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Author Topic: Elections for QRL Directors  (Read 13232 times)
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Arsenal
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Original Post 2009-Apr-02, 04:25 PM

https://www.queenslandracing.com.au/racingnews/010409SelectionofDirectors.asp

QRL elections are coming up as per notice on the web site.

Looks very democratic without seeing the small print.

Looking to find the requirements in Appendix A under the Constitution & Rules it's nowhere to be found
Has never been available either it seems. Thumb Down

Anyone interested should contact the recruitment agency as QRL doesn't want us asking them questions even disclosing WHO is retiring.

First to find out should post and let everyone in on it. Thumb Up
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Thenamy1
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2009-Jun-23, 09:48 PM

Would be happy to DD. Will try and have it up by the end of the week.
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dubbledee
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2009-Jun-23, 09:50 PM

Thumb Up

Hopefully Obi will look in, too.
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Thenamy1
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2009-Jun-23, 10:06 PM

I know that Obi was concerned about how hard it was to get a copy of the consitution, so I have attached a copy for his and other's benefit.

[ ERROR: SPECIFIED ATTACHMENT MISSING ]
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dubbledee
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2009-Jun-23, 10:07 PM

Will be some good bedtime reading there for anyone interested. rolleyes
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Thenamy1
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2009-Jun-23, 11:12 PM

here you go DD ... in my best effort at a plain english explanation.  dry

BACKGROUND

Class A members – TAB Clubs, Country Racing Committee, Owners, Trainers, Breeders, Jockeys and Bookies. Each has a vote.

Class B members – Current directors (for the purpose of this process, excluding retiring directors who are candidates). Has 1 collective vote.

SELECTION OF DIRECTORS

- 7 months before the end of the term, advertise for Directors to fill positions to be vacated.

- 5 months before the end of the term, an independent recruitment consultant prepares a shortlist from the applications by reference to selection criteria in appendix “A” (talks about level of experience required etc).

- 4 months before the end of the term, shortlist is distributed Class A and Class B members for consideration of their preferred candidates.

- Each Class A and Class B member determines their order of preference of the candidates. (may need to have their own ballot to determine this).

- 8 weeks before the AGM, a selection committee is convened. The committee consists of the Class A and B members.

- The committee has a discussion and try and agree on who is the preferred candidate.

- If no agreement is reached, then a ballot takes place.
(I agree that the ballot process is a little backward in that it requires you to put 1 against the least preferred candidate and number up to your preferred candidate. The candidate with the highest number is selected)
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Arsenal
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2009-Jun-25, 07:26 PM

Interesting  document Thenamy1 thanks for the disclosure.  Thumb Up
A couple of observations
C15.1 provides that the Board will consist of not less than five but no more than seven Directors.

Original 5  appointees still there but there is an opportunity to increase the number.

Maybe that's about to happen this time .


Retiring Directors are eligible for re-election.

 No sunset clause or age qualification so Bill's safe on that basis.

Provisions in C17, I think it is, looks pretty cumbersome and confusing but otherwise seems reasonably clear what it means.

Short list of candidates is either in circulation now or soon will be.

Will the veil of secrecy hold up under the intense interest this issue has created. stop

Time will tell  sleep
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dubbledee
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2009-Jun-25, 09:15 PM

Thenamy

Thanks for the summary.  From my reading the process is far more complex than your outline suggests, with lots of unclear issues.  I'll take another peek some time.

Arsenal

You say: "Retiring Directors are eligible for re-election."

I don't read it like that.

Clause 15.4 refers to the process that begins this year when 2 directors must retire, continues next year when 2 more (of current directors) retire, and the following year when the remaining 1 (current) director retires.  IMO, the word retire means one thing:  you leave the board and don't return (unless the Constitution says you may).

Especially because Clause 15.7 specifically states that the NEW directors elected THIS year, NEXT year, and thereafter (as per 15.5) ARE ELIGIBLE for re-election (Clause 17).

I don't know the legal term - maybe j.r.b. or someone else can help out - but I recall that there is one which says that the omission of reference to re-election in 15.4 and 15.5, with its inclusion in 15.7, means the retirees from the current board are NOT eligible for re-election.

But I suspect I don't know. nowink
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Arsenal
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2009-Jun-26, 09:06 AM

You could be right dubbles.

I only did a quick skim and may have jumped the wrong way.

Will read it again sometime soon. shy
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dubbledee
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2009-Jun-26, 10:42 AM

Doing some research in the legal dictionaries, it's a principle of legal interpretation that carries the Latin moniker:

expressio unius est exclusio alterius

From a Law dictionary:

New Latin, the explicit mention of one (thing) is the exclusion of another

: a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded
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dubbledee
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2009-Jun-26, 10:50 AM

Another Clause that gives strength to the view that current directors (who retire) are ineligible for re-election is 15.9.

This tells us that the QRL board may appoint a director to fill a casual vacancy, blah, blah, AND that the appointee IS eligible for re-election.

By my small mind, this makes the omission of a statement of eligibility for re-election in 15.5 all the more pertinent.

Having said all this, no one will be asking me. lol
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MagiC~*
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2009-Jun-26, 11:02 AM

Having said all this, no one will be asking me.


lol

Maybe we could get Ted E's interpretation  smiley
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Thenamy1
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2009-Jun-26, 11:23 AM

DD, I agree with your interpretation. The founding directors are not eligible to stand again.

Extending the time for the founding directors - Wasn't this what the kerfuffle was all about last year ?
« Last Edit: 2009-Jun-26, 12:05 PM by Thenamy1 » Logged
dubbledee
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2009-Jun-26, 11:32 AM

Yes, that was one of the outcomes of the proposed changes, but the frequency of elections was also reduced (from memory).

Thinking more on the matter of re-election eligibility...I'd say the Constitution (as it stands) was written with the knowledge that at least several of the founding QRL directors had already been on the principal body for several years PRIOR to the advent of QRL.
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ted e turner
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2009-Jun-26, 03:04 PM

its a sad indictment of the hatred towards bentley the un-elected that stakeholders have to pour/poor over every document looking for his next percieved/failed rort
this un-elected by stakeholders mutt needs to be sent to the pound for retired old DOGS
DITTO....hi porky bye
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Arsenal
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2009-Jun-26, 08:13 PM

Have another shot at getting it right

My original post wrongly quoted C17 as cumbersome it is 15.5 which I had trouble with. Sorry about that.

These are the facts as I understand them

The founding Board (the current appointees) hold office for the initial term which is 3 years.

The term commences from when the Company was licensed under the Racing Act .

The Constitution is dated 26 April 2006.

Probably safe to assume the license operates subsequent to  that date.

That being so the term  ends on  the third anniversary from the  date in 2006 which brings it up  to the date 2009 .

Two directors must retire at this AGM .

C15.7 provides that  a  Director retiring  in accordance with C15.5 is eligible to apply to become a Director under C17. He has to submit a CV .

C15.4 requires two of the current appointees to retire .They don't have an option to be reappointed.

The Board consists of not less than 5 and no more than 7

It is  not possible therefore  that the two Directors retiring this time could seek reappointment .Dubbles was right

The thing that puzzles me is if this is the first time Directors have had to face an election why did QRL seek an extension of their tenure which although approved by the majority of Class A members 14/1 was rejected by the Minister.

The advertisement  for candidates appeared on or about 29 May 2009 .The Constitution requires this to begin 7 months prior to the end of the term,which suggests the term ends in late  December .So skipping some steps all will be revealed to the voters 4 months  before the AGM when the short list is circulated.


I should mention Bob Bentley was originally appointed to the old Control body in 2002 together with messrs Hammer,Lambert,Lonie and Tutt the last mentioned two resigned in 2004 and were replaced by  the two Bills Andrews and Ludwig.

It looks like the two stepping down will be Hammer,Lambert or heaven forbid Bob Bentley.






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