I have been asked permission to give details on my article on the NO case for the RAAus constitution. As a response I have enclosed the text below.
A group of RAAus members have been working on a proposed draft constitution that it will be placing before its members on 14th May 2016. This change in then RAAus constitution is the most significant change we have considered since then AUF changed is structure to RAAus some years ago - its an important document!
As with all legal documents every sentence is important and every paragraph and subparagraph needs to be very carefully written and understood. The work that has gone into its creation is considerable and as an organisation RAAus should thank all those involved - it was a lot of hard work.
For acceptance any constitution should not have any problems or issues. I submit there are still current, real, remaining policy and administrative issues with the proposed constitution that should be resolved before it is accepted by RAAus members on 14th May 2016.
For those RAAus members voting the decision is yours. Ask questions, read the draft constitution, make up your own mind and please vote.
Regards
Rodney Birrell
CONSTITUTION CHANGE
RECREATIONAL AVIATION AUSTRALIA MEMBERS
RAAus CONSTITUTION - THE VOTE NO CASE
Recreational Aviation Australia Inc is proposing to cancel its current constitution and introduce a new one. The decision to proceed or not will be decided by RAAus members at the General Meeting to be held on Saturday 14 May 2016, 2pm at RAAus Head Office, 3/1 Pirie Street Fyshwick, ACT.
If you have an interest in this matter then please continue reading, if you are no longer a RAAus member, or are really not interested then I apologise for wasting your time. RAAus is to have a plebiscite, a poll or in reality a referendum on the new constitution. Both sides of the constitution debate should at least be made available to RAAus members.
The proposed YES case for the constitution change has been promoted heavily. So far the NO case has not been reported, in any RAAus correspondence.
A new RAAus constitution must be fair, reasonable and proven to be in the best interests of RAAus members. RAAus should be a member first organisation, democratic, open and accountable and it should foster, develop and protect our sport and recreational aviation as an industry. I submit the proposed new RAAus constitution does not yet achieve these goals.
On many important issues the proposed constitution remains silent. This leaves many issues unresolved, with the possibility of adverse rules being introduced without RAAus member approval. There are a raft of problems with this issue. These matters should be resolved, with the approval of RAAus members, before the new constitution is introduced as law.
Regional Board member representation will be lost if the proposed constitution is introduced. There will be no local Board member, no one to call, no one with any ability or authority to effect change, and no one to work with local authorities on any matter that may affect RAAus. This is not not a step forwards.
If passed at the meeting, the current Board will be removed. The new Board will consist of only 3 persons (The President, Secretary and the Treasurer) until elections are called to top up the new Board (to a minimum of 5 persons). This action does not represent good governance of our organisation and should not be supported.
In terms of accountability, the proposed constitution reduces the minimum number of general/board meetings that members can attend from the current two (23iv) to 1 each year. The first AGM under the new constitution is proposed to occur in October 2017. The current executive will not face any election for an additional 18 months term (on top of their current term) which raises the issue of having a self nominated executive moving to paid positions with no accountability in terms of an election until October 2017.
The Board will be reduced from 12 to a maximum of 7. This was proposed as a way to save money. The current RAAus Board is made up of volunteers who meet together twice a year, the new Board will be paid positions and meet as often as they chose - there will be no cost savings.
An individual or incorporated body can become a RAAus member (11.2) yet only members who are natural persons shall be eligible to vote (29.0). This represents a poor policy position and is clearly unfair. All members (club, school or private) who are financial and are bound by the rules of the organisation should be entitle to a vote. Also all members should be able to bring resolutions forward should they so wish. This will not be the case as defined in the new constitution (27.1). If you are an RAAus club or flying school and you pay the required membership fee, you should have the right to have your say and a vote.
The proposed constitution states (17.1) that RAAus shall have the right to “discipline” its members. Our new constitution should be a reform document. We really do not need this provision included in the constitution in the way it is, particularly when the Board and RAAus members have not signed off on what the disciplinary powers will be.We have no need to follow CASA along the path of defining every mistake as a breach of the regulations, and that every breach should be punished with a penalty.
With the current RAAus membership, 100 members will be the minimum number of members needed to call for a general meeting. Realistically future constitutional amendments by members will be difficult to achieve, due to the number of supporting RAAus members required to make a change. The bar remains set too high.
A further restriction to future constitutional reform will be in place with at least 75% of the votes cast by members required (para 65.0) to pass a special resolution. Allowing the current proposal to proceed with a plan to “fix it later” will be a challenge due to the high acceptance required for any future amendment.
To view the proposed constitution click here
There is no need for to be rushed here. A revised RAAus constitution is needed, however the proposed constitution is not ready to be approved by RAAus members. It's clearly not as it should be, a wise revision is needed. There are no urgency issues here.
A vote for caution is required, a NO vote is recommended.
Please don’t remain silent on this issue. Take the opportunity and vote NO, not yet, to the constitution proposal by completing a RAAus proxy form. It is most important that you state on the enclosed proxy form how you wish to vote and who you wish your vote to be presented by at the meeting.
Once completed it must be sent to RAAus by email
[email protected] by close of business on 12 May 2016. I will be please to hold your proxy for presentation at the meeting, whichever way you vote. My details are listed below.
To vote a proxy form is required. It can be obtained here
Further information is available on request.
Rod Birrell
RAAus Member (Victoria)
0422 446622
RAAus member number 35
Background : I have served on the AUF/RAAus Board, on and off for many years. I was proud to be one of the foundation members of our organisation and strongly believe, in all situations, our organisations goal should be to serve our members needs first.
[email protected]
Our mailing address is:
PO Box 125, LOWER PLENTY,VICTORIA, 3093
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