Due to complete confusion reigning on various chat lists, I will publish my response on behalf of the Caretaker President of Arabian Racing NSW.
Hi --- ,
Glen has asked me to answer your questions about the comments on Arabian Racing Australia list, as he is a sad typist. Pretty much this is a storm in a thimble. None of the people involved in this conversation have asked Glen for the Minutes. He is not prepared to get involved in a public slanging match and bring Arabian racing into disrepute, only state the situation.
It is incorrect the Club does not exist as a legal entity. The entity forms when a meeting is called and a committee elected. Clubs do not have to be incorporated in NSW to exist but DO still have to met legal requirements. Incorporation provides protection against individual prosecution, not legality as an entity. As for Minutes, the law states currently financial members, a Club's auditor, the ATO and DFTNSW auditors are entitled to access Minutes. Others can make application to make an appointment with him to access the Minutes at their location at his discretion within standard business hours.
Glen was Acting President as Virginia resigned in April/May 2005 and left him holding the baby as Vice President. Glen is able to call and hold a meeting by physical presence, telephone or e-mail as per the Minutes of I think it is the second meeting. From memory it required 2 Members of the Exec, one being the President, and a quorum of 3. This was done due to the distance some had to travel. The Club effectively came to an impasse in April 2005 and there has been no Committee contact as such or AGM's since then. To go into the letter of the law, no Memberships have been paid since 2005 so I think you will find the only body left in the executive is Glen's as the last known President. Being a stickler for the rules and courtesy, he tried to contact as many people as he had details left for and reflect their wishes. Renee is leaving NSW and it was considered unreasonable to retain anyone's funds any longer and more than unreasonable to expect the Treasurer to continue to hold cash on behalf of a Club who's committee actually passed into oblivion on the 23rd January 2006. Financial memberships expired on that date.
The meeting was primarily to:-
1. Accept the resignation of Virginia formally and place Glen in as Caretaker;
2. Balance the books to $0 by refunding ALL 13 Memberships in full;
3. Place all documentation in the hands of the caretaker to await destruction on 06/04/2014; and;
4. Place the club into formal recess and void all positions other than the caretaker to secure the best protection possible for all former Committee members.
ARNSW will continue to exist for the next 7 years, it is in recess, not shut down.
ALL Memberships include those like Virginia who had completely resigned and were not really entitled to a refund. Rather than discriminate, the meeting elected to refund all Memberships. Glen has written a letter to everyone and they will receive their refunds in due course. Former members will be required to sign and return a receipt to be placed with the books. Renee will get to each person as she gets time. Most Club Members located to date are pleased to get a full refund, not realising Renee & Glen are bearing the cost of ensuring this happens. You might say the only Members not receiving a full refund are Glen and Renee. These refunds are generally being hand delivered although some will have to be posted. He has already hand delivered the refunds in this area. If former Members do not wish to accept their refunds they can indicate to Glen or Renee they wish the funds to be donated to Riding for the Disabled. I am sure ---- RDA will be delighted to accept any refunds former members do not want.
The meeting was was held on Good Friday as that was the only day enough members would physically be in one spot long enough to get a quorum. He also had 3 other members willing to attend by telephone if necessary. It was no secret he had called the meeting. Due to a motion on our books that racing should only be presented in a positive light, it was considered inappropriate that a Meeting Notice be published on OzArabs, the main contact point for Arabian horse owners. This would be in breach of WG's motion (Feb 2005) that racing be presented only in a positive light in the public domain. Glen was unable to post a meeting notice to the Arabian Racing Australia yahoo list as the group owner removed him in 2006. As he was the acting President he took this to mean this list had been deleted.
Glen's efforts to contact the former membership were adequate by anyone's standards and certainly met legislative requirements. He does not have a full membership list so could only go with what he had. He sent a meeting notice to everyone's last known e-mail address. Several people have moved on from their e-mails and not bothered to notify him. Where he had no e-mail last known e-mail, he asked those he could notify to contact those he could not. Those without e-mail were contacted by telephone. Due to the lack of membership list, he was unable to attempt to contact DMcL and WG. This was not considered a major problems as they declined any Committee positions in the first meeting. Virginia did not require contacting, Jill B was not a member. EVERYONE else he attempted to contact. The meeting notice was also posted on the ARNSW web site, of which the front page still exists.
It was not considered necessary to chase down all the addresses of former committee members endlessly. It is a long drive to Canberra for some, others would be at the Tumbarumba Ride and Snowy AGM, and to place a club into recess and finalise the books takes only about 15 minutes. Anyone can act as Secretary, it really only needed Glen and Renee to physically be present to deal with the finances, pitiful as they were, and a scribe to take the Minutes.
The wishes of the majority of the Membership were sought and acted upon. He was able to contact 7 Members. 6 responded, 4 with apologies but 3 would be there by phone if necessary. 6 out of 12 remaining members responded to Glen in favour of a formal recess and refunding the Memberships, so it was academic as he had the casting vote. The possibility of getting a 75% vote, even though only a simple majority was required, was negligible. Most members he was able to contact elected not to travel for a 15 minute administrivia meeting. They were all aware of what was to be discussed and what was intended to happen, all in agreement that this needed to be done. I agreed to make up the quorum on the proviso the meeting was after my horse was settled for the night in his stable for a school so Glen was stuck with a meeting time of 8.30-9.00pm at my horse's leisure.
He's not certain why any member of the former Committee would have a problem with being protected from possible prosecution and get a full refund they are not necessarily entitled to, at his and Renee's expense. No one has had enough interest to contact him over the Club since 2005. With Renee going he needed to do something about the cash assets and formally taking custody of the books in one location, so he did what was necessary to deal with outstanding matters. He dealt with the club as best he could when no one else could be bothered with sorting it out.
Glen and Renee have done everything by the book and have nothing worth bothering to hide, so it's all a bit of a boring yawn. If someone has an issue with that then they should have the decency to take it up with him personally. They are certainly not bringing Glen and Renee into disrepute, only themselves and Arabian racing.