ICU Board invalidating received motions

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Seanie
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ICU Board invalidating received motions

Post by Seanie » Thu Nov 17, 2011 6:50 pm

Under "Invalid motions received" the ICU board have no right to invalidate the motion by Kilcullen Canoe Club.
ICU wrote:The following three items were received in time for the closing date set out for the receipt of motions but were ruled invalid for the reasons stated –

Item 1 – Submitted By Kilcullen Canoe Club:
At a meeting of Kilcullen Canoe Club, held on November 2, 2011, a motion of no confidence in the executive of Canoeing Ireland, was passed.

This does not constitute a motion it records a fact that Kilcullen Canoe Club had a meeting at which they voted on a motion of no confidence.
Here are the rules as set out in the ICU articles of association:
ICU Articles of Assocation wrote:Article 19...

(iv) A motion may be put forward by any two members provides (i) it deals with a single subject (ii) it is notified to the Secretary in writing not less than 21 days before the Annual Delegate Meeting (iii) it is approved by the Board or an Affiliated Club and it is duly countersigned by the Chairman of the Board or the Affiliated Club which approved the motion.

(v) The Board may alter or amend any motion which offends against the Articles of the Union but not otherwise, and may composite any two or more motions which, in the opinion of the Board constitutes in substance the same motion or which deals with the same subject matter and is to the same effect. The Board shall inform, in writing, any Affiliated Club whose motion is altered, amended or composited in accordance with this article and shall then arrange for the final Annual Delegate Meeting agenda to be prepared and made public not later than 14 days before the commencement of an Annual Delegate Meeting.
The motion meets the requirements in Article 19(iv). And Article 19(v) only gives the ICU board the right to "alter or amend any motion". The ICU board do not have the power to invalidate motions. In fact the spirit of Article 19(v) is meant so that clubs don't have to have a law degree to submit a motion. The ICU should have simply amended this motion to what its clearly trying to be, a motion of no confidence in the executive of Canoeing Ireland.

Not to recognise this as a valid motion could open the ICU up to another legal challenge. And I have no doubt the ICU would lose.

I'm sick and tired of these sorts of games.

kev
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Re: ICU Board invalidating received motions

Post by kev » Fri Nov 18, 2011 2:23 pm

Does anybody know if the executive will have to clarify this at all at the AGM?

Adrians
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Re: ICU Board invalidating received motions

Post by Adrians » Fri Nov 18, 2011 3:09 pm

kev wrote:Does anybody know if the executive will have to clarify this at all at the AGM?
Unless it is raised in the AOB section of the AGM it won't have to be explained to anyone.

I really hope Pat Mac for Galway gets elected as President, I can say that this kind of carry on won't happen under him.

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Seanie
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Re: ICU Board invalidating received motions

Post by Seanie » Fri Nov 18, 2011 8:09 pm

I think that this issue needs more exposure.

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Seanie
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Re: ICU Board invalidating received motions

Post by Seanie » Sun Nov 20, 2011 3:13 am

kev wrote:Does anybody know if the executive will have to clarify this at all at the AGM?
If its not resolved at the next ICU board meeting (I've been told the issue will be raised), then the correct time during the AGM to raise the issue would during the initial adoption of the proposed agenda for the ADM. Failing that it can be at the very start of the motions. Remember that you can propose a motion from the floor at any point during the meeting once it fits in with the current part of the meeting.

It's been suggested that if the ICU put the invalidation of the motion to the floor of the AGM/ADM for a vote, then they can invalidate it. This isn't the case, they'd have to amend the ICU Articles of Association for this to be the case, and in that case such a move would only be valid at next years AGM/ADM. It's a valid motion and should be put to a vote. Not doing so is a breach of the ICU Articles of association.

I've a feeling that the ICU will end up doing the right thing and accepting it as a valid motion. Not to do so only strengthens the argument in the motion itself.

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