democracy

[allotmentholder]

at the AGM of our allotments association Iwas nominated for a position on the committee only to be told by the chairman that i was banned from going on the committee i pointed out that it was the members who decide but he denied them the vote i wrote to him on severall accations since and on Tuesday this week spoke to him i n forming him that he was in breach of the constitution but he told me that i was not banned as a member of the association just banned from going on the committee so i pointed out that as a member Iwas entitled to the same as every member but he said the ban stood so Wat hes saying is he dictatats who is on the committee and surly this is wrong but Wat can i do about it???

[djbrenton]

Somewhere in your Constitution there will most likely be a clause allowing a specified number of members to call an Extraordinary General Meeting. As long as procedure is followed in calling such a meeting i.e. all members must be given 21 days notice ( or whatever your rules are ) and it is for specific agenda items, then decisions made at such a meeting ( such as removal of chairman ) are binding.

[busy_lizzie]

It would be good if you could get a copy of the Constitution of the Association, allotmentholder.  It is usual at an AGM for someone to be proposed onto the committee and a vote to take place if there is more than one contender, then accepted on the unanimous vote by the membership. That is how it usually works.  It  certainly shouldn't be up to the Chairman to say who gets on the committee or doesn't.  Is there any reason why he seems to have taken this attitude and have you spoken to other committee members?  What I would do is ask him to put  his objections in writing and tell him you are seeking legal advice and then I would ask advice from your  Local Authority Allotment Officer, the NSALGs, and even the Citizens Advice Bureau, to see what your legal rights are. It seems a very strange thing to do.  Good luck in sorting it out. busy_lizzie

[Columbus]

Hi allotmentholder,

I may have missed something but I have to ask;

On what Grounds did he say you were banned?

At what meeting of committee or members was this decision to ban you made? Date? time? place?

Was there a Quorum of commitee members at this meeting as laid out in your associations constitution. How many? who? officers? members? relationship with chairman?

Your organisation does have a properly laid out consitution voted on periodically by a Quorum of members, doesn`t it? When was it last voted upon? Minutes of that meeting? Do all members have access to a copy? If not why not?

I think this is a requirement for charitable status. In the constitution is there an agreed process whereby members can be banned from committee membership? Was this process adhered to? Are there minutes available to all members to prove this? You mighty want to find examples of good practice in drawing up a constitution. Does yours meet these standards. I expect the NSALG can help with that.

Have you seen the minutes of meetings when you were discussed? Were things said about you and charges made against you true and made against you in good faith or were you libeled or slandered? Is someone spreading false rumours? Have you had a right to reply to charges?

Were you notified in writing after that meeting that you were banned from committee membership and the grounds on which that decision was made?
And for how long would this properly arrived at and minuted ban stand?

I suspect that the decision was made on a whim and that no constitution or minutes of meetings exist and therefore the charitable status of the organisation could be withdrawn and its officers investigated by the charities commission and charged with breaking the Charities Act 1992 and 1993.
Have they been not paying vat on the proceeds of sales, falsly collecting money ?

You might want to ask some of these questions in writing or get someone like the allotments officer to ask on your behalf.

Best of luck, Col


(Quorum:
The number of voting members at board meetings who must be present at a meeting to allow proceedings to be validly and effectively conducted, as laid out in the constution of the organisation)

[allotmentholder]

iwas never told of the ban from anyone of the committee until the aGM they never wrote to me nothing i have wrote to the chairman on 3 occasions asking for an explanation of the ban nothing at our last generally meeting in sept 05 i asked why my letters was not on the agenda as correspondence and was told my case can only be discussed at a committee meeting Tuesday this week after the committee meeting i asked the chair man Wat was the decision and he told me that iwas not banned as a member just banned from the committee so i said as a member surly i was entitled to the same benefits as him and he was telling every member who they could have on the committee and he could not do that but he just said your banned and thats it

[Robert_Brenchley]

This sounds like the minister who sat there in our Church Council and tried to say that I wasn't to be re-elected as a church steward. They re-elected me anyway. You need ot get a copy of the constitution, call an EGM if you can, otherwise go to the AGM, and force him to justify it constitutionally. There's nothing which can't bee discussed at a General Meeting of any type. It sounds like pure dictatorship to me.

[Columbus]

Hi Allotment holder,

If you are going to take these people on I think you need to get some other members to support your application to stand for a committee place and some expert help locally.

Somethings are too much like hard work for little reward and I think sometimes its ok not to push a point just to be landed with more fights and problems in the future. Maybe you would prefer to not bother and get a plot somewhere else. Maybe a council allotment officer would give you a sympathetic hearing and bump you up a list on another site.

Sometimes I choose not to be assertive.

keep us posted, Col

[allotmentholder]

i am not giving in to them this could happen again and were do we go from here the next thing they will be tellling me to leave my allotment which i have had since 1966 thats Wat i say allotment associations are fine just so long has the majority done tread on the minority

[busy_lizzie]

I think you are quite right allotmentholder.  Why should you give in if you have done nothing wrong.  I still think you should  seek legal advice on this and contact the people I suggested in my last post. busy_lizzie

[growmore]

I think if You can get enough members to sign a letter calling for an extraordinary meeting then they are obliged to hold one...Then a vote of no confidence can then be passed on one or other of the committee..The vote at this meeting has to stand ..But I think You may find apathy rules .Or what they say to You they may not want to stand up  and say in a meeting and vote on it ,...Or as is usually the case they cant be bothered This is why you tend to get a vote to take the committee from last Year through to this year because no one wants to do it...
But the Chairman is in the wrong  If this is just his personal preference that he doesn't want You on the committee...Any member can be on the committee if he is put forward seconded and he wins a majority vote for the post  at a general meeting...This is called democracy and what a committee or association should be all about ...Make sure You have the backing You need though else Your going to be out on a limb ... hope it goes ok for You ..cheers ..Jim

[Robert_Brenchley]

What do the other plotholders think of the committee? We had a major troublemaker at our site, who was ignominiously voted off as soon as someone insisted on standing against them. Maybe you need to stand against the cbhairman when he's up for re-election?

[John_H]

the best guide to how things should be done is:

The ABC of Chairmanship - Walter Citrine

Its quite old  now but I expect you could get a copy from your local library.

[allotmentholder]

thanks for all your support on my problem the constitution sayer's and this is from it 3.3 all allotment holders shall elect a member to be on the committee to represent them so he is in breach of the constitution surly theres one of you out there with some idea of the law can anyone tell me can i do anythink

[davy1]

Hello to all, My first post.
Allotment Holder.
At this present time our members are engaging in battle with our Chairman who thinks he owns our site.
First off if you were voted on by the members you can only be removed by the members unless you resign.
If your Chairman is causing ill feeling among all or most members of your Assc then find out how they feel about him if its in your favour get the members to call a meeting. Submit a letter requesting an Extra ordinary Meeting within the next 28 days. He is obliged to do this.
Submit on this letter the Agenda to be discussed. IE! Voting on /off  of Committee members, Chairmans right to remove  members or committee, deny membership etc
Get a copy of your constitution every member is entitled to it, check the minutes of the meetings, every member is entitled to access, Form your Battle Plan and go for it
Why this Post      No one has the right to deny you what is constitutionally yours.

[busy_lizzie]

Hope you are getting somewhere with this allotmentholder.  I hate to hear of this sort of injustice.  Must be a common fault with chairmen, as once they are elected they seem to think they do own the site.  It seems power goes to their heads!  busy_lizzie

[saddad]

Ours has even gone as far as making the Chair permanent, denying the need for him to be re-elected, shades of the enabling act here!
As treasurer I am finding it an increasingly difficult situation, he soon looses any secretaries we elect!
 

[busy_lizzie]

This all sounds so familar.  Saddad, how can he he turn your society into a dictatorship?  It is amazing what the quest for power (even at an allotment), can do to people!  busy_lizzie   

[triffid]

Eeek! We don't even have an association, let alone a committee. Now I realise I should be grateful.

Poor you, allotmentholder.

[saddad]

He is excellent at fundraising, he has raised over 25,000 over the last 8-10 years, we now have paved roads, a proper toilet block, schools/visitor centre and other community involvement... as treasurer we can't do without him, but it is chicken and egg... without him we wouldn't have started so many capital projects...
Several members are praying for something other than rain!
 

[Sherwood]

What is it about allotment committees? I've been on lots of different (non - allotment) and hardly ever had any problems. I've been on four allotment committees and none of them could be remotely regarded as deocratic - why are there so many Pol Pots in our movement?