AGM Amendment 2

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Pennielea
Posts: 145
Joined: Sun Oct 28, 2007 6:42 pm
Location: Northern Ireland

AGM Amendment 2

Post by Pennielea »

A paragraph which is being removed and replaced by Amendment should carry the same Paragraph Number as the original to avoid confusion i.e. Para 4 (4) should be amended by another Para 4 (4) not 4 (5) as shown in Explanatory Notes. This is a procedural mistake.

Below is existing Paragraph 4 (4) which is the subject of change.

"Para 4 (4) The Council shall have the right to terminate or suspend for a period the membership of any Member on the grounds of failure to observe any of the Rules or Bye-laws of the Charity or on any other ground upon a resolution of the Charity passed by a majority of at least three-quarters of the votes cast at a General Meeting of which not fewer that 21 clear days’ notice specifying the intention to propose such a resolution and the general nature of the grounds upon which such resolution is proposed shall have been sent to the Member whose removal is proposed and to all other Members. The Member whose removal is being proposed (or his representative) shall be entitled to put forward his representations either in person at the General Meeting or in writing, such written representations to be notified to the Council not fewer than 7 clear days before the General Meeting. Such representations shall be copied and circulated at the General Meeting. Registration of Cattle born to the herd of a suspended Member may continue for the period of suspension, and for a reasonable time, to be set by Council, after termination of membership."

This has been in the Society Constitution for many years, long before the present Articles were approved. It is designed to protect members as far as is legally possible. Dismissal from a normal Charity, such as RSPB, would result in only minor inconvenience to that member. However when your livelihood depends on "Breeding Pedigree Dexter Cattle for sale as either breeding stock or beef", dismissal from our Society results in in an horrendous change in lifestyle, not only for the member but for their entire family and for their herd of Dexter cattle.

The proposed amendment also removes an option for suspension as a punishment.

I contend that maximum protection for members should be given by their fellow members from punishment, especially from charges brought on the whim of a few Council members. This reflects the Common Law where a jury passes judgement on the accused.

In fact Paragraph 4 (4) above reflects almost exactly the method to be used for removing a Council Member from Council which I have commented on in a previous post.

In my opinion no change is required to the Articles and I would encourage all members to reject Special Resolution 5 by voting Against.

Ian
Joan and Ian Simpson
Pennielea Farm
Glenavy
Co Antrim