeting, will know of anyone 
who will be absent for the meeting, but wants to stand for a position.

And, there is the aspect that someone who may not be currently 
financial, could front up to the meeting, make themselves a financial 
member, and, nominate for fill a position that might not otherwise be 
filled. Who knows; you could find something like a secretary or 
something, like that. And, it could encourage people who are not 
currently financial, to make the extra effort, to attend the AGM and 
become financial.

If people want to nominate, let them do it right up to the time that the 
election occurs (voting, if necessary), with something like a "final 
call for nominations", just before declaring a position filled (or 
unfilled), or, if required, just before the speeches before a vote; if 
the members don't want a particular person for a position, they will 
soon take care of that, by nominating a rival candidate, and voting for 
whoever they want.

I am not suggesting that PLUG should gratuitously flout the law - what I 
am doing, is saying that, from my experience, the applicable WA state 
government department has, in the past, been reasonably flexible about 
these things, and I suggest that the most important thing, is that the 
general membership are mostly satisfied with what happens, overall, and, 
willing participation (like trying to get as many nominations for the 
positions, as possible, to get the positions filled, and, to get 
people who do the jobs because they so want, rather than feeling 
pressured because no-one else could or would nominate), is similarly 
important.

Those are my thoughts, anyway.

-- 
Bret Busby
Armadale
West Australia
..............

"So once you do know what the question actually is,
 you'll know what the answer means."
- Deep Thought,
  Chapter 28 of 
  "The Hitchhiker's Guide to the Galaxy:
  A Trilogy In Four Parts",
  written by Douglas Adams, 
  published by Pan Books, 1992 
....................................................